Sellers who participate in the Subscribe with Amazon Program are responsible for the collection and payment of any and all Taxes, and agree to comply with the specific terms below.
You are responsible for the documentation and payment of any and all Taxes to the appropriate tax authorities and represent and warrant that you are, and will continue to be, registered to collect, and pay, or will pay, Taxes in those jurisdictions in which you are required to do so and you will provide, upon our request, documents proving such registration or authorization. You hereby acknowledge and agree that we are not responsible for the collection, calculation, payment or remittance of any Taxes to any governmental authority that are or may become payable with respect to any sale of Products by you, and no communications of any kind at any time between you and us or our respective affiliates in connection with this Program Policy will affect your responsibility. All fees, commissions or other amounts payable to us are exclusive of any applicable Taxes and to the extent Taxes are required to be collected or withheld, you will pay such Taxes in addition to the amounts otherwise payable.
You will provide us with all tax collection settings necessary for Amazon to calculate and collect all U.S. sales and use taxes ("Sales Taxes") with respect to sales for which customer purchases are made through a payment mechanism provided by Amazon, including your tax nexus and product tax code assignments, and any other information we request ("Tax Settings") in the format required by Amazon's tax calculation services. We will collect from customers and remit the amounts of Sales Taxes to you, based on your Tax Settings. The tax calculation services are limited to the calculation of all Sales Taxes and do not apply to any other Taxes. We hereby specifically disclaim any responsibility for or obligation to verify, and make and give no representation, warranty, guarantee, advice or guidance regarding, and you hereby acknowledge and agree that no communications of any kind at any time between you and us or our respective affiliates, will be or will be considered or deemed to be representations, warranties, guarantees, advice or guidance of any kind regarding: (a) the accuracy of the tax rules or tax methodology used to collect Sales Taxes, (b) the application of Taxes to your Transactions or Products or of the tax jurisdiction assignment functionality or sales and use tax rates, or (c) whether or not the amounts we collect pursuant to the Subscribe with Amazon Program Agreement will fulfill your obligations to collect Sales Taxes.
Prior to any payment being received under the Subscribe with Amazon Program Agreement, you will provide us with properly executed U.S. Internal Revenue Service Forms for yourself. You will also provide us with any information requested from time to time to allow us to satisfy any reporting or compliance obligations we may have under applicable Laws.
You and we agree to use commercially reasonable efforts to cooperate and provide assistance to each other with respect to any potential federal, state or local tax audit in connection with activities under the Subscribe with Amazon Program Agreement. Seller and Amazon agree that the only information Amazon will be required to provide is sales information that is readily available using Amazon's existing information systems, and Amazon will not be responsible for modifying or creating new systems to obtain any required or requested information. Seller and Amazon agree that any costs incurred in connection with such cooperation and assistance will be borne solely by the party incurring such costs. If payments to Seller under the Subscribe with Amazon Program Agreement are subject to any tax withholding, Amazon may withhold those Taxes and pay them to the appropriate tax authority. Amazon will deliver any legally required receipt or other document for any Taxes withheld. All payments made by Amazon to Seller as reduced by a withholding will constitute full payment and settlement of amounts owed under the Subscribe with Amazon Program Agreement. Seller will be responsible for all other Taxes or fees (including interest and penalties) arising from transactions and the documentation of transactions under these terms. Throughout the term of Seller's participation in the Subscribe with Amazon Program, Seller will provide Amazon with any forms, documents, or certifications as may be required for Amazon to satisfy any information reporting or withholding tax obligations with respect to any payments under the Subscribe with Amazon Program Agreement.