Singleton

BACKGROUND FACTS

A. Arbitration

Singleton, as "Stan's Big Savings," agreed with Amazon to sell his goods online.

Paragraph 3 of the Agreement allowed either the seller or Amazon to terminate or

suspend the Agreement immediately by giving notice, for any reason at any time. Under

paragraph 18 of the Agreement, the parties agreed to submit any disputes about the

Agreement to arbitration.

Paragraph 18 of the Agreement incorporates the provisions of Amazon's "Service

Terms and the applicable Program Policies," as a subagreement. Those terms include

criteria for seller performance measurement and targets for performance, and a

performance review and notification process. The policy states that "in most cases, we

contact sellers with poor performance to ask for measurable improvements within

days of the first warning. Occasionally, we remove the selling privileges of accounts

with very poor performance immediately."

After Singleton failed to meet its performance standards, Amazon terminated his

seller account. Singleton attempted to initiate contractual arbitration but the Agreement

contained the wrong address (outdated) for such a request to its agent, and…