; or (dd) other circumstances, as appropriate. (III) An electronic commerce platform may reinstate a listing disabled or removed under this clause, if, after an investigation initiated by the platform or upon request of the affected third-party seller, the platform reasonably determines that a counterfeit mark was not used in the listing. (IV) A verified decision to reinstate a listing under subclause (III) shall not be a basis for finding that the applicable electronic commerce platform failed to comply with this clause. (vi) (I) Implemented a publicly available, written policy that requires termination of a third-party seller that has been determined to have engaged in repeated use of a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of goods on the electronic commerce platform. (II) The use of a counterfeit mark by a third-party seller in 3 separate listings during a 1-year period typically shall be considered repeated use for the purposes of subclause (I), but an electronic commerce platform may allow a third-party seller to remain active after repeated use of a counterfeit mark when mitigating circumstances exist. (III) The determination of whether mitigating circumstances exist for the purposes of subclause (II) shall consider the overall activity of the applicable third-party seller, efforts the third-party seller has taken to cure supply-chain concerns, third-party seller intent, the scope and nature of the defenses offered by the third-party seller, efforts the third-party seller takes to refute or resolve disputes once notified of a concern, and any other factor considered relevant by a court. (IV) An electronic commerce platform may reinstate a third-party seller after terminating the third-party seller under subclause (I), if, after an investigation initiated by the platform or upon request of the affected third-party seller, the platform determines that the third-party seller did not engage in repeated use of a counterfeit mark or that mitigating