First, you don't have to have seen their specific agreement to know what the standard language in a licensing agreement is. They all have very similar main points. I've seen dozens of marvel and and DC licensing agreements. For everything from statues to retail toys to plastic cups. But even if you don't believe any of that...XM has stated publicly that this is the issue. They have a whole section over at statue forum. And have explained it. Here's a quote from one post...
"Firstly, about returns or issues found on products - we do take this very seriously. Every time a piece is found not up to standard means a lapse in our QC which we will review and improve. However, with the recent crack down on XM selling out of our approved zones, we are tasked by greater powers to manage our distributors and resellers better so we need to know who the original buyers/sellers are. "
As you can see they got busted for not doing what they where supposed to be doing and it cost them. And it is their responsibilities to ensure their products are not sold commercially to outside regions. It's one of the main components of a licensing agreement. Otherwise only one company would get the license and if they do didn't sell world wide oh well. This way each region is represented in some form. Better for the dealers and manufacturing and better for the licensees.
As for eBay sellers..the standard p2p sales are not an issue. But any dealer that is selling can effect XM. And they can track it easily enough. They know which SN went to which retailers. And from there the buyer is recorded. If any person(or shop) is buying large amounts to resell it is xm responsibility to ensure they are sold in region, or refuse the sale. They won't catch them all. Might not catch many. Doesn't mean they can't get slammed for it.
As for your response about your original post being about something else..that's fine. But you added or changed the topic later. You replied to me and another person, even if it was indirect, and questioned our responses about how we know about the agreement and then threw in that eBay thing. That's why it was brought up in responses, no matter what the content of previous posts was.
And you seemed pretty definitive in that initial post you brought up. Like you knew what was in the licensing agreement . Which is what I originally responded to. And as I said, you where mistaken. The agreement will have language that requires them to monitor 3rd party sales to make sure no one is circumventing the agreement. It's standard in licensing.