The Real Meat
Company (the “Brand Owner”) hereby adopts this Resale Policy (this “Policy”)
and requires that each person, firm or entity (as applicable, a “Reseller”)
that purchases Brand Owner’s products (the “Products”) for resale or other
distribution agree to comply with this Policy.
Any Reseller that fails to comply with this
Policy will be deemed an unauthorized reseller of the Products, and as such,
shall have no right to: (i) sell the Products, (ii) use Brand Owner’s
intellectual property, including any of its trademarks or copyrights, or (iii)
offer Brand Owner’s consumer warranty applicable to any of the Products.
- Applicability.
This Policy applies to all resales
of the Products. Regardless as to where the Products were acquired, either
directly from the Brand Owner, through an authorized distributor, or some
other procurement method, a Reseller must comply with the terms of this
Policy.
- Sales to
End Users Only. Unless
otherwise agreed with Brand Owner in writing, Reseller may only purchase
Products for resale to consumers and end user customers, and Reseller may
not resell Products to other Resellers, distributors or for further
distribution in any manner.
- No Sales
on Online Marketplaces. Without
the Brand Owner’s express written consent, Reseller may not advertise or
sell the Products online on any e-commerce platform, specifically
including, but not limited to, Amazon, eBay and Walmart. Reseller may sell
Products on its own website.
- Handling
and Storage. Reseller agrees to handle and store the
Products in a safe manner and in compliance with Brand Owner’s storage and
handling guidelines. Reseller will
ensure that any Products it purchased are stored in secure, climate-controlled
warehouses.
- Product
Packaging and Display. Reseller shall sell Products in their
original packaging. Relabeling, repackaging (including the separation of
bundled Products or the bundling of Products), and other alterations to
Products or their packaging are not permitted. Tampering with, defacing,
or otherwise altering any serial number, UPC code, batch or lot code, SKU
or other identifying information on Products or their packaging is
prohibited. Reseller may not remove, translate, or modify the contents of
any label or literature on or accompanying the Products. Reseller shall
not advertise, market, display, or demonstrate non-Brand Owner Products
together with the Products in a manner that would create the impression
that the non-Brand Owner Products are made by, endorsed by, or associated
with Brand Owner.
- Trademarks;
Copyrights. Resellers that comply with this
Policy have a limited, non-exclusive, non-sublicensable, revocable license
to use Brand Owner’s trademarks and copyrights in connection with the sale
of the Products. Reseller shall not alter, modify, or change any trademark
or copyright, nor shall Reseller use any trademark or copyright other than
for the promotion and sale of the Products, nor shall Reseller use any
trademark or copyright in any manner that negatively impacts such
trademark or copyright or the Brand Owner. Failure to comply with the
Policy will result in the automatic revocation of the license granted
herein and a total forfeiture of the rights granted herein. Brand Owner
reserves the right to revoke this license at any time for any or no
reason.
- Locations
/ Reporting. Reseller agrees to track the Products it
purchases and to store all such Products at locations in compliance with
this Policy. At Brand Owner’s
request, Reseller will provide Brand Owner with (a) a list of all storage
locations utilized by Reseller, (b) an inventory of Products maintained at
each such storage location, and (c) physical access for Brand Owner to
perform an inventory to confirm the amounts and locations of Products at
Reseller’s stated locations.
- Product
Inspection. Promptly upon receipt of the
Products, Reseller agrees to inspect the Products for damage, defects,
evidence of tampering, or other non-conformances (a “Defect”). If any
Defect is identified, Reseller must not offer the Product for sale and
must promptly report the Defect to Brand Owner.
- Recall and
Consumer Safety. To ensure the safety and well-being of
the end users of the Products, Reseller agrees to cooperate with Brand
Owner with respect to any Product recall or other consumer safety
information dissemination efforts.
- Customer
Service. Reseller will maintain customer
service phone and email response functions to handle customer complaints,
returns and other customer service functions. At Brand Owner’s request, Reseller will
provide any reports or other information related to such customer
services.
- Product
Loss and Theft. If any
significant quantity of Products purchased by Reseller are lost or stolen,
Reseller will promptly report such event to Brand Owner.
- Report
Unauthorized Resellers. If
Reseller has information or reasonably suspects that any person is
purchasing and reselling or distributing Products in a manner not
authorized by Brand Owner or in violation of this Policy, Reseller must
promptly notify Brand Owner.
- Support of Manufacturer’s Warranty.
Reseller may extend to any proper purchaser of the Products the original
manufacturer’s warranty in accordance with its terms. Reseller may not modify or alter the
original manufacturer’s warranty, represent or characterize the original
manufacturer’s warranty in any misleading manner, or extend its own
warranty with respect to the Products. Failure to comply with this Policy
will result in the total forfeiture of Reseller’s right to offer Brand
Owner’s consumer warranty.
- Other
Information, Documents and Reports. Reseller must
provide Brand Owner with any supplemental information, documents and
reports that Brand Owner may request in order to validate Reseller’s
compliance with this Policy and to support Brand Owner’s warranty support
and customer support obligations and initiatives.
RESELLERS WHO FAIL TO COMPLY WITH THE FOREGOING TERMS FORFEIT THE
RIGHT TO SELL THE PRODUCTS.
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