NOT FOR PERSONAL USE TERMS
- Not For Personal Use Terms. These Not For Personal Use Terms are a supplement to our general terms of service which are incorporated by reference, and apply to all access and purchases of products or services not for strictly personal use such as and including products purchased for resale or other distribution. You acknowledge that you have read, understand and agree to both our general terms of service and these Not For Personal Use Terms. In the event of any discrepancy between these terms and our general terms of service, these terms shall in all cases be paramount.
- Receiving. You will report any concerns relating to a shipment such as shortages or damage within 7 business days of receipt.
- Retail Pricing. The regular retail price (RRP) for each product is per our online store plus shipping. You understand that while price maintenance agreements are generally contrary to law, we may in accordance with law have price parity agreements and price or sale notification obligations to other parties. If we so request, you will provide notice of your intention to sell product at a price other than the RRP.
- Customer Returns. Because of the nature of our products, we cannot accept returns. Defective product will be replaced or reimbursed, at our discretion.
- Product Complaints. You will report any product complaint within 2 business days EXCEPT IN THE CASE OF INJURY OR POSSIBLE INJURY TO ANY PERSON, in which case you will report IMMEDIATELY upon your receipt of notice – 24 hours a day, 365 days a year. You will cooperate fully and on a timely basis to collect and report all information we request and resolve such complaint.
- Storage and Handling. You will use reasonable care in the storage and handling of products. The products will be kept in dry, heated storage, and will not be subjected to temperatures or humidity outside of 10 to 40 degrees Celsius and 20 to 70% humidity. Products damaged by improper storage and handling will not be sold or otherwise distributed under any circumstances.
- Compliance with Laws. We will both on a timely basis comply with all laws applicable to our respective businesses, access, content, products and services.
- Brand Protection. You acknowledge and agree that brand protection is essential. In addition to the other provisions of these terms, such as Paragraph 6 [Storage and Handling] and Paragraph 11 [Intellectual Property], you will at all times in the ordinary course be mindful of protecting our brands, do nothing knowingly or carelessly to harm our brands, and reasonably cooperate with us in advancing our brands.
- Insurance. We will both maintain such insurance as is prudent, including product liability insurance in an amount not less than $2 million.
- Confidentiality and Non-Disclosure. You will keep strictly confidential our confidential information. You will not use our confidential information for any purpose whatsoever except as necessary for the retail sale or other distribution of the products. “Confidential information” includes all documents, knowledge and information regarding our business (however acquired or learned) that a person acting objectively and reasonably would consider confidential or proprietary, provided confidential information does not include information generally known to the public through no fault of yours.
- Intellectual Property. You acknowledge and agree that you do not have any licenses, rights (including moral rights) or other interests of any kind whatsoever in any of our intellectual property. You will not use our intellectual property for any purpose whatsoever except in accordance with the resale or other distribution of our products in accordance with our policies. “Intellectual property” includes all copyrights, designs, inventions, licenses, moral rights, patents, trademarks, trade secrets and confidential know-how, internet domain and website, and similar intellectual or proprietary interests or rights used or that may in the future be used by us in connection with our business, all applications, registrations and rights to make applications relating to the same, all photographs, video and other media, and our good will generally.
- Injunctive Relief. You acknowledge and agree that failure to observe and perform these terms may cause us irreparable harm that cannot be adequately compensated by damages. In addition to any other remedies to which we are entitled, you consent to court ordered injunctive relief, specific performance and other equitable remedies to enforce these terms without our posting any security.
- Notice. Notice will be given by email. We will both acknowledge receipt of all email notices on a timely basis, provided that unless expressly stated otherwise, any such acknowledgement shall be WITHOUT agreement or prejudice.
- Further Assurances. Both parties will do all such things and execute and deliver all such documents reasonably requested by the other to give effect to these terms including without limitation any assignments, consents, transfers or waivers that may be required to perfect our intellectual property rights.