(hereinafter, "Retailer"). Retailer wishes to sell and promote the products offered by the Wholesaler in their store.
Wholesaler and Retailer Responsibilities: Retailer must maintain a current business license certificate (or state equivalent) on file and provide a copy, with Tax ID, to Wholesaler. Retailer must have a functioning URL that is owned by the entity applying for the wholesale account and/or a proof (e.g., a picture and physical address) of a brick and mortar store. Wholesaler will deliver inventory to the Retailer, as agreed. Wholesaler is not involved in the actual transaction between the Retailer and the Customer. Retailer will be responsible for providing exemplary customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. Wholesaler is not the agent of either the Retailer or the Customer.
Representation of Product: Wholesaler retains all rights to all images of products provided and retains the right to prohibit the use of any and all images provided. Retailer may not use any of the images contained within the provided photos for any other purpose other than to gain sales. Retailer may not use any images provided in any other medium than in or on the specified website or store without prior written consent of Wholesaler. Retailer may not alter (e.g., crop, change background colors, add text) provided photos other than to size appropriately for website and marketing materials. Retailer must describe the product in the appropriate category and may not represent the product in other categories or for other uses, without prior authorization from Wholesaler.
Storage of Product: Retailer agrees to store products in a clean, smoke-free location.
Minimum Order Requirements: Wholesaler requires a minimum initial order of $125 with no minimum quantity orders per product. For additional orders, wholesaler requires a minimum order of $100 with no minimum quantity orders per product.
Standard wholesale pricing applies. Orders will not be processed and shipped unless they meet the minimum ordering amount requirements.
Shipping: Wholesale orders are made to order and ship in 10 - 14 business days with USPS shipping. For Larger orders requiring freight shipment via UPS shipping fees will apply.
Web Commerce: No products or goods purchased from or produced by Wholesaler shall be resold by Retailer through any location other than Retailers URL or brick and mortar store, including an online auction (e.g., ebay) or online store (e.g., Amazon) without the express, written authority of the Wholesaler. If retailer resells via 3rd party, wholesaler and retailer relationship will be terminated.
Billing: At this time, the Wholesaler is not extending credit terms. All orders must be accompanied by credit card payment in full. You may order inventory from Wholesaler by credit card or PayPal payment.
Sales and Tax: Retailer agrees that it is the sole responsibility of Retailer to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales of the Wholesaler's products. Retailer further agrees that Wholesaler is not obligated to determine whether a sales tax applies and is not responsible to collect, report or remit any tax information arising from any transaction involving the images or photos provided.
Errors, Returns and Warranty: Order errors and/or defects must be brought to Wholesaler's attention within 48 hours of receipt of shipment by Retailer. Retailer will not send a knowingly defective product to a customer. Wholesale sales are considered final with no returns. We endeavor to protect your reputation, and ours; if you or your customer finds an issue related to manufacturing defects during the first 30 days after sale, we will work with you to find a resolution.
Responsibility: Wholesaler is in no way responsible or liable for the success of the Retailer's website or store, the accuracy, or legality of its content and operation. Further, the Retailer has independently evaluated the desirability of participating in the Wholesaler's Wholesale Program and is not relying on any representation, guarantee or statement other than set forth in this agreement.
Right to Modify: Wholesaler retains the right to modify this agreement at any time. Changes will not be retroactive.
Severability: If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
MAP Pricing: Kevan Christine is focused on maintaining high margins for our Retailer network. In recognition of the investment in time and resources required for our high-quality Retailers to provide the level of customer service and product knowledge expected from our customers, Wholesaler is committed to enforcing policies which allow our resellers to maintain high-profit margins through the sale of our products. Kevan Christine has an established Minimum Advertised Price (MAP) Policy that an Authorized Reseller must follow for the advertising and marketing of Kevan Christine products. All Kevan Christine Authorized Resellers must agree to the terms and conditions of the following MAP Policy.
MAP Policy Guidelines: MAP pricing for all Kevan Christine products can be found on your current price list. All advertised prices must be at or above MAP for all Kevan Christine products if a MAP price has been established by Kevan Christine. Resellers are not required to list prices in advertising. If a price is listed in an advertisement it must be at or above MAP. Other statements such as “call for price” or “call for quote” are acceptable and permitted.
Resellers are also responsible for ensuring their Kevan Christine advertising pricing is at or above MAP on internet search engines. Resellers are free to set the actual resale price of any product as long as it is at or above MAP price given the most recent publication of the price list. Kevan Christine's MAP policy for all Kevan Christine products apply to advertise placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), social media (Instagram, Facebook, Twitter, Pinterest, etc.), internet placements on resellers own website, and any flyers, posters or coupons.
From time to time, Kevan Christine may permit resellers to advertise MAP Products at prices lower than the MAP price. In such events, Kevan Christine reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.
Pricing Statements: Kevan Christine's MAP Policy does allow resellers to omit the price entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”
Free Offers Associated with Kevan Christine Product: Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.
Price Matching Policies: Price matching policies are acceptable. Price matching cannot be used as a valid reason for violations of Kevan Christine’s MAP Policy. The advertised price must always be at MAP or higher.
Failure to Comply with the MAP Policy: At the sole discretion of Kevan Christine, failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of Authorized Reseller status and your ability to purchase all Kevan Christine products both direct as well as through distribution.
Kevan Christine will utilize the following steps to resolve MAP violations:
1. Any and all dealers selling Kevan Christine products which have not signed a Kevan Christine MAP Policy agreement are classified as Unauthorized Resellers.
2. Distributors of Kevan Christine are required to provide a signed MAP agreement from any dealer selling Kevan Christine products. Unauthorized dealers should not be sold to or provided a feed from any distributor whatsoever.
3. Violations from Authorized Resellers will need to be corrected within 24 hours of notification.
4. First Violation: Authorized Reseller’s account will be put on hold temporarily and a written warning will be provided. MAP violations must be corrected within 24 hours. Upon correction and following 30 days of compliance, the violation will then be cleared.
5. Second Violation: Authorized Reseller’s account will be put on hold for 60 days. After this duration, Kevan Christine will review and determine if the account is to be reinstated.
6. Third Violation: Should Kevan Christine decide to reinstate an Authorized Reseller who has previously demonstrated the second violation, yet violates a third time, the account will be unauthorized indefinitely.
Pricing Changes: Kevan Christine will issue a new price list update when necessary via email. Pricing must be updated immediately upon receipt.
Kevan Christine places great value on the efforts of all resellers to represent our products and support their customers. Our MAP policy is intended to encourage competition for the sale of Kevan Christine products in a manner that is consistent with the long-term interests of our customers. We are sure that you share our commitment to customer satisfaction and as such, we ask that you acknowledge by signing this confirmation agreement.
Thank you for your prompt attention to this matter, and your continued support for Kevan Christine products.