RESELLER POLICY
Petsport Authorized Reseller Policy
Effective Date: 06/01/2024 Revision Date: 10/1/24
Petsport USA, Inc. (Petsport) sells its Products only through authorized distribution channels. Petsport has implemented an authorized reseller policy (the “Policy”) to address online reselling of Petsport’s Products. Petsport hereby adopts this Policy and requires that each person, firm or entity (as applicable, a “Authorized Reseller”) that purchases Petsport’s Products for resale or distribution in the United States to comply with this Policy. Any reseller that fails to comply with this Policy will be deemed an unauthorized reseller of the Products and shall have no rights to sell the Products or use our trademarks and intellectual property.
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To qualify and remain a Petsport USA Authorized Reseller, your business must adhere to this Petsport Authorized Reseller Policy at all times.
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1. Maintain Current Business Information & Disclose All Locations That Carry Petsport
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Maintain accurate and up-to-date company information and disclose all retail locations that carry Petsport throughout the term of your reseller relationship with Petsport.
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Qualifying retail locations can only be one of the following: your physical brick & mortar store(s), your commerce-enabled website(s), or temporary storefronts (events, trade shows, pop up stores, etc.).
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2. Sell on Approved Retail Website(s) Only
Selling on third-party internet marketplaces (eBay, Amazon, Alibaba, Walmart, Target, etc.), drop-ship accounts (Buy.com, Newegg.com, Jet.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums is strictly prohibited unless you obtain written approval from Petsport. The terms of this Reseller Policy supersede any prior agreement between Petsport and any Retailer or Authorized Reseller regarding the sale of Petsport Products. Any authorization previously granted to any Retailer or Authorized Reseller by Petsport to sell Products online is hereby revoked.
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3. Report Sell-Thru
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Provide sell-thru information by SKU and approved retail location upon request. Petsport reserves the right to perform an audit of financial statements pertaining to Petsport sales or the business operations (conduct) to ensure compliance with this policy.
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4. Petsport Trademark, Brand and Intellectual Property Policy
Petsport grants you a non-exclusive, non-transferable, revocable, limited license to use Petsport trademarks, trade names, service marks, logos, and trade dress separately authorizing in writing by Petsport ( collectively for this Agreement Policy, (“Petsport IP”) solely for purposes of performing marketing under this Agreement Policy on your Authorized websites; provided, however, Petsport may review and approve your intended or current use of such Petsport IP at any time, without limitation. You acknowledge that you own no right, title or interest in any of the Petsport IP except as granted herein.
This license shall be revoked immediately upon termination of this Agreement Policy. Your use of Petsport IP shall be in conformance with any guidelines that may be provided by Petsport and must be commercially reasonable as to the size, placement, and other manners of use. All goodwill arising from your use of Petsport IP shall inure solely to the benefit of Petsport.
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Must comply with Petsport Trademark & Brand Policy and represent yourself as a Petsport Authorized Reseller.
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Setting up businesses, registering domain names, or social media usernames that contain any of Petsport’s trademarks is strictly prohibited. To ensure compliance with Petsport’s Authorized Reseller Policy, you must only use approved marketing materials for all Petsport products.
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5. Petsport’s Minimum Advertised Price Policy
Ensure you understand and abide by Petsport’s MAP Policy. The MAP Policy is a unilateral policy and not subject to agreement by any Authorized Reseller. You can read the Policy in its entirety HERE.
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6. Sell to Customer Within an Assigned Geographic Territory Only
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Authorized Resellers can advertise and sell Petsport products in the United States without exclusive right to any specific territory. You must obtain written approval from Petsport to advertise and resell Petsport products outside the United States.
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7. Sell to Retail Consumers Only
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You may not sell in bulk to B2B accounts, wholesalers, or freight forwarders/drop-shippers for other retailers. Sell to your end consumers only.
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8. Only Purchase Petsport Products Directly from Assigned & Authorized Distributor
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Do not buy Petsport products from other retailers, or from other sources unless you receive written approval from Petsport.
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9. Petsport Quality Control Standards
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Authorized Resellers must adhere to the highest quality control standards in performing their obligations under this Policy, including the following:
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a. Only Sell Petsport Products in Original Packaging
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Do not alter original Petsport packaging in any way prior to reselling Petsport products. Removing Petsport products from packaging and reselling in different packaging or under a different name is strictly prohibited. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging is further prohibited.
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b. Product Storage
Store Petsport products in secure facilities and in a manner that prevents damage to the Product or its packaging.
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c. Damaged Product
Authorized Resellers will destroy, at their own expense, products that Petsport determines are altered, damaged, or does not meet Petsport’s quality standards.
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d. Bundles and Multipacks
Authorized Resellers are prohibited from creating and selling bundles or multipacks unless they obtain prior written approval from Petsport.
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e. No Brand Commingling
Authorized Resellers will not advertise or display products with non-Petsport products in a manner that creates the impression that the non-Petsport products are made by, endorsed by, or associated with Petsport.
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f. Customer Service
Authorized Resellers will offer customer service in a timely and professional manner to customers who purchase Petsport products from them. Authorized Resellers will use commercially reasonable efforts to ensure customer satisfaction, increase customer loyalty, and preserve customer trust in the Petsport brand.
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g. Additional Quality Control Requirements
Petsport has the right to issue additional quality control requirements to protect its reputation and ensure the commercial success of its products. All Authorized Resellers must abide by all additional quality standards issued by Petsport.
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10. Use Petsport Supplied Core Product Data in Feeds
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Must be able to use the standard set of Petsport supplied data in product data feeds that you distribute to 3rd party advertising venues unless prior written permission is obtained from Petsport.
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11. Confidentiality
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Petsport and Reseller each agree and undertake that during the term of this Agreement and thereafter it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other disclose to any third party, any information of a confidential nature (including, without limitation, the terms and conditions of this Agreement, and any information relating to the other party's products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets, wholesale pricing information, and other information of commercial value) which may become known to a party from the other party (“Confidential Information”), unless the information (i) is public knowledge or already known to that party at the time of disclosure or (ii) subsequently becomes public knowledge other than by breach of this Agreement or (iii) subsequently comes lawfully into the possession of that party from a third party. To the extent necessary to implement the provisions of this Agreement, each party may disclose Confidential Information to those of its employees as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those employees aware of its obligations of confidentiality under this Agreement and shall at all times procure compliance by those employees with them.
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12. Petsport Product Warranty
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Petsport warrants the Products to be free from defects in material and workmanship. Petsport warrants that customers who purchase directly from Petsport, or from its Authorized Resellers, will receive products that are safe when used according to product specifications. Further, Petsport warrants that the Products sold by its Authorized Resellers conform to Petsport’s quality control standards. Such warranties extend only to Products sold by Petsport and its Authorized Resellers who are subject to Petsport’s quality control standards. PETSPORT WARRANTIES DO NOT EXTEND TO PRODUCTS OBTAINED AND SOLD BY UNAUTHORIZED RESELLERS OR TO PRODUCTS WHICH PETSPORT CONSIDERS ALTERED.
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13. Obey the Law, Abide by Policy Rules & Serve Customer Needs
Any Retailer or Authorized Reseller that engages in any deceptive, misleading, or unethical practices or advertising at any time may be barred from purchasing or selling Petsport Products. Authorized Resellers are prohibited from making any warranties or representations concerning the Products except as expressly authorized by Petsport. Authorized Resellers must, at all times, comply with all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products. Authorized Resellers will, at all times, represent Petsport Products in a professional manner. Authorized Resellers are responsible for obtaining and keeping current on all licenses or other filings related to doing business. Any violation of law or other conduct that Petsport, in its sole discretion, deems to be detrimental to the reputation of Petsport or the Petsport brand may be cause for immediate removal of the Authorized Reseller designation. Authorized Resellers shall cooperate with Petsport in the event of any investigation of safety claims or recalls.
Failure to comply with all of the terms in Petsport’s Authorized Reseller Policy will result in suspension or termination of your account. Upon revocation or termination, Authorized Resellers shall immediately cease the resale of Products.
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14. Unauthorized Sellers
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Resellers who are found to be unauthorized shall be in violation of this Policy. Petsport reserves the right to take enforcement action against the unauthorized resale of its Products.