This Plus EV Holdings, Inc. Authorized Reseller Policy (the “Policy”) applies to all Authorized Resellers (“Resellers”) of Plus EV Holdings, Inc. (dba) Treat My Feet products (the “Products”). The Policy is effective immediately. By purchasing Products from Treat My Feet for retail sale, you (“Reseller”) agree to adhere to the following terms and conditions.
Manner of Sale. Reseller is authorized to offer Products purchased from Treat My Feet for retail sale in accordance with the terms herein. Sales in violation of these Terms are strictly prohibited and may result in Treat My Feet’s immediate revocation of Reseller’s status as an Authorized Reseller, in addition to other remedies. Products sold to unauthorized persons or through unauthorized channels, including unauthorized Internet sites, shall not be eligible for certain Treat My Feet promotions, services, and/or benefits, including, unless prohibited by law, coverage under any Treat My Feet Product guarantees.
Reseller shall sell Products solely to end users of the Products. Reseller shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use.
Reseller shall not shall not sell, ship, invoice, or promote the Products outside the United States without obtaining Treat My Feet’s prior written consent.
Reseller shall not sell or transfer any of the Products to any person or entity for re-sale without the prior written consent of Treat My Feet. This includes sales to B2B accounts, wholesalers, freight forwarders/drop shippers for other Resellers, or any other person or entity Reseller knows or has reason to know intends to re-sell the Products.
Reseller shall not market or offer for sale the Products on any website or fulfill Reseller’s sales of Products through any website without the prior written consent of Treat My Feet, which is granted solely through execution by Treat My Feet of the Authorized Online Reseller Agreement. Execution by Treat My Feet of the Authorized Online Reseller Agreement constitutes the only means of providing consent to Reseller to sell Treat My Feet Products online. No Treat My Feet employee or agent may authorize online sales through oral statements, other written agreement, or by any other means. Selling on or through third-party marketplace sites (e.g., eBay, Amazon, Walmart Marketplace, Sears Marketplace), drop-ship accounts (e.g., Rakuten.com, Newegg.com, Overstock.com, Jet.com), classified sites (e.g., Craigslist.com, Facebook Marketplace), or via social media or Internet forums is strictly prohibited without the prior written consent of Treat My Feet.
Product Inspection. Reseller shall inspect Products upon receipt and during storage for damage, defect, evidence of tampering, or other non-conformance. Reseller must also confirm that product seals have not been broken. If any defect is identified, Reseller must not offer the Product for sale and must report the defect to Treat My Feet at email@example.com. Furthermore, Reseller shall inspect inventory regularly for expired or soon-to-be expired Products and shall remove those Products from inventory. Reseller shall not sell expired Products.
Product Storage and Handling. Reseller shall store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional storage guidelines specified by Treat My Feet.
Alterations Prohibited. Reseller shall sell Products in their original packaging, with all seals intact. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations to the Products or their packaging is prohibited. Reseller is prohibited from tampering with, defacing, or otherwise altering serial numbers, UPC codes, lot or batch codes, or other identifying information on Products or packaging. Removing, translating, or modifying the contents of any label or literature on or accompanying the Products is also prohibited.
Recall and Consumer Safety. To ensure the safety and well-being of the end-users of the Products, Reseller shall communicate all safety information to consumers and to cooperate with Treat My Feet with respect to any Product recall.
Customer Service. Reseller must be able to accurately describe, demonstrate, and sell each Product kept in inventory and to advise end-user customers on how to use the Products safely and properly. Reseller must be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly. Reseller must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of Treat My Feet.
Consumer Confusion. Reseller is prohibited from advertising, marketing, displaying, or demonstrating non-Treat My Feet products together with Treat My Feet Products in a manner that would create the impression that the non-Treat My Feet products are made by, endorsed by, or associated with Treat My Feet.
Compliance with Applicable Laws. Reseller shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale and marketing of the Products.
Use of Treat My Feet Intellectual Property. Treat My Feet owns all proprietary rights in and to the Treat My Feet brand, name, logo, trademarks, service marks, trade dress, patents, copyrights, and other intellectual property (the “Treat My Feet Trademarks”). Reseller is granted a limited, non-exclusive, non-transferable, revocable license to use the Treat My Feet Trademarks solely for purposes of marketing and selling the Products as set forth herein, and this license shall cease immediately upon termination of Reseller’s status as an Authorized Reseller. Treat My Feet may review, approve, and/or reject, in its sole discretion, a Reseller’s use of the Treat My Feet Trademarks at any time. All goodwill arising from Reseller’s use of the Treat My Feet IP shall inure solely to the benefit of Treat My Feet.
Termination. If a Reseller violates any of these Terms, Treat My Feet reserves the right to terminate Reseller’s status as an Authorized Reseller in addition to all other available remedies. Upon termination of Reseller’s status, Reseller shall immediately cease selling the Products, representing itself as an Authorized Reseller of Treat My Feet Products, and all use of anything that may give the impression that Reseller is an Authorized Reseller of Treat My Feet Products or has any affiliation whatsoever with Treat My Feet.
Availability of Injunctive Relief. If there is a breach or threatened breach of paragraphs 1 through 10 of this Policy, it is agreed and understood that Treat My Feet shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in this Policy of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Policy. No failure, refusal, neglect, delay, waiver, forbearance, or omission by Treat My Feet to exercise any right(s) herein or to insist upon full compliance by Reseller with Reseller’s obligations herein shall constitute a waiver of any provision or otherwise limit Treat My Feet’s right to fully enforce any or all provisions and parts thereof.
WARRANTY DISCLAIMER. Treat My Feet DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. Treat My Feet SHALL NOT BE LIABLE TO RESELLER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS.
Modification. Treat My Feet reserves the right to update, amend, or modify this Policy at any time.
Miscellaneous. This Policy and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri, without regard to its choice of law rules. In the event of a dispute over the terms or performance under the Policy, Reseller expressly submits to personal jurisdiction and venue in the federal or state courts in Missouri. If any provision of the Policy is held contrary to law, the remaining provisions shall remain valid.
Treat My Feet has a Unilateral Minimum Resale Price Policy (“UMRP Policy”) that applies to all resellers of Treat My Feet Products located within the United States. This paragraph is intended to inform you of the UMRP Policy. It does not constitute consideration for any agreement between you and Treat My Feet, and does not separately constitute an agreement between you and Treat My Feet regarding the price you will charge your customers for the Products. Treat My Feet does not seek, nor will it accept, from Reseller any assurance of compliance with the UMRP Policy.