AUTHORIZED RESELLER POLICY
Effective Date: 7/8/22
Revision Date: 11/2/22
Swift Response, LLC, d/b/a Flex Seal Family of Products (hereinafter collectively referred to as “Swift”) takes seriously its responsibility to protect its trademarks and brand from practices that may harm, diminish, or dilute its brand or cause consumer confusion. To that end, effective immediately, Swift is implementing this Reseller Policy (“Policy”), which applies to each person, firm, or entity (as applicable, a “Reseller”) that purchases Swift’s products (the “Products”) for resale or other distribution. Any Reseller that violates this Policy is and will be deemed an “Unauthorized Reseller.”
This Policy does not constitute an agreement between Swift and any Reseller, and Swift is not seeking a response from any Reseller. However, Swift reserves the right to revoke the authorized reseller status of, or to cancel all orders, or suspend and/or indefinitely terminate any supply relationship with, any Reseller that Swift determines has failed to comply with this Policy, in each case, without limiting any other rights or remedies available to Swift as a result of such failure. This Policy is non-negotiable.
Unauthorized Resellers (including, without limitation, any resellers other than Approved Resellers, as defined below) are not authorized to resell Products (online or to otherwise), or to display, copy or otherwise use or exploit any Swift trademarks, copyrights, images, or Product information.
1. Sales on Approved Online Websites Only. Resellers may advertise, sell, distribute, or take orders only via websites owned and operated by their own company. Selling on third party marketplaces (e.g., Amazon, eBay, Walmart, etc.), drop-ship accounts (e.g., Buy.com, Jet.com, Newegg, etc.) or classified sites (e.g., Craigslist, Facebook Marketplace, etc.) is strictly prohibited without Swift’s express written consent.
2. Authorized Resales. Resellers must purchase and resell Products only to (a) to end users of Products for personal use, or (b) those persons or entities who/which (as preapproved in each case by an authorized representative of Swift) intend to re-sell such Products only to end users of Products for personal use (“Approved Resellers”). If a Reseller sells Products to a Reseller that is not an Approved Reseller, then without limiting Swift’s rights, the Reseller must immediately notify Swift and disclose the details of those transactions, including the nature and quantity of Products sold and when and to whom such Products were sold.
3. MAP. Swift maintains a “minimum advertising pricing policy” or “MAPP” or other policy that restricts the minimum price at which the Products may be advertised. The MAP’s Policy Guidelines are on the Swift website (http://www.flexsealproducts.com/pages/terms-and-conditions).
4. Handling and Storage. Resellers must handle and store Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional storage guidelines that may be specified by Swift from time to time.
5. Product Packaging. Resellers must sell the 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 (including, without limitation, to serial numbers, UPC codes, or other identifying information) are not permitted. Reseller may not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Resellers may not alter or remove any trademarks, proprietary notices or warning labels included in, on, or in connection with, the Products. Without limiting the generality of this Section, Resellers must sell Products only under UPCs or GTINs provided by Swift, and use of any other UPCs or GTINs is strictly prohibited.
6. Support of Manufacturer’s Warranty. Resellers other than Unauthorized Resellers may extend to any proper purchaser of Products the original manufacturer’s warranty in accordance with its terms. Resellers may not modify or alter the original manufacturer’s warranty, represent, or characterize the original manufacturer’s warranty in any misleading manner, or extend their own warranty with respect to Products. Failure to comply with this Policy will result in the total forfeiture of any right to offer Swift’s consumer warranty.
7. Other Information, Documents and Reports. On Swift’s written request, Resellers provide Swift with any supplemental information, documents, or reports that Swift may reasonably request in order to validate Reseller’s compliance with this Policy and/or to support Swift’s warranty or customer support obligations or initiatives.
8. Modifications to this Policy. Swift may at any time modify, suspend, or discontinue this Policy in whole or in part or specify certain periods during which the policy is inapplicable.
9. Questions and Reseller Support. Please direct all questions and concerns about this Policy to firstname.lastname@example.org
RESELLERS WHO FAIL TO COMPLY WITH THE FOREGOING TERMS FORFEIT THE RIGHT TO SELL PRODUCTS.