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AGREEMENT
1. All invoices are to be paid the date of the invoice.2. Claims arising from invoices must be made within seven working days.3. By applying for and opening an Aperture Pet & Life Account or distributing or selling Covered Products, you hereby agree to the terms of this Reseller Policy, as they may be amended from time to time, and agree to abide by all requirements hereof.4. By submitting this application, you authorize Aperture Pet & Life to make inquiries into business/trade references that you have supplied.
Reseller PolicyAperture Pet & Life (“APL”) is proud of its reputation for high quality products and superior customer service. In order to preserve APL’s continuing ability to provide its customers with the products and service they have come to expect, APL has adopted this Reseller Policy to exercise a greater degree of control over the distribution of selected APL-sourced products (“Covered Products”). This Reseller Policy will protect APL’s brand image and goodwill and enable APL to maintain brands with a Minimum Advertised Price (MAP) policy as well as the Covered Products’ proper market positioning in a manner that both ensures APL’s compliance with terms set by its own suppliers and enhances profit and growth opportunities for all of APL’s wholesale customers.
Aperture Pet & Life, in its sole discretion, reserves the right to terminate the customers account, discontinue doing business with, or take other appropriate action regarding any customer that offers for sale any product covered by and in violation of this Reseller Policy including by an auction process or on an internet site, including without limitation, Yahoo!, eBay, Amazon or any similar provider.
APL reserves the right to modify or cancel this Reseller Policy at any time, without notice.
Covered ProductsThis Reseller Policy applies to the following Covered Products, whether new or used, purchased from APL:
• all products sold under the Aperture Pet & Life owned brand names• all hw Wiegandt products• all Skimz products
APL may, in its sole discretion, modify the list of products subject to this Reseller Policy at any time and without notice. APL has no obligation to inform vendor of such changes and vendor is solely responsible for reviewing policy updates.
Sales of Covered ProductsNo Covered Products, including clearance items or manufacturer close-outs (e.g., discounted styles, opportunity buys) and those with factory defects (e.g., blemishes, factory seconds), may be offered for sale through any medium at a price less than the resell price as set forth by APL.
No Covered Products may be offered on an internet site, including without limitation, Yahoo!, eBay, Amazon or any similar provider, in violation of this policy. The offer of a Covered Product for sale by auction constitutes a violation of this Reseller Policy, regardless of whether the seller has set a reserve price or bidding drives the price higher than the resell price as provided hereby.
Monitoring and ReportingAPL may directly or through third parties or tools engage in monitoring of sales of Covered Products in all channels to verify that the terms of this Reseller Policy are being observed and enforced. All wholesalers and other APL customers must provide reasonable cooperation in any investigation of Reseller Policy compliance. Hindering, obstructing, delaying, or otherwise failing to cooperate with such an investigation constitutes a violation of this Reseller Policy.
EnforcementThis Reseller Policy has been unilaterally adopted by APL and will be strictly enforced by APL, in APL’s sole discretion and without notice. No wholesaler or other customer of APL has any right or authority to enforce this Reseller Policy. Violations of this Reseller Policy may result in the following sanctions, up to and including termination of our business relationship, as well as any other available remedies at law or equity.
When a violation of this Reseller Policy is discovered:
• First violation: APL will issue a written warning to the violator and may, in APL’s sole discretion and without liability under any existing contracts or agreements, cancel any pending orders, restrict future orders, and/or suspend the violator’s account for a period of up to 60 days.• Subsequent violation: APL will issue a written notice of repeat violation and initiate any sanction that APL, in its sole discretion and without liability under any existing contracts, deems appropriate, including without limitation: cancellation of pending orders, restriction of future orders, suspension of the violator’s account indefinitely or for any period of time, and/or termination of the business relationship and the violator’s account.
Order and Annual Minimum RequirementsAPL does not enforce order minimums but does require that wholesale accounts maintain a minimum annual spend of $2,000 from date of account creationBy applying for and opening a APL Wholesale Account or distributing or selling Covered Products, you hereby agree to the terms of this Reseller Policy, as they may be amended from time to time, and agree to abide by all requirements hereof.
Please type your name, title, and date to agree to these terms.
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