Reseller Policy

AUTHORIZED RESELLER POLICY

Better Planet Brands LLC dba ACURE (hereafter, “ACURE”) is the owner of the ACURE brand. ACURE hereby adopts this Authorized Reseller Policy (this “Policy”) to protect the long-term strength and integrity of its brand and Products.

Effective immediately, only Authorized Resellers may sell ACURE products on online third-party marketplaces, such as Amazon. Authorized Resellers are merchants who are vetted by ACURE for adherence to its quality control standards and who are given written approval to sell ACURE products on online third-party marketplaces (hereafter, “Authorized Resellers”). Any reseller who wishes to sell ACURE products on an online third-party marketplace must obtain prior written
approval from ACURE.

All Authorized Resellers accept and are bound by the terms and conditions of this Policy, which detail the channels and methods in which they are authorized to sell ACURE products. ACURE and its Authorized Resellers are individually a “Party” and together are the “Parties.”

Terms and Conditions

Authorization. Authorized Resellers can advertise and sell ACURE products (the “Product” or “Products”) only through the sales channels for which they are approved for by ACURE. The approved channels may include brick- and-mortar locations, websites, and third-party online marketplaces. Authorized Distributors may also advertise and sell ACURE products to Authorized Resellers.
Online Marketplace Sales. All resellers are prohibited from selling ACURE products on online marketplaces including, but not limited to, Amazon, Walmart, and eBay, unless they obtain written permission from ACURE authorizing them to sell on specific online marketplaces and under specific seller names. ACURE may revoke or amend an Authorized Reseller’s online marketplace authorization by sending notice, and such revocation or amendment shall become effective upon delivery of such notice.
End-Users. ACURE Products are intended for sale to end-users only. Accordingly, Authorized Resellers are permitted to advertise and resell the Products to end-users only. End-users are customers who purchase the Product for their personal use or consumption. Authorized Resellers are prohibited from reselling the Product to third-party resellers or distributors without prior written approval from ACURE.
Geographic Territory. The authorization to advertise and resell the Product is limited to the United States without exclusive rights to any specific territory. Authorized Resellers must obtain prior written approval from ACURE to resell, gift, or export the Product outside the United States. Authorized Resellers must also obtain prior written approval from ACURE to resell Product to a buyer who they know, or reasonably should have known, has the intent
to export the Product outside the United States.
Duration. An Authorized Reseller’s approval to advertise and resell the Product will remain in effect until it is terminated by either Party or when ACURE terminates this Policy, whichever occurs first.
Quality Control. Authorized Resellers acknowledge the importance of upholding the good reputation of ACURE and its Products. Accordingly, Authorized Resellers will comply with all applicable federal, state, and local laws and regulations. Authorized Resellers also agree to adhere to the highest quality control standards in performing their obligations under this Policy, including the following standards established by ACURE:
a. Provide Accurate Information. Authorized Resellers must provide accurate and up-to-date company and contact information including all DBAs, retail locations, and websites where the Product will be sold.
b. Product Storage. Authorized Resellers will store the Product in a facility and transport the Product in a manner that prevents damage to the Product or its packaging.
c. Original Packaging. Authorized Resellers will only sell Products in their original unaltered, undamaged, and sealed packages with all original markings, documents, and identifying information intact. Authorized
Resellers are prohibited from selling Products that are meant to be samples, have original labels replaced, altered, destroyed, or bundles made up of items meant to be sold individually or as part of a larger package; such Products are considered altered and will not qualify for refunds, exchanges, or ACURE’s product warranties.
d. Damaged Product. Authorized Resellers will destroy, at their own expense, Product that ACURE determines is altered, damaged, or does not meet ACURE’s quality standards.
e. No Brand Commingling. Authorized Resellers will not advertise or display the Product with non-ACURE branded products in a manner that creates the impression that the non-ACURE products are made by, endorsed by, or associated with ACURE. Such commingling of brands is likely to cause customer confusion and is prohibited.
f. Bundles and Multipacks. Authorized Resellers will not create, or advertise, bundles or multipacks without prior written authorization from ACURE.
g. Quality Control Audit. ACURE may conduct quality control audits of its Authorized Resellers’ advertising, promotional materials, product images, and any documents related to the marketing and advertising of the Product to determine whether the use of the
standards, specifications, and directions approved by ACURE. When requested, Authorized
provide ACURE with samples of advertising, promotional materials, product images, and any documents for review.
h. Product Recall. If Product recall is necessary, Authorized Resellers will cooperate with ACURE to conduct the recall.
i. Drop Shipping. Order fulfillment by drop shipping is prohibited without prior written approval from ACURE.
j. Additional Quality Control Standards. ACURE has the right to issue additional quality
to protect its brand’s reputation and ensure the commercial success of its Products.
agree to abide by all additional standards issued by ACURE.
Customer Service. Authorized Resellers will offer customer service in a timely, diligent, and to customers who purchase the Product. Authorized Resellers will use commercially
customer satisfaction, increase customer loyalty, and preserve customer trust in the ACURE brand.
Intellectual Property. ACURE owns all proprietary rights in and to the ACURE brand,
trademarks, service marks, trade dress, copyrights, patents, and any other intellectual
Products (“Intellectual Property”). ACURE grants its Authorized Resellers a limited, non-transferable, revocable license to use ACURE’s Intellectual Property for the purpose of advertising and reselling the Product in a manner consistent with this Policy. The Intellectual Property will not be affixed to, or advertised in connection with, any goods or services other than the Product. All goodwill arising from the Authorized Resellers’ use of the Intellectual
Property shall inure solely to the benefit of ACURE. Authorized Resellers agree to cease all use of the Intellectual Property upon their termination as an Authorized Reseller. This limited license is granted only to ACURE’s Authorized Resellers.
Advertising By ACURE. Nothing in this Policy limits ACURE’s right to market, advertise, and sell the Product. All decisions regarding the advertising medium or content will remain at the sole discretion of ACURE.
Product Warranties. ACURE warrants the Products to be free from defects in material and
warrants that customers who purchase directly from ACURE, or its Authorized Resellers, will receive unexpired Product that are safe to use when used according to the directions printed on the label. ACURE also warrants that the products sold by ACURE and its Authorized Resellers comply with all product safety regulations and appropriate labeling requirements promulgated by the United States Food and Drug Administration, including the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, the Modernization of Cosmetics Regulation Act, and any other applicable product safety law. Further, ACURE warrants that the Products sold by its Authorized Resellers conform to its quality control specifications. Such warranties extend only to Products sold
by ACURE and its Authorized Resellers who are subject to ACURE’s quality control standards. ACURE WARRANTIES DO NOT EXTEND TO PRODUCTS OBTAINED AND SOLD BY UNAUTHORIZED RESELLERS OR TO PRODUCTS WHICH ACURE CONSIDERS ALTERED.
WARRANTY DISCLAIMER. THE EXPRESS WARRANTIES SET FORTH IN THIS POLICY ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. ACURE HEREBY SPECIFICALLY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NONINFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Notice of Minimum Advertised Price Policy. ACURE maintains a Minimum Advertised Price Policy that applies to all ACURE products. This section is intended to only give notice of the policy to its Authorized Resellers. It does not constitute consideration for any agreement between ACURE and any other party nor a separate agreement regarding the final price that resellers will charge their customers. The Minimum Advertised Price Policy is a unilateral policy and not subject to agreement by any reseller.
Additional Terms and Conditions. Authorized Resellers agree to comply with the additional terms and conditions set forth by ACURE from time to time, which may be changed by ACURE in its sole discretion.

ACURE reserves the right to update, amend, modify, or terminate this Authorized Reseller Policy at any time. Unless otherwise provided, such changes will take effect immediately, and a reseller’s continued use, advertising, offering for sale, or sale of the products will be deemed the reseller’s acceptance of the changes.

If ACURE determines that a reseller is in violation of this Policy, ACURE may take any and all appropriate legal actions, including, but not limited to, refusing to accept orders from the reseller or instructing its distributors to refuse orders from the reseller.

Any questions regarding this Policy must be emailed to: brandprotection@acure.com