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How to Refuel After Hiking
Hiking is an awesome workout for the mind and body. Not only do you work up a serious…
What You Need to Know About Plant Protein vs Animal Protein
Lately, more and more people are incorporating plant-based proteins into their diets and decreasing meat consumption. And more…
What to Eat to Stay Mentally Sharp with Age
Like all of the body’s organs, the brain undergoes physiological changes with age. Genetics, health habits, and environmental…
How a Healthy Diet Can Help You Avoid Type 2 Diabetes
Type 2 diabetes is a growing concern for aging Americans. In 2015, an estimated 30.3 million Americans (roughly…
Feeling Tired as You Age? Your Diet Could Be the Reason
Food is fuel, so if you’re feeling tired most of the time, your diet could be part of…
How You Can Reverse Your Type 2 Diabetes Using Nutrition
An estimated 30.3 million of Americans (roughly 9.4%) suffer from diabetes, and many more are living with the…
What to Eat for Sustained Energy With Age
As you grow older, it’s not uncommon to notice your energy levels start to decrease. Various medications and…
The Low Glycemic Index Sweetener You Need to Know
Have you ever heard of thaumatin? If not, then read on to learn about this natural low glycemic…
How to Maintain a Heart Healthy Diet on the Go
Whether you travel often for work, or have your hands full taking care of kids or grandkids, making…
Vitamin D: Strong Bones and Beyond
Vitamin D is a fat-soluble vitamin obtained from sun exposure, certain foods and supplements. When most people think…
How to Reduce Your Risk of Heart Disease with Diet
Coronary heart disease (CHD) is the most common type of cardiovascular disease in the United States. Even more…
What Are MCTs and How Can They Benefit Your Life?
Have you seen the letters MCT floating around the internet or on food labels at the grocery store…
Everything You Need to Know About Matcha And Its Health Benefits
As you probably know from your Instagram feed flooded with green frothy lattes and tea-flavored ice cream, matcha…
What is Maca and What Health Benefits Does It Have?
Maca, a food once specific to a small area in the Andes mountains, has hit the mainstream. But…
Pea vs Soy Protein: Which Protein is Right for You?
If you’re looking for a plant-based protein powder to add to your diet, you may be overwhelmed by…
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Reseller Agreement
By checking “I have read and agree to the Nuzest USA terms of service” you are confirming that “you” the entity submitting the wholesale application agrees to the terms of service below:
- Appointment as Authorized Reseller. We appoint You as a nonexclusive authorized reseller of Our goods. Both parties agree that You are an independent contractor; You are not, and agree not to market Your company as, Our agent, partner, franchisee, joint venturer, or employee.
- No Online Sales; No Sales Outside U.S. and Canada. You are not authorized to sell Our goods online without Our express written consent. Further, you agree not to sell any of Our goods to customers that are outside of the U.S. or Canada.
- Reseller Price List; Minimum Advertised Price Policy:3.1. Reseller Price List. We will also provide You with a reseller price list, which will outline the price of the goods We sell to You. We reserve the right to adjust prices in the reseller price list from time to time, except that We agree to maintain prices for a minimum period of three months from date we provide such list to You.3.2. Minimum Advertised Price (MAP) Policy. We have established a MAP policy in order to preserve our strong reputation for providing customers with high value products and valued after sales support. Unless otherwise agreed to by Us in writing, all of Our online resellers agree to not advertise any of Our goods at a price that is lower than the price on Our MAP retail price list. This MAP policy applies to all advertising in any and all media, including (among others) flyers, posters, coupons, mailers, inserts, newspapers, magazines, internet or similar electronic media, television, radio, or other public signage. It will not be a violation of this policy to generally advertise “the lowest prices,” “call for price,” “email for price,” or similar language, so long as no price is listed. This MAP policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within Your retail location or over the telephone. We recognize that any authorized reseller of Our goods can make its own decision to advertise and sell Our goods at any price it chooses without consulting or advising Us. We similarly have the right to make Our own independent decision regarding who We authorize to resell Our goods. We will not do business with any reseller who violates any obligation under this MAP policy.
- Reseller Marketing Responsibilities. You agree to market Our goods vigorously; to provide a competent, adequate, aggressive sales organization; and to actively and professionally promote the goods to the best of Your ability. You will not expand or alter any warranties or representations We make to end users, or assume or create any other obligations on Our behalf.
- Reseller’s End-User Customers. You represent, and We are relying on Your representation, that You will obtain goods only for Your own accounts, and offer for sale and deliver Products only to end users. You have no right to, and agree not to, create any additional or indirect locations, dealers, distributors, or to transfer the goods to any third party for remarketing and sales.
- Payment; Shipping; Late Payment Fees. Unless otherwise agreed in writing, You must pay in full before We are obligated to ship any goods. You agree to reimburse Us for any costs incurred as a result of dishonoured checks or credit card transactions. We will make reasonable efforts to supply You with Our goods as expeditiously as possible, but we have no obligation and We do not accept responsibility for damages resulting from any failure to deliver Our goods within defined time frames requested by You.
- Acceptance of Goods. You are responsible to check the contents of all deliveries to verify that the contents are in satisfactory condition. Unless notified within 24 hours of deliver, We accept no responsibility for any goods that may be damaged or otherwise unfit for sale.
- Ownership of Goods. We retain all ownership of the goods until You have paid all outstanding invoices for such goods. You agree that We have the right to retake possession of Our goods and to keep and resell such goods. You agree to reimburse Us for all costs incurred in order to retake possession of Our goods.
- Limited License to Use Our Marketing Materials. Subject to this Agreement, We grant to You the limited,non-exclusive right to use, during the term of this Agreement and as for so long as the You sell Our goods,the trademarks, trade names, and other intellectual property associated with Our goods for the sole purpose of marketing Our goods. Except as expressly provided in this Agreement, neither party will acquire any rights or interest in the other party’s trademarks, trade names, trade dress or other intellectual property. We reserve the right to approve the substance and form of any and all uses of Our trademarks, trade names, and other intellectual property.
- Indemnification. You will indemnify, defend and hold Us, Our officers, affiliates, subsidiaries, agents and employees harmless from and against any third-party claims, actions, liabilities, losses and expenses(including reasonable attorney fees) arising out of, or related to, Your negligence or willful misconduct.
- Choice of Law and Venue. The laws of the state of Washington will govern any dispute arising under or relating to this Agreement. The parties submit to the jurisdiction of the state of Washington and federal courts for or in Seattle, King County, Washington, and agree that any legal action or proceeding relating to this Agreement may be brought in those courts.
- Sever ability. This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying the provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
- Binding Agreement. This Agreement is binding on the transferees, successors, assigns, and legal representatives of both parties.
- Counterparts. This Agreement may be executed in any number of counterparts, each of which is enforceable against the parties actually executing such parts, and all of which together constitute one instrument.