POWER PROBE Authorized Reseller Policy User Guide
- June 3, 2024
- POWER PROBE
Table of Contents
Authorized Reseller Policy
User Guide
Authorized Reseller Policy
Effective Date: November 1, 2022
This Power Probe Authorized Reseller Policy (“Reseller Policy”) is issued by
Power Probe Group, Inc. (“Company”). By purchasing Products, you agree to
adhere to the following terms and conditions. Until such status is otherwise
revoked by Company in its sole and absolute discretion, Reseller shall be
considered an “Authorized Reseller.” Company may review Reseller’s activities
for compliance with this Reseller Policy, and Reseller agrees to cooperate
with any such investigation, including, but not limited to, permitting Company
to inspect Reseller’s facilities and records related to the sale of Products.
Authorized Customers.
(a) Reseller may sell Products solely to Authorized Third-Party Resellers or
End Users.
(b) An “Authorized Third-Party Reseller” is an individual or business entity
that: (i) purchases Products from Reseller and resells the Products as part of
a commercial enterprise; (ii) has received and agrees to adhere to the Power
Probe Company Authorized Third-Party Reseller Policy; and (iii) has not had
its Authorized Third-Party Reseller status revoked by Company.
(c) An “End User” is any purchaser of Products who is the ultimate consumer of
the Products and does not intend to resell the Products to any third party.
(d) If any customer or prospective customer of Reseller that seeks to purchase
Products for resale is not yet an Authorized Third-Party Reseller, Reseller
shall immediately provide the Power Probe Authorized Third-Party Reseller
Policy to such customer or prospective customer. If such customer or
prospective customer accepts the terms in the Power Probe Authorized Third-
Party Reseller Policy, Reseller may thereafter sell Products to such customer,
which shall thereafter be an Authorized Third-Party Reseller unless and until
Company revokes such status. Authorized Third-Party Resellers are determined
by Company in its sole discretion.
(e) Reseller shall distribute policies, updates to policies, product
information, educational materials, and other information to its Authorized
Third-Party Reseller customers as requested by Company from time to time.
(f) Reseller shall cease or suspend sales to any customer promptly upon
Company’s request.
Notwithstanding Sections 2(b) and 2(d), Reseller shall not sell Products to or
through any entity that operates an online marketplace, including, without
limitation, Amazon.com, Ebay.com,
Walmart.com, or Jet.com, without the
prior written consent of Company.
Online Sales.
Reseller is authorized to advertise and sell Products only through Permissible
Public Websites and Permissible Non-Public Websites (collectively,
“Permissible Websites”) in accordance with the terms herein.
(a) A “Permissible Public Website” is a website or mobile application
that:
(g) is operated by Reseller in Reseller’s legal name or registered fictitious
name provided in advance to Company;
(ii) conspicuously states Reseller’s legal name or registered fictitious name,
mailing address, telephone number, and email address;
(iii) does not give the appearance that it is operated by Company or any third
party; and
(iv) is operated in compliance with the terms and conditions set forth in the
Online Sales Guidelines, attached hereto as Exhibit A, as Company may amend
from time to time.
(b) A “Permissible Non-Public Website” is a website or mobile application
that:
(i) is operated by Reseller in Reseller’s legal name or registered fictitious
name provided in advance to Company;
(ii) conspicuously states Reseller’s legal name or registered fictitious name,
mailing address, telephone number, and email address;
(iii) does not give the appearance that it is operated by Company or any third
party;
(iv) is primarily used to facilitate orders from Authorized Third-Party
Resellers; and
(v) does not display Product pricing information in a manner that can be
viewed without registering for an account and logging in.
(c) Reseller shall not advertise or sell Products on or through any website,
online marketplace, mobile application, or other online forum other than a
Permissible Website without the prior written consent of Company. Sales on
third party marketplace websites such as Amazon.com,
eBay.com, Jet.com, or Walmart.com are
strictly prohibited without Company’s prior written consent.
(d) Company reserves the right to terminate, at any time and in its sole
discretion, its approval for Reseller to market and sell Products on the
Permissible Websites, and Reseller must cease all such marketing and sales on
the Permissible Websites immediately upon notice of such termination.
(e) The terms of this Reseller Policy supersede any prior agreement between
Company and Reseller regarding the sale of the Products on or through
websites, mobile applications, and other online forums. Any authorization
previously granted to Reseller by Company to sell the Products on or through a
website, mobile application, or other online forum is hereby revoked.
Quality Controls and Customer Service.
(a) Reseller shall comply with all instructions provided by Company regarding
the storage, handling, shipping, disposal, and other aspects of Products,
including instructions provided on Product labels or set forth in any
applicable Productspecific agreement or policy.
(b) Reseller shall sell Products in their original packaging only. Relabeling,
repackaging (including the separation of bundled Products or the bundling of
Products), and other alterations to Products or their packaging are not
permitted, unless approved in advance by Company.
(c) Reseller shall not remove, translate, or modify the contents of any label
or literature on or accompanying the Products.
(d) Reseller shall not tamper with, deface, or otherwise alter any serial
number, UPC code, or other identifying information on Products or their
packaging.
(e) Reseller shall not represent or advertise any Product as “new” that has
been returned open or repackaged and shows signs of use.
(f) Promptly upon receipt of Products, Reseller shall inspect the Products and
their packaging for any damage, defects, evidence of tampering, or other
nonconformance (“Defect”). If any Defect is present, Reseller must not offer
the Product for sale and must promptly report the Defect to Company.
(g) Reseller shall be familiar with the special features of all Products
marketed for sale and must obtain sufficient Product knowledge to advise
customers on the selection and safe use of the Products, as well as any
applicable warranty, guarantee, or return policy.
(h) Reseller shall be available to respond to customer questions and concerns
both before and after the sale of Products and should endeavor to respond to
customer inquiries promptly.
(i) Reseller shall cooperate with Company with respect to any Product tracking
systems that may be implemented from time to time.
(j) Reseller shall cooperate with Company with respect to any Product recall
or other consumer safety information dissemination efforts.
(k) Reseller shall report to Company any customer complaint or adverse claim
regarding Products of which it becomes aware. Reseller shall assist Company in
investigating such complaints or adverse claims.
(l) Reseller shall cooperate with Company in the investigation and resolution
of any quality or customer service issues related to Reseller’s sale of
Products, including disclosing information regarding Product sources,
shipment, and handling.
(m) Reseller shall conduct its business in a reasonable and ethical manner at
all times, and shall not engage in any deceptive, misleading, or unethical
practices or advertising.
(n) Reseller shall not make any representations or warranties concerning
Products except as authorized by Company.
(o) Reseller shall represent Products in a professional manner and refrain
from any conduct that is or could be detrimental to the reputation of Company.
Modification.
Company reserves the right to update, amend, or modify this Reseller Policy with written or electronic notice. Unless otherwise provided, such amendments will take effect immediately and Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of Company’s intellectual property, or use of any other information or materials provided by Company to Reseller following notice of the amendments will be deemed Reseller’s acceptance of the amendments.
EXHIBIT A POWER PROBE ONLINE SALES GUIDELINES
Reseller’s approval to sell Company Products on Permissible Public Websites is conditioned on adherence to the following terms and conditions:
- A Permissible Public Website must not give the appearance that it is operated by Company or any third party.
- A Permissible Public Websites must feature a professional and visually appealing design that is consistent with and will promote Company’s image and goodwill with the target consumer population.
- Anonymous sales are prohibited. Reseller’s full legal name, or registered fictitious name provided in advance to Company, mailing address, email address, and telephone contact must be stated conspicuously on a Permissible Public Website and must be included with any shipment of Products from a Permissible Public Websites.
- At Company’s request, Reseller will reasonably cooperate in demonstrating and/or providing access to, and copies of, all web pages that comprise the Permissible Public Websites.
- A Permissible Public Websites shall have a mechanism for receiving customer feedback and Reseller shall use reasonable efforts to address all customer feedback and inquiries received in a timely manner. Reseller agrees to provide copies of any information related to customer feedback (including any responses to customers) to Company for review upon request. Reseller agrees to cooperate with Company in the investigation of any negative online review associated with Reseller’s sale of the Products and to use reasonable efforts to resolve any such reviews.
- A Permissible Public Websites shall be in compliance with all applicable privacy, accessibility, and data security laws, regulations and industry standards.
- Reseller shall be responsible for all fulfillment to Reseller’s customers who order Products through Permissible Public Websites, any applicable taxes associated with such purchases of Products, and any returns of Products. Reseller must fulfill orders in a timely manner following receipt of an order.
- Unless separately authorized by Company in writing, Reseller shall not use any third party fulfillment service to store inventory or fulfill orders for the Products. Under no circumstances shall Reseller fulfill orders in any way that results in the shipped Product coming from stock other than Reseller’s.
- In marketing the Products on a Permissible Public Website, Reseller must only use images of Products either supplied by or authorized by Company and shall keep all Product images and descriptions up to date.
- Reseller must have market acceptable delivery times for Products advertised on the Permissible Public Websites.
- A Permissible Public Website must display Company’s official “Authorized Online Seller” logo.
- Reseller must provide exceptional customer service through a Permissible Public Websites including, but not limited to, providing shipping and tracking notifications to customers for any order placed on the Permissible Public Websites.
- Reseller must share point of sale data with Company annually or as otherwise reasonably requested by Company. This data must include customer names, mailing addresses, and sales volume and unit data by SKU.
- Reseller may only offer genuine parts for Company-branded Products through a Permissible Public Websites.