Authorized Reseller Policy
Updated as of August 1, 2021
Weiman Products LLC (the “Weiman”) is a specialty cleaning products company offering high-quality and innovative products which are specially formulated to care for dozens of surfaces and clean-up life’s toughest messes. Weiman’s consumer division includes products (together, the “Weiman Products”) under eight well recognized brands -- Weiman, Goo Gone, Magic, Stone Care International, Wright’s, Gonzo Natural Magic, Oops, and Micro- Scientific.
Weiman recognizes the value to consumers of a retail distribution network that stocks, promotes and supports Weiman Products. To ensure that Weiman’s consumers continue to receive a quality sales experience and outstanding customer service and support, Weiman sells the Weiman Products only through authorized distribution channels. To maintain the integrity of the authorized distribution channels, Weiman has implemented an authorized reseller policy (the “Authorized Reseller Policy”) to address online reselling of Weiman Products.
Weiman hereby adopts this Resale Policy (this “Policy”) and requires that each person, firm or entity (as applicable, a “Reseller”) that purchases Weiman’s products (the “Products”) for resale or other distribution agree to comply with this Policy.
Any Reseller that fails to comply with this Policy will be deemed an unauthorized reseller of the Products, and as such, shall have no right to: (i) sell the Products, (ii) use Weiman’s intellectual property, including any of its trademarks or copyrights, or (iii) offer Weiman’s consumer warranty applicable to any of the Products.
- Applicability. This Policy applies to all resales of the Products. Regardless as to where the Products were acquired, either directly from the Weiman, through an authorized distributor, or some other procurement method, a Reseller must comply with the terms of this Policy.
“Resellers” shall include (i) any of Weiman’s direct customers, including distributors (“Direct Customers”); (ii) any retail customer supplied Weiman Products by any Direct Customer and who has entered into an Authorized Retailer Program Agreement with Weiman. No other reseller is authorized to resell Weiman Products.
- Sales to End Users Only. Unless otherwise agreed with Weiman in writing, Reseller may only purchase Products for resale to consumers and end user customers, and Reseller may not resell Products to other Resellers, distributors or for further distribution in any manner.
- No Sales on Online Marketplaces. Reseller may not advertise or offer Weiman Products for sale, directly, indirectly or by referral in any manner, (1) on or through such Reseller’s own proprietary ecommerce site without the express prior written approval of Weiman for each such site; or (2) on or through any third party retail website, online marketplace, drop ship or auction site, or any comparable website or mobile app, or on or through any marketing website affiliated with any such site. Examples of such online marketplaces include amazon.com, eBay.com and jet.com, among others. In addition, Weiman will not accept purchase orders that are to be delivered to residential properties. The activity described above and prohibited by this Reseller Policy is referred to herein as Marketplace Reselling. The Reseller Policy applies to Marketplace Reselling by or for the benefit of a Reseller under any trade name or d/b/a used directly or indirectly by the Reseller or any affiliate or associate of the Reseller (without regard to whether Weiman or any Direct Customer is aware of such trade name usage).
- Handling and Storage. Reseller agrees to handle and store the Products in a safe manner and in compliance with Weiman’s storage and handling guidelines. Reseller will ensure that any Products it purchased are stored in secure, climate-controlled warehouses.
- Product Packaging and Display. Reseller shall sell 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 are not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, SKU or other identifying information on Products or their packaging is prohibited. Reseller may not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Reseller shall not advertise, market, display, or demonstrate non-Weiman Products together with the Products in a manner that would create the impression that the non-Weiman Products are made by, endorsed by, or associated with Weiman.
- Trademarks; Copyrights. Resellers that comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use Weiman’s trademarks and copyrights in connection with the sale of the Products. Reseller shall not alter, modify, or change any trademark or copyright, nor shall Reseller use any trademark or copyright other than for the promotion and sale of the Products, nor shall Reseller use any trademark or copyright in any manner that negatively impacts such trademark or copyright or the Weiman. Failure to comply with the Policy will result in the automatic revocation of the license granted herein and a total forfeiture of the rights granted herein. Weiman reserves the right to revoke this license at any time for any or no reason.
- Locations / Reporting. Reseller agrees to track the Products it purchases and to store all such Products at locations in compliance with this Policy. At Weiman’s request, Reseller will provide Weiman with (a) a list of all storage locations utilized by Reseller, (b) an inventory of Products maintained at each such storage location, and (c) physical access for Weiman to perform an inventory to confirm the amounts and locations of Products at Reseller’s stated locations.
- Product Inspection. Promptly upon receipt of the Products, Reseller agrees to inspect the Products for damage, defects, evidence of tampering, or other non-conformances (a “Defect”). If any Defect is identified, Reseller must not offer the Product for sale and must promptly report the Defect to Weiman.
- Recall and Consumer Safety. To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with Weiman with respect to any Product recall or other consumer safety information dissemination efforts.
- Customer Service. Reseller will maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions. At Weiman’s request, Reseller will provide any reports or other information related to such customer services.
- Product Loss and Theft. If any significant quantity of Products purchased by Reseller are lost or stolen, Reseller will promptly report such event to Weiman.
- Report Unauthorized Resellers. If Reseller has information or reasonably suspects that any person is purchasing and reselling or distributing Products in a manner not authorized by Weiman or in violation of this Policy, Reseller must promptly notify Weiman. If Weiman determines in its sole discretion that there has been a violation of this Reseller Policy and so notifies the Reseller, the Reseller must cease any Marketplace Reselling within two business days of the date the Reseller receives notice from Weiman by removing all offers for Weiman Products on any website as referenced above. If applicable, at its own cost, the Reseller must also retrieve inventory of Weiman Products placed on consignment with any online marketplace and available for Marketplace Reselling. In addition, Weiman may also immediately and without notice (i) deny for a period of up to 90 days any promotional allowances which the Reseller would otherwise have been eligible for; and/or (ii) refuse to accept orders from the Reseller and place the Reseller on the Weiman “Do Not Sell” List for a specified period. Resellers on the “Do Not Sell” list are ineligible to purchase Weiman Products from any Weiman authorized distributor. If any Reseller repeatedly violates the terms of the Reseller Policy, Weiman may suspend promotional allowances, refuse orders and place the Reseller on the “Do Not Sell” list for longer periods or permanently.
- Support of Manufacturer’s Warranty. Reseller may extend to any proper purchaser of the Products the original manufacturer’s warranty in accordance with its terms. Reseller may not modify or alter the original manufacturer’s warranty, represent or characterize the original manufacturer’s warranty in any misleading manner, or extend its own warranty with respect to the Products. Failure to comply with this Policy will result in the total forfeiture of Reseller’s right to offer Weiman’s consumer warranty.
- Other Information, Documents and Reports. Reseller must provide Weiman with any supplemental information, documents and reports that Weiman may request in order to validate Reseller’s compliance with this Policy and to support Weiman’s warranty support and customer support obligations and initiatives.
- Subject to Change. The Reseller Policy is a unilateral policy issued by Weiman and is subject to change at any time in Weiman’s sole discretion.
RESELLERS WHO FAIL TO COMPLY WITH THE FOREGOING TERMS FORFEIT THE RIGHT TO SELL THE PRODUCTS.
* * *