Authorized Resale Policy
SciatiEase Labs LLC (the “Brand Owner”) hereby
adopts this Resale Policy (this “Policy”) and requires that each
person, firm or entity (as applicable, a “Reseller”) that
purchases Brand Owner’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 Brand
Owner’s intellectual property, including any of its trademarks
or copyrights, or (iii) offer Brand Owner’s consumer warranty
applicable to any of the Products.
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Applicability. This Policy applies to all resales of the
Products. Regardless as to where the Products were acquired,
either directly from the Brand Owner, through an authorized
distributor, or some other procurement method, a Reseller must
comply with the terms of this Policy.
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Sales to End Users Only. Unless otherwise agreed with
Brand Owner 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.
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No Sales on Online Marketplaces. Without the Brand
Owner’s express written consent, Reseller may not advertise or
sell the Products online on any e-commerce platform,
specifically including, but not limited to, Amazon, eBay and
Walmart. Reseller may sell Products on its own website.
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Handling and Storage. Reseller agrees to handle and store
the Products in a safe manner and in compliance with Brand
Owner’s storage and handling guidelines. Reseller will ensure
that any Products it purchased are stored in secure,
climate-controlled warehouses.
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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-Brand Owner Products together with the Products
in a manner that would create the impression that the non-Brand
Owner Products are made by, endorsed by, or associated with
Brand Owner.
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Trademarks; Copyrights. Resellers that comply with this
Policy have a limited, non-exclusive, non-sublicensable,
revocable license to use Brand Owner’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 Brand Owner. 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. Brand Owner reserves the right to revoke
this license at any time for any or no reason.
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Locations / Reporting. Reseller agrees to track the
Products it purchases and to store all such Products at
locations in compliance with this Policy. At Brand Owner’s
request, Reseller will provide Brand Owner 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 Brand Owner to perform an inventory to
confirm the amounts and locations of Products at Reseller’s
stated locations.
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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
Brand Owner.
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Recall and Consumer Safety. To ensure the safety and
well-being of the end users of the Products, Reseller agrees to
cooperate with Brand Owner with respect to any Product recall or
other consumer safety information dissemination efforts.
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Customer Service. Reseller will maintain customer service
phone and email response functions to handle customer
complaints, returns and other customer service functions. At
Brand Owner’s request, Reseller will provide any reports or
other information related to such customer services.
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Product Loss and Theft. If any significant quantity of
Products purchased by Reseller are lost or stolen, Reseller will
promptly report such event to Brand Owner.
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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 Brand Owner or in violation of this Policy,
Reseller must promptly notify Brand Owner.
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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
Brand Owner’s consumer warranty.
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Other Information, Documents and Reports. Reseller must
provide Brand Owner with any supplemental information, documents
and reports that Brand Owner may request in order to validate
Reseller’s compliance with this Policy and to support Brand
Owner’s warranty support and customer support obligations and
initiatives.
RESELLERS WHO FAIL TO COMPLY WITH THE FOREGOING TERMS FORFEIT THE
RIGHT TO SELL THE PRODUCTS.