Canadian Pine Pollen Co. and its subsidiaries and affiliated entities (referred to as "CPP, “we” or “us”) issues this Resale Policy of CPP, which applies to all Authorized Account Holders of CPP and CPP products (“Products”) in their respective country of operation.
By purchasing Products from CPP or an Authorized CPP Distributor, establishing a CPP Resale account, you (“Authorized Account Holder”, “you”, “your”) agree to abide by the terms and conditions herein. Until such status is otherwise revoked by CPP, you shall be considered an “Authorized Resale Account Holder” hereunder.
Any Authorized Resale Account Holder failing to comply with this Resale Policy will face immediate termination of its account, revocation of its Authorized Resale Account Holder status, and/or further legal action. Violations of this Resale Policy may be reported to the CPP corporate headquarters at1-778-839-2617
This version of the Resale Policy is effective as of January 18, 2020 and supersedes all prior versions.
A. Manner of Sale.
Authorized Customers. Authorized Resale Account Holder shall sell Products solely to End Users of the Products. An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to re-sell the Products to any third party. Authorized Resale Account Holder shall sell the Products in unit volumes appropriate for individual use only. Authorized Resale Account Holder shall not sell or transfer any of the Products to any person or entity that Authorized Resale Account Holder knows or has reason to know intends to re-sell the Products.
- Online Sales. Authorized Resale Account Holder is not permitted to market for sale or sell the Products on the Internet without an express written Agreement with CPP allowing such conduct. This prohibition includes, without limitation, third-party-facilitated retail or auction websites such as eBay, Amazon.com, NexTag.com, Jet, Rakuten, Sears Marketplace, PriceGrabber.com, Shopzilla.com, Walmart Marketplace, or Best-Price.com.
- MAP Policy This Section is intended to inform Authorized Resale Account Holder with express written Agreement with CPP allowing online sales. It does not constitute consideration for any agreement regarding the price charged to customers for the Products purchases in retail stores. CPP does not seek, nor will it accept, from Authorized Resale Account Holder any assurance of compliance with the MAP Policy in retail locations.CPP has a unilateral Minimum Advertised Price Policy (“MAP Policy”) that applies to all Authorized Resellers of Products in their prospective country.
Geographic Restrictions. Authorized Resale Account Holder shall not sell, ship, invoice, or promote the Products for export resale, or to anyone Authorized Resale Account Holder knows or has reason to know intends to ship the Products for export outside the country which the Authorized Resale Account Holder has established an Authorized Resale Account, unless it is with the prior written consent of CPP.
Sales Practices. Authorized Resale Account Holder shall conduct its business in a reasonable and ethical manner at all times, whether engaged in the sale of CPP Products or other products, and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the Products except as expressed or authorized by CPP. Authorized Resale Account Holder shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products. Authorized Resale Account Holder must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of CPP. Authorized Resale Account Holder shall be responsible for the actions of its employees, administrators, agents, contractors, or consultants and shall ensure that such personnel comply with the terms herein. Authorized Resale Account Holder agrees to cooperate fully with CPP in any investigation or evaluation of such matters. Authorized Resale Account Holder shall cooperate with CPP in the investigation and resolution of any quality or customer service issues related to Authorized Resale Account Holder’s sale of the Products, including disclosing information regarding Product sources, shipment, and handling.
B. Product Quality and Customer Care.
Product Storage and Handling. Authorized Resale Account Holder shall comply with all instructions provided by CPP regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels.
Product Inspection. Promptly upon receipt of the Products, Authorized Resale Account Holder shall inspect the Products for damage, defect, broken seals, evidence of tampering, or other nonconformance (a “Defect”). If any Defect is identified, Authorized Resale Account Holder must not offer the Product for sale and must promptly report the Defect to CPP at email@example.com. Authorized Resale Account Holder shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory. Authorized Resale Account Holder shall not sell any Products that are expired.
Recall and Consumer Safety. To ensure the safety and well-being of the end users of the Products, Authorized Resale Account Holder shall cooperate with CPP with respect to any Product recall or other consumer safety information dissemination efforts. Authorized Resale Account Holder shall cooperate with CPP with respect to any Product tracking systems implemented by CPP.
- Product Packaging and Display. Authorized Resale Account Holder 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, or other identifying information on Products or their packaging is prohibited. Authorized Resale Account Holder may not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Authorized Resale Account Holder shall not advertise, market, display, or demonstrate non-CPP products together with the Products in a manner that would create the impression that the non-CPP products are made by, endorsed by, or associated with CPP.
Product Knowledge and Customer Consultation. Authorized Resale Account Holder agrees to professionally promote the Products and obtain sufficient knowledge regarding each Product kept in inventory to advise its patients on the selection and safe use of the Products. Authorized Resale Account Holder shall evaluate and consider the nutritional needs of each customer when providing such advice. Authorized Resale Account Holder must be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly. Authorized Resale Account Holder shall report to CPP any customer complaint or adverse claim regarding the Products of which it becomes aware. Authorized Resale Account Holder shall assist CPP in investigating any such complaints or adverse claims.
C. Intellectual Property. Authorized Resale Account Holder is granted a limited, non-exclusive, non-transferable, revocable license to use the CPP brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property associated with the Products (the “CPP IP”) solely for the purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Authorized Resale Account Holder’s status as an Authorized Resale Account Holder. CPP reserves the right to review and approve, in its sole discretion, Authorized Resale Account Holder’s use or intended use of the CPP IP at any time, without limitation. Authorized Resale Account Holder acknowledges that it owns no right, title, or interest in any of the CPP IP except as granted herein.
D. Miscellaneous. CPP reserves the right to audit and/or monitor Authorized Resale Account Holder’s activities for compliance with this Resale Policy, including, but not limited to, inspection of Authorized Resale Account Holder’s facilities and records concerning the Products. If Authorized Resale Account Holder breaches or threatens to breach any provision of this Resale Policy, it is agreed and understood that CPP will have no adequate remedy in money or other damages at law; accordingly, CPP shall be entitled to injunctive relief and other equitable remedies, provided, however, no specification in this Resale Policy of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Resale Policy. No failure, refusal, neglect, delay, waiver, forbearance, or omission by CPP to exercise any right(s) herein or to insist upon full compliance by Authorized Resale Account Holder with Authorized Resale Account Holder’s obligations herein shall constitute a waiver of any provision herein or otherwise limit CPP’ right to fully enforce any or all provisions and parts thereof. If any provision of the Resale Policy is held contrary to law, the remaining provisions shall remain valid. The Resale Policy and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the British Columbia, without regard to its choice of law rules. In the event of a dispute over the terms of, or performance under, the Resale Policy, Authorized Resale Account Holder expressly submits to personal jurisdiction and venue in the federal or state courts located in Milwaukee County, Wisconsin.