EasyCare®
Authorized Resale Policy

McGrayel Company, Inc., dba EasyCare Products (“EasyCare Products”) hereby adopts this Authorized Resale Policy (this “Policy”) and requires that each person, firm or entity (as applicable, a “Reseller”) that purchases any EasyCare 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, or (ii) use EasyCare Product’s intellectual property, including any of its trademarks or copyrights.

1. Sales to End Users Only. Unless otherwise agreed to by EasyCare Products in writing, Reseller may only purchase Products for resale to end user customers, and Reseller may not resell Products to other Resellers, distributors or for further distribution in any manner.

2. Purchase from Approved Sources. Reseller shall only purchase the Products from approved sources such as EasyCare Products or one of its authorized distributors. Reseller shall not purchase the Products from any seller that is selling in violation of this Policy.

3. Sales on Online Marketplaces. With EasyCare Products’s express written consent, which may be revoked at any time in EasyCare Products’s discretion, Reseller may sell on its own website and third-party ecommerce platforms, such as Amazon. Authorization to sell on such sites shall be automatically revoked if Reseller fails to comply with this Policy.

4. Handling and Storage. Reseller agrees to handle and store the Products in a safe manner, and Reseller will ensure that any Products it purchases are stored in secure, dry, climate-controlled warehouses or storage facilities, free of any debris, pests or flammable materials. Products shall be stored away from sunlight, and in no event shall Reseller store any Products in areas where temperatures may exceed 110 degrees Fahrenheit.

5. Customer Service. Reseller will maintain customer service phone and email response functions to handle customer complaints, returns and other transaction issues; provided, however, Reseller shall direct any Product related complaints to EasyCare Products. At EasyCare Products’s request, Reseller will provide any reports or other information related to such customer services. Reseller shall be knowledgeable about the Products in order to better address customer complaints.

6. Recall and Consumer Safety. To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with EasyCare Products with respect to any Product recall or other consumer safety information dissemination efforts. Certain Products come with Safety Data Sheets, which Reseller is responsible for reviewing and understanding to ensure Products are sold in safe manner to consumers. Safety Data Sheets can be obtained by emailing admin@easycarewater.com.

7. MAP Policy. EasyCare Products has implemented a Minimum Advertised Price Policy, a copy of which can be obtained by emailing admin@easycarewater.com. Any Reseller that fails to comply with the Minimum Advertised Price Policy shall be deemed an unauthorized reseller without any authority to sell the Products.

8. Trademarks; Copyrights. Resellers that comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use EasyCare Product’s trademarks and any associated 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. Reseller shall not use any trademark or copyright in any manner that negatively impacts such trademark or copyright or EasyCare Products. 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. EasyCare Products reserves the right to revoke this license at any time for any or no reason.

9. Product Packaging and Display. Reseller shall only sell Products in their original packaging. Relabeling, repackaging, and other alterations to Products or their packaging are not permitted. Tampering with, defacing, covering, or otherwise altering the label, or 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.

10. Amazon Sales. If Reseller is authorized to sell on Amazon, Reseller shall list Products only in connection with the Amazon Standard Identification Number (“ASIN”) established and managed by EasyCare Products for such Product. Reseller shall not create a new ASIN for any Product or duplicate a current ASIN. Reseller shall not make any changes or revisions to any ASIN, including changes or modifications to any pictures, or any changes to listing details, including item weight, item form, product benefits, UPC, safety information, directions, product description, included components, and unit count.

11. Product Inspection. Promptly upon receipt of any Products, Reseller agrees to inspect such products for damage, defects, evidence of tampering, or other non-conformances (a “Defect”). If any Defect is identified, Reseller must not offer such product for sale and must promptly report the Defect to EasyCare Products.

12. No Obligation to Buy Back. Except as may be required by law or separate agreement, under no circumstances shall EasyCare Products have any obligation to repurchase or buyback any Products from Reseller. If Reseller is prohibited from selling due to a violation of this Policy, Reseller is responsible for the destruction of all such Products.

13. Communications. Reseller shall maintain open lines of communication with EasyCare Products to enable EasyCare Products to address any of Reseller’s concerns and to allow EasyCare Products to communicate with Reseller with respect to the products and the policies set forth herein.

RESELLERS THAT FAIL TO COMPLY WITH THE FOREGOING TERMS FORFEIT THE RIGHT TO SELL THE PRODUCTS.

 

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