Reseller Program Terms & Conditions
Effective Date: January 1, 2025
By submitting your application to become a Reseller of CheebaPet, Inc. ("CheebaPet") and using the Reseller Account and related services, you ("Reseller") agree to comply with the following Terms and Conditions. These Terms govern your relationship with CheebaPet regarding your participation as a Reseller for sales of CheebaPet products.
1. Enrollment and Approval
1.1 Eligibility: You must provide valid and accurate information, including legal business name, EIN, Sales Tax Permit, location, and contact information.
1.2 Approval: CheebaPet reserves the right to approve or deny any Reseller application at its sole discretion.
1.3 Customer Account: Upon approval, Resellers will receive a Customer Account to place orders and access sales history.
2. Use of Reseller Account
2.1 Account Access: The Reseller is responsible for maintaining the confidentiality of account credentials and for all activity under their account.
2.2 Accuracy: The Reseller agrees to keep their business information up to date in the Reseller Account.
3. Pricing and Bulk Discounts
3.1 Wholesale Pricing: Approved Resellers will have access to select CheebaPet products at wholesale prices below the Manufacturer’s Suggested Retail Price (MSRP).
3.2 Compliance with MSRP: Resellers agree to advertise and sell CheebaPet products at or above the MSRP unless otherwise approved in writing by CheebaPet or published on its website or promotional materials as updated from time to time.
4. Reseller Obligations
4.1 Authorized Reseller: Resellers are authorized to sell CheebaPet products only within the U.S. and agree to market the products in a manner consistent with CheebaPet’s website content and supplied marketing materials.
4.2 Trademark Usage: Resellers may use CheebaPet’s trademarks, logos, and branding materials solely to advertise and sell CheebaPet products in compliance with CheebaPet’s marketing materials.
4.3 Limited License: Resellers receive a non-exclusive, non-transferable, and revocable license to use CheebaPet’s intellectual property ("IP") for promotional purposes only. No ownership of IP is transferred under any circumstances.
5. Restrictions on Use
5.1 No Modification: Resellers may not modify CheebaPet branding, packaging, or advertising materials without prior written consent.
5.2 No Resale of IP: Resellers may not resell, sublicense, or otherwise transfer any CheebaPet intellectual property, including product images, logos, or trade names, to any third party.
5.3 Territorial Restrictions: Resellers may only sell CheebaPet products within the United States and may not engage in any international sales or product promotions.
6. Orders and Payment Terms
6.1 Order Placement: Resellers must place orders through the designated online Reseller portal.
6.2 Payment Terms: Payment must be made in accordance with the payment schedule provided at checkout.
7. Advertising and Promotions
7.1 Compliance: Resellers must comply with CheebaPet’s advertising guidelines and must not engage in false or misleading advertising.
7.2 Promotional Materials: CheebaPet may provide promotional materials such as email flyers and in-store displays. Resellers agree to use these materials without alteration unless expressly permitted.
8. Limitation of Liability
8.1 CheebaPet is not liable for any indirect, incidental, or consequential damages arising from Reseller’s use of the products or services.
8.2 CheebaPet’s total liability under this agreement is limited to the wholesale price paid by the Reseller for the products in question.
9. Termination
9.1 Termination for Cause: CheebaPet may terminate this agreement for any breach of these Terms by the Reseller.
9.2 Termination for Convenience: Either party may terminate this agreement with or without notice for any reason or no reason whatsoever.
10. Intellectual Property Rights
10.1 Ownership: CheebaPet retains all rights, title, and interest in its intellectual property, including but not limited to trademarks, logos, product images, trade secrets, and proprietary information.
10.2 Limited Use License: Resellers are granted a limited use license solely for the purpose of marketing and selling CheebaPet products. This license does not transfer any ownership rights or grant any rights to modify or sublicense the IP.
11. Confidentiality
11.1 Confidential Information: The Reseller agrees to maintain the confidentiality of any proprietary or non-public information received from CheebaPet during the course of this agreement including the wholesale pricing.
12. General Provisions
12.1 Governing Law: This agreement is governed by the laws of the state of Texas, without regard to its conflict of law principles.
12.3 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings related to the subject matter herein.