Ear Technology Corporation (“Manufacturer” or “ETC”) is a leading manufacturer of high-quality products. Manufacturer’s online brand integrity is linked to the quality of products shipped to customers. In order to maintain Manufacturer’s brand integrity and company reputation, Manufacturer publishes this mandatory & binding Online Sales Policy (“Online Sales Policy”) pertaining to the sale and/or resale of Manufacturer’s Products (“Products”) by any Resellers, Distributors, Wholesalers, and/or any other parties wishing to sell the Products (collectively be referred to as “Distributors” or individually referred to as “Distributor”).
Distributor shall not sell any of the Products on Amazon.com, Ebay.com, Jet.com, Walmart.com, any other online market places, or any other digital platform without the advanced express written authority and consent of Manufacturer. Distributor shall not sell or offer for sale the Products via any Internet websites other than the Approved Web Sites and Approved Mass Market Places as provided in express written consent by Manufacturer to Distributor.
Any Party who sells Manufacturer’s Products must adhere to the Online Sales Policy to ensure that the Manufacturer’s guidelines of the Online Sales Policy are followed for matters that include but are not limited to promotions, offerings, intellectual property usage, shipping, etc. Manufacturer’s guidelines for online sale include:
- Without express written license directly from Manufacturer, no party other than Manufacturer may create listings for Products on any mass market websites.
- Products must be listed only with approved Product images and approved Product descriptions with approval at the sole discretion of Manufacturer. Manufacturer may provide pre-approved images and/or descriptions.
- Incorrect Categories for Products shall not be created, listed under, sold under or participated in.
- Shipments of Products shall be e-commerce compliant (i.e. boxed properly, sealed well).
- Incorrect UPC’s shall not be used in listing or in selling Products.
- Mixing of other companies’ brands with Manufacturer Products is strictly prohibited whether in listings for Products or in sales of Products.
- Without express written license, no party other than Manufacturer will create new variations or multi-packs or bundles of Products whether in listings for Products or in sales of Products.
- Misleading images or descriptions or sizes are strictly prohibited. (i.e. Customer orders a 16oz and receives 2 8oz items. -or- Old labels or old model numbers are shipped in place of new Products.)
- Distributor shall not answer questions about Products on any online forum without Manufacturer consent.
- Distributor shall follow the rules, terms of service, and accepted practices of the online platforms being utilized.
- Distributor shall strictly adhere to the Minimum Advertised Price Policy (“MAP Policy” or “Policy”) and only advertise Products at a price equal to or greater than the Manufacturer’s current Minimum Advertised Price.
- Distributors will ensure that resellers to whom they sell Products will also meet these guidelines, and Distributors will be responsible for any violations of these guidelines by such other reseller(s) to whom Distributor sold the Products.
- Distributor shall not convey, distribute or sell Products to any other party that Distributor knows markets or sells on any Amazon Marketplace.
- Distributor shall not convey, distribute, market or sell Products as a vendor to Amazon.com Inc. or to any other Party that may allow or support Amazon to offer the Products itself.
- Manufacturer does not authorize the use of any of Manufacturer’s copyright or trademark to be used in sales or advertising on third party marketplaces without express written consent of Manufacturer. Distributor acknowledges that any and all uses of these copyrighted and trademarked materials may constitute intellectual property infringement and be subject to enforcement.
Failure to comply with the Online Sales Policy is subject to termination of the Authorized Reseller Agreement, termination of the Product warranty, termination of the Product Guarantee, termination of the License to use of Manufacturer’s trademark & other intellectual property, termination of distribution rights for Products, termination of the right to sell Products in “new” condition, and subject to other remedies as provided by law.
Manufacturer reserves the right to modify the Online Sales Policy at any time.