Terms & Conditions
CCA INDUSTRIES, INC. AUTHORIZED DISTRIBUTOR POLICY
- Manner of Sale. Distributor shall sell the Products only as set forth herein. Otherwise, the Products may not be eligible for certain services and benefits, including, wherever permitted by law, coverage under CCA’s Product warranties or guarantees.
- Authorized Customers. Products sold for purposes of resale shall be sold only to Authorized Resellers. An “Authorized Reseller” (i) is an individual or business entity that purchases Products from an Authorized Distributor and resells the Products as part of a commercial enterprise; (ii) has received and agrees to adhere to the CCA Industries, Inc. Authorized Reseller Policy; and (iii) has not had its Authorized Reseller status revoked by CCA. For purposes of this Distributor Policy, Authorized Resellers shall not include any customers that have a direct purchasing relationship with CCA. In addition, for purposes of this Distributor Policy, any entity operating a third-party marketplace website, including, but not limited to, Amazon.com, Groupon.com, or Jet.com, shall not be considered an Authorized Reseller. From time to time, CCA may distribute a “Do-Not-Sell List” that identifies entities that are prohibited from purchasing CCA Products. Distributor agrees to cease and suspend sales to any customer on the Do-Not-Sell List. Distributor shall not sell the Products to End Users without the prior written consent of CCA. An “End-User” is any purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to a third party.
- Geographic Location of Sales. Distributor shall not sell, ship, invoice, or promote the Products outside the United States of America or to anyone Distributor knows or has reason to know intends to ship the Products outside of the United States of America without CCA’s prior written consent.
- Online Sales. Distributor shall not market or offer for sale the Products on or through any publicly accessible website, including, without limitation, any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of CCA, which is granted solely through execution by CCA of the Authorized Online Seller Agreement. Execution by CCA of the Authorized Online Seller Agreement constitutes the only means of providing consent to sell the Products online on publicly accessible websites. The terms of this Distributor Policy supersede any prior agreement between CCA and Distributor regarding the sale of the Products online. Any authorization previously granted to Distributor by CCA to sell the Products online is hereby revoked.
- Sales Practices and Inventory. Distributor shall support CCA’s sales programs and use best efforts to advertise, promote, market, and sell the Products to its authorized customers and, as applicable, meet or exceed minimum sales commitments. Distributor shall conduct its business in a reasonable and ethical manner at all times, whether engaged in the sale of CCA 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 CCA. Distributor shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products. Further, Distributor shall carry an inventory of the Products adequate to meet the needs of, and to furnish prompt and efficient delivery of Products to, its customers.
- Product Packaging and Display. Distributor shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations 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. Distributor may not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Distributor shall not advertise, market, display, or demonstrate non-CCA products together with the Products in a manner that would create the impression that the non-CCA products are made by, endorsed by, or associated with CCA.
- Customer Service. Distributor and Distributor’s sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable warranty, guarantee, or return policy. Distributor must make itself 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. Distributor and Distributor’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of CCA. Distributor agrees to cooperate fully with CCA in any investigation or evaluation of such matters.
- Distribution of CCA Policies and Other Information. Distributor shall distribute policies, updates to policies, amendments to warranties, and other information to its Authorized Resellers, as requested by CCA from time to time.
- Product Care and Quality Controls. Distributor shall care for the Products as set forth herein.
- Product Storage and Handling. Distributor shall exercise due care in storing and handling the Products, store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and store the Products in accordance with any additional storage guidelines specified by CCA from time to time.
- Product Inspection. Promptly upon receipt of the Products, Distributor shall inspect the Products for damage, defect, broken seals, or other nonconformance (collectively, “Defects”). If any Defect is identified, Distributor must not offer the Product for sale and must promptly report the Defect to CCA at email@example.com. Distributor shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory. Distributor 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, Distributor shall cooperate with CCA with respect to any Product recall or other consumer-safety information dissemination efforts. Should Distributor learn of any incident that could reflect or indicate a safety concern associated with any Product, Distributor shall promptly report the incident or other information learned to CCA at firstname.lastname@example.org.
- Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION OF THE DOCUMENTS ACCOMPANYING THE PRODUCTS OR IN PRODUCT LITERATURE FURNISHED BY CCA CONTAINING PRODUCT WARRANTIES, AS IN EFFECT FROM TIME TO TIME (THE “STATEMENT OF WARRANTY”), CCA MAKES NO REPRESENTATION OR WARRANTY TO DISTRIBUTOR OF ANY NATURE OR KIND REGARDING THE PRODUCTS. CCA DISCLAIMS ALL OTHER WARRANTIES TO DISTRIBUTOR, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. CCA’S SOLE OBLIGATION AND LIABILITY TO DISTRIBUTOR IN RESPECT OF ITS WARRANTY AS SET FORTH IN THE STATEMENT OF WARRANTY SHALL BE, AT ITS OPTION, TO REPAIR OR REPLACE THE RELEVANT PRODUCT AT ITS COST.
- Intellectual Property. Distributor acknowledges and agrees that CCA owns or licenses all proprietary rights in and to the CCA brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “CCA IP”). Distributor is granted a limited, non-exclusive, non-transferable, revocable license to use the CCA IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Distributor’s status as an Authorized Distributor. CCA reserves the right to review and approve, in its sole discretion, Distributor’s use or intended use of the CCA IP at any time, without limitation. All goodwill arising from Distributor’s use of the CCA IP shall inure solely to the benefit of CCA.
- Termination. In addition to all other available remedies, if Distributor violates this Distributor Policy, CCA reserves the right to terminate Distributor’s status as an Authorized Distributor through written or electronic notice to Distributor of such termination. Upon termination of a Distributor’s status as an Authorized Distributor, Distributor shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Distributor is an Authorized Distributor of CCA Products or has any affiliation whatsoever with CCA; and (iii) using all CCA IP. At CCA’s option following termination, Distributor shall sell its existing inventory of the Products back to CCA at the wholesale prices at which the Products were sold to the Distributor by CCA.
- Audit. CCA reserves the right to audit and/or monitor Distributor’s activities for compliance with this Distributor Policy, including, but not limited to, inspection of Distributor’s facilities and records concerning the Products.
- Miscellaneous. CCA reserves the right to update, amend, or modify this Distributor Policy upon written or electronic notice to Distributor. Unless otherwise provided, such amendments will take effect immediately and Distributor’s continued use, advertising, offering for sale, or sale of the Products, use of the CCA IP, or use of any other information or materials provided by CCA to Distributor under this Distributor Policy following notice of the amendments will be deemed Distributor’s acceptance of the amendments.