Fullips Authorized Reseller Policy

To qualify and remain an authorized reseller of authentic Fullips products (“Authorized Reseller”), you and your business (collectively, “Reseller”) must adhere to this Authorized Reseller Policy, as amended and updated from time to time (this “Policy”), at all times.  Failure to comply with this Policy may result in suspension or termination of Reseller’s account with Fullips.  Further, Fullips reserves the right not to sell to any Reseller for any purpose, in its sole and absolute discretion.

1. Maintain Current Business Information & Disclose All Locations That Carry Fullips Products

Reseller must maintain current and accurate company information and disclose to Fullips all retail locations, ecommerce websites, social media platforms and other platforms (each a “Sales Platform”) on which Reseller markets, advertises and/or sells Fullips products throughout the term of Reseller’s relationship with Fullips.  Resellers must also disclose to Fullips all names and aliases under which it markets, advertises and/or sells Fullips products on any Sales Platform.  Resellers must update Fullips of any changes to this information.  Failure to notify Fullips of any of the foregoing may result in a Sales Platform or Reseller being reported for potential or actual counterfeiting or intellectual property infringement.      

2. Sell on Approved Retail Website(s) Only

Reseller may take orders via publicly accessible ecommerce enabled web pages hosted on approved websites owned and operated by Reseller. Selling on Amazon US, Alibaba, DHgate, AliExpress, and/or 1688.com is strictly prohibited.  Selling on Amazon UK and eBay is permitted.  Fullips reserves the right to restrict sales from any Sales Platform that it deems to be harmful to Fullips’ business or reputation, or to the business or reputation of another Reseller.

3. Only Purchase Fullips Products Directly From Assigned & Authorized Distributor

Unless expressly authorized by Fullips, Reseller may not purchase Fullips products from other retailers, or from other sources not explicitly endorsed by Fullips.  All orders should be directed to info@fullips.com or fullipsreseller.com.

4. Only Sell Fullips Products in Original Packaging

Reseller may not alter original Fullips packaging in any way prior to selling Fullips products. Unless explicitly authorized by Fullips, removing Fullips products from their original packaging and selling Fullips products in different packaging or under a different name is strictly prohibited.

5. No Bundling Fullips Products Without Obtaining Permission

Reseller should not bundle Fullips products with any other product or good without receiving prior written permission from Fullips.

6. Payment

Fullips shall submit an invoice to Reseller prior to the shipment of products. The invoice shall state the amount to be paid by Reseller for all products in such shipment, including shipping and handling, but will not include or account for any amount owed to any third party or governing entity, including but not limited to, taxes, VAT, duties or excises associated with the import of Fullips products.  All payments shall be in U.S. Dollars.  All sales to Reseller are final; Reseller shall have no right to return any Fullips products for refund.   

7. Authorized Reseller Identification Number and Badge

Reseller will be assigned a unique Authorized Reseller Identification Number (“ID”) and be provided an Authorized Reseller Badge (“Badge”) bearing Reseller’s ID. For the benefit of Reseller, Reseller should clearly and conspicuously display its Badge on all Sales Platforms, store offerings and listings, as applicable, for the duration of the reseller relationship.  Failure to do so may result in the Reseller being reported for potential or actual counterfeiting or intellectual property infringement. Reseller ID Numbers and Badges are nontransferable.

8. Fullips Social Media Policy

In order to maximize the relationship between Reseller and Fullips, and to better allow consumers to verify Reseller’s identity as an Authorized Reseller selling authentic Fullips products, Reseller should undertake efforts to promote Fullips in the course of promoting its own business.  On Instagram and Twitter, Reseller agrees to make a good faith effort to tag @fullipsenhancer in its Fullips-related posts at least once a month.  Similarly, on Facebook, Reseller agrees to make a good faith effort to tag Fullips’ Facebook page in Fullips-related posts at least once a month. Reseller should also make a good faith effort to request that any Blogger reviewing or promoting Fullips products tag @fullipsenhancer or Fullips’ Facebook page.    

9. Taxes, Duties and Excises

All taxes, VAT, duties or excises associated with the import of Fullips products are Reseller’s sole responsibility.    

10. Fullips Minimum Advertised Price Policy

To support Resellers’ efforts, Fullips may wish to establish and implement policies that will allow Resellers to earn the profits necessary to maintain the high level of customer excellence people have come to expect from Fullips.

Accordingly, while Resellers are currently free to choose the price at which they resell Fullips products, Fullips reserves the right to unilaterally adopt and implement a Minimum Advertised Price Policy (“MAP Policy”) for selling on one or more Sales Platforms. Notwithstanding the forgoing, Fullips highly recommends, to the extent possible, that Reseller resell Fullips products at prices commensurate with Fullips’ retail prices as set forth on fullips.com.

11. Sell to Retail Consumers Only

Unless expressly authorized by Fullips, Reseller should sell to end consumers only, and may not sell in bulk to B2B accounts, wholesalers, or freight forwarders/drop-shippers for other retailers.

12. Shipping

Fullips will make every effort to ship within 3 business days of payment of the invoice, and will ship to the address specified by Reseller in the invoice.  Title and risk of loss or damage to the product will transfer to Reseller when the product is loaded onto the carrier’s vehicle for shipment at Fullips’ warehouse, fulfillment center, or other business location, or when possession of the product is transferred to the carrier at the carrier’s location or the U.S. Post Office (collectively, the “Delivery Point”).  Fullips will have no obligation to provide carriage of goods or insurance.  Reseller is responsible for all customs duties, freight, insurance and other shipping expenses from the Delivery Point. Reseller agrees to satisfy all import formalities pertaining to the shipment of Fullips products to destinations outside the United States.

13. Obey the Law, Abide by Policy Rules & Serve Customer Needs

Reseller must comply with all applicable laws, rules, regulations and policies related to the advertising, sale and marketing of Fullips products in its country and jurisdiction.  Reseller must also comply with the terms and conditions of all commerce-enabled websites utilized by Reseller, ensure PCI Compliance, and use approved third-party shopping carts. Reseller must provide a level of sales support and customer support for customers that, at a minimum, demonstrate industry best practices.

14. Trademark, Intellectual Property and Brand Agreement, and Quality Control Process

Reseller acknowledges and agrees that Fullips owns all proprietary rights in and to the Fullips brand, name, logo, trademark(s), patent(s), copyright(s) and other intellectual property (the “Proprietary Rights”). Use by Reseller of the Proprietary Rights is authorized only for the purposes described in this Policy and will cease upon termination of the Reseller’s relationship with Fullips.

Reseller must represent itself as a Fullips Authorized Reseller in all advertising and sales materials related to its sale of Fullips products. Setting up businesses or websites, registering domain names, or creating social media usernames/handles on any social media website or service that contain any Fullips trademark, copyright or logo are subject to and conditioned upon Fullips’ approval and authorization, which Fullips may withhold or revoke at any time in its sole and absolute discretion.  Similarly, any marketing materials for Fullips products are subject to and conditioned upon Fullips’ approval and authorization, which Fullips may withhold or revoke at any time in its discretion. Reseller may (i) announce to the public that it is an authorized, non-exclusive Reseller of Fullips products, and (ii) advertise Fullips under the trademarks, service marks, marks, and trade names that Fullips may adopt from time to time (the “Fullips Trademarks”).  Reseller understands that nothing herein shall grant to Reseller any right, title or interest in or to the Fullips Trademarks or any Proprietary Rights. At no time during or after the term of the reseller relationship will Reseller challenge or assist others to challenge the Fullips Trademarks or the registration thereof or attempt to register any copyrights, trademarks, marks or trade names confusingly similar to those of Fullips.  Reseller shall not apply for, pursue or assist any other person or entity in applying for or pursuing any intellectual property rights related to “Fullips,” the Fullips brand, or Fullips products.  In event Reseller violates the foregoing provisions, Reseller expressly assigns to Fullips all right, title and interest in and to any such applications and/or intellectual property rights. Reseller will follow all trademark usage guidelines communicated by Fullips.

Reseller may use the Fullips name in advertising and promotional media.  Approval of any media is at Fullips’ sole and absolute discretion. Upon termination of the Reseller’s relationship with Fullips, Reseller will immediately cease all use of the Fullips name, the Fullips Proprietary Rights, and the Fullips Trademarks.

Reseller may not, directly or through any person or entity, in any manner whatsoever, copy, reproduce, incorporate, modify, prepare derivative works of, or otherwise alter any Fullips product. Reseller will not remove any copyright, trademark or other proprietary notice incorporated on or in any Fullips product.  Reseller agrees that it will not offer for resale, advertise or promote any product that Fullips contends infringes upon Fullips Proprietary Rights or the Fullips Trademarks, or that falsely purports to be a Fullips product, or that is a counterfeit, copy, imitation or knock-off of any Fullips product. Reseller also agrees that it will not publish any content that would injure, dilute, or diminish the value of any Fullips Trademarks.  Reseller agrees to notify Fullips immediately if it becomes aware of any violation of this Policy by any other Reseller, individual or entity.

In the event that Reseller violates or breaches any of the provisions in this Reseller Policy, including, but not limited to, the provisions of this Section 14, Reseller’s revocable, limited and temporary license to use any of the Fullips’ Proprietary Rights and Fullips Trademarks shall immediately terminate and Reseller shall be prohibited from any further use of such Proprietary Rights or Fullips Trademarks.  Further, if there is a breach or threatened breach of this or any other provision of this Policy, it is agreed and understood that Fullips shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in this 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 Policy.

15. Indemnification

Reseller agrees to and shall indemnify and hold harmless Fullips, its officers, employees, agents and representatives, from and against any and all claims, lawsuits, actions, losses and liabilities (including attorneys’ and other professional fees and other costs of litigation) arising out of or attributable to: (a) Reseller’s representation, instruction, or marketing of Fullips products in a manner inconsistent with Fullips’ product descriptions and instructions; (b) Reseller’s marketing, distribution, use or sale of Fullips’ products; (c) Reseller’s negligence or willful misconduct; or (d) Reseller’s violation of, or failure to comply with, any of the provisions set forth in this Policy.

16. Jurisdiction and Venue

In the event of a dispute over the terms or performance of this Policy, Reseller expressly submits to jurisdiction and venue in the United States District Court for the District of Nevada and the Clark County Courts.  If Fullips is the prevailing party in any action brought under this Policy, Fullips shall be entitled to reasonable attorneys’ fees and costs incurred in the prosecution and/or defense of such action.

17. Notices and Contact Information

Reseller agrees to receive all notices and communications from Fullips by email, and expressly consents to Fullips maintaining Reseller’s contact information (including, without limitation, names, shipping and mailing addresses, email addresses, telephone numbers and social media names and handles) in a Fullips database.  Reseller shall promptly notify Fullips of any new email address under which it markets or sells Fullips products.

Last updated December 27, 2016