PERFORMANCE TEA WHOLESALE/ RESELLER PROGRAM TERMS OF SERVICE

 

PROGRAM OVERVIEW

The Performance Tea WHOLESALE/ RESELLER Program is part of the overall Performance Tea Channel Partner Program, which has a tiered value exchange, specific set of requirements, and tailored Terms & Conditions depending on the role that the channel partner plays.  Wholesale includes RETAIL Resellers (both “Clicks” and “Bricks” stores and Practitioners) as well as VALUE-ADDERS (e.g. coffee houses, gyms and yoga studios). Wholesale Channel Partners help Active Lifestyle Consumers and Performance Athletes have greater, easier and more instant access to all of the Performance Tea Products with value-adding subject expertise and product extensions.

By joining the Performance Tea Wholesale/ Reseller Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Performance Tea reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Program after any such changes shall constitute your consent to such changes.

We have the right to terminate an Account for any reason we see fit at any time. Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding Wholesale Reseller incentives earned during the violation.

 

GENERAL REQUIREMENTS FOR ACCEPTANCE

  • You must operate a business or website in the United States, Canada or the UK.

  • You must have an established client base of >50 regular customers

  • Or a website and/or social media following over 5,000 followers

  • You must be in compliance with our Terms of Service

  • No coupon or offer sites

 

ENROLLMENT

After receiving your application, we will review your information and notify you of your acceptance into our Wholesale Reseller Program. Please allow up to 3 days for your application to be reviewed. We reserve the right to reject any application, however we encourage you to contact us if you feel we have made an incorrect decision.

 

ORDERING PROCESS

  1. Upon receipt and approval of your completed Wholesale Agreement, you will be notified that you are an approved Retailer/ Reseller.

  2. Orders may be placed by completing a wholesale order form (online).  Orders can also be emailed to sales@performancetea.com. (pdf order form online).

  3. Your order is binding on you once it is placed with us.

 

MINIMUM ORDER REQUIREMENTS

Performance Tea offers two Wholesale Reseller Account purchase options, based on volume, as outlined below. Once you establish your account at a certain level, you may change your Wholesale Account level by making the minimum initial order at the level required for the desired Wholesale Account. All subsequent orders must then match the minimum reorder for that level.

Wholesale Reseller Level 1

Minimum Opening Quantity- 10 items

No minimum re-order after initial order

Wholesale Reseller Level 2

Minimum Initial Order $1000

Minimum re-order $1000

 

MINIMUM ADVERTISED PRICE (MAP), MSRP AND BRAND EQUITY PRESERVATION

Products purchased from Performance Tea shall only be sold at the manufacturer’s suggested retail price (MSRP). In the event the Wholesale Reseller Account chooses to place the products or goods for sale at a discount, the Wholesale Account shall not discount the products more than 15% below MSRP.  Please refer to the Performance Tea Website for current MSRP. Performance Tea advertised price policy is to provide our retail partners and consumers with a unified advertised pricing structure and maintain the reputation for high-quality products. The MAP policy applies to all forms of advertising including internet, catalogs, ads, emails, etc.

Permission for special sale events beyond the 15% discount by the Wholesale Account must be requested in writing to Performance Tea.  While retailers & resellers are free to conduct business as they choose, Performance Tea reserves the right to terminate any account we feel does not honor the Performance Tea Minimum Advertised Price Policy and require that terminated wholesale reseller to return all unsold product immediately.

 

PAYMENT TERMS

At this time, Performance Tea is not extending credit terms. All orders must be accompanied by prepayment. Upon signing this Agreement we will put a credit card on file - Visa, Mastercard, Amex are all acceptable - or payment can be made thru PayPal. Payments must clear prior to shipment.  Orders will be charged actual shipping cost All wholesale sales order are final. Back chargers are not accepted.

 

PACKAGING

Performance Tea is sold in “stick packs” with 10 “stick packs” per box.  The boxes are color coded by formulation and have been carefully engineered to easily display on shelves or counter by simply removing the top along the serrated edges.  For high volume users, Performance Tea is also available in Jars.

 

SHIPPING / HANDLING & DELIVERY

Items will not be shipped until full payment is received. No COD orders. We use USPS, FedEx, or UPS Ground shipping, based on cost affordability, unless you specify/request a quicker mode of shipping. On all orders, we include the cost of packaging materials and handling fees in your shipping total.  Unless Performance Tea agrees otherwise in relation to a particular order, Performance Tea will ship to the Account Address on File. Risk passes at the time of deliver.

 

SHIPPING ERRORS, RETURNS, AND WARRANTY

Order errors must be brought to Performance Tea Customer Service attention within 5 business days of receipt of shipment. We endeavor to protect your reputation, and ours; if you or your customer finds an issue, we will work with you to find a resolution.   

  1. However, Performance Tea shall not be liable for any loss or damage the Wholesale Reseller may suffer as a result of any non-delivery or late delivery of any order for any reason whatsoever, including negligence on the part of Performance Tea, its agents or contractors.  

  2. If an order is delivered with less than the ordered number of items or with items not included in the order, Performance Tea may either supply the missing items, replace the incorrect items or give a refund for them provided that, in the case of incorrect items, the Retailer makes them available for collection by Performance Tea.

  3. Wholesale Reseller will not sell a knowingly defective product to a customer.  If an item is defective, Performance Tea will accept a return of the product and either repay the wholesale price in full or offer a credit or replacement.

  4. To the extent permitted by law, Performance Tea excludes any other liability or obligation whether arising under a statute or the general law and whether or not resulting from negligence on the part of Performance Tea, its agents or contractors or otherwise.

  5. Performance Tea does not accept returns on products for poor sell through or non-performance.

WEB COMMERCE

No products or goods purchased from or produced by Performance Tea shall be resold by Wholesale Reseller through any location other than Retailers URL and/or brick and mortar store, including an online auction (e.g., eBay) or online store (e.g., Amazon) without the express, written authorization of Performance Tea.  If Wholesale Reseller Account is planning to sell products produced by Performance Tea in an online store, it must be owned by the entity applying for a Wholesale Account and listed on the Wholesale Application to be approved by Performance Tea. If Retailer resells via 3rd party, Performance Tea and wholesale reseller relationship may be terminated.

 

RESELLING TO WHOLESALE ACCOUNTS

Any Wholesale Account who distributes Performance Tea products to any entity for re-sale must require their customer to strictly adhere to these same Wholesale Reseller Account Terms of Service.  Any Wholesale Account who does not enforce these guidelines with their own resale customers will be subject to termination of this agreement.

 

PRODUCT IMAGES & REPRESENTATION OF PRODUCT

Performance Tea will make available images that you might require for your print and online presence. Should you require any additional images, please contact us. Any imagery you provide yourself must be approved prior to use (please allow adequate lead-time for approval; two weeks is recommended).  Performance Tea retains all rights to all images of products provided and retains the right to prohibit the use of any and all images provided. In addition:

  1. Reseller may not use any of the images contained within the provided photos for any other purpose other than to gain sales.

  2. Reseller may not use any images provided in any other medium than in or on the specified website or store without prior written consent of Performance Tea first.

  3. Reseller may not alter (e.g., crop, change background colors, add text) provided photos other than to size appropriately for website and marketing materials.

  4. Reseller must describe the product in the appropriate category and may not represent the product in other categories or for other uses, without prior authorization from Performance Tea.

 

LINKING TO OUR WEBSITE

  • Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.

  • You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).

  • Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.

 

WEBSITE RESTRICTIONS

Your participating website(s) may not:

  • Infringe on our or anyone else’s intellectual property, publicity, privacy or other rights.

  • Violate any law, rule or regulation.

  • Contain any content that is defamatory, obscene, threatening, harassing, harmful to minors, or contains nudity, pornography or sexually explicit materials.

  • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

  • Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Wholesale Reseller commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

 

COUPON GUIDELINES

  • You may not use a coupon or offer sites to promote our program.

  • You may not submit your Wholesale Reseller code to any coupon sites.

  • Any transaction coming from a coupon or offer site will be reversed.

  • You may ONLY advertise coupon/discount codes that are provided exclusively to you through the Wholesale Reseller program.

  • If you provide your clients with the coupon code to order Performance Tea through our website (vs buying from you) the same coupon guidelines apply to them.

 

PPC GUIDELINES

If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:

  • You may not bid on any of our *trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.

  • You may not use our trademarked terms in sequence with any other keyword (i.e. Performance Tea Coupons).

  • You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.

  • You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Wholesale Reseller links must be directed to an actual page on your website.

  • If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding.

 

TRADEMARK TERMS

Performance Tea

 

DOMAIN NAMES, SOCIAL MEDIA & EMAIL

Use of any of our trademarked terms as part of the domain or subdomain for your website is strictly prohibited i.e. performancetea.website.com or www.performance-coupons.com

Use of any of our trademarked terms as part of your social handle is strictly prohibited i.e. facebook.com/Performance-Tea-Coupons.

If you intend to promote our Program via email campaigns, you must adhere to the following:

  • Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.

  • E-mail must be sent on your behalf and must not imply that the email is being sent on behalf of Performance Tea.

 

MERCHANTABILITY & MISREPRESENTATIONS

Wholesale Account agrees that Performance Tea makes no warranty, express or implied, as to the merchantability of Performance Tea products. Wholesale Reseller Account also agrees that Performance Tea is not liable for any misuse or misrepresentations of the product by the Wholesale Reseller Account or consumer, and indemnifies Performance Tea for any legal actions that emanate from such actions.

 

RIGHT TO MODIFY

Performance Tea reserves the right to change the terms of this Agreement from time to time as necessary. The changes will take effect as soon as Performance Tea notifies you of the changes. Changes will not be retroactive.  All orders placed will be accepted and supplied only upon Performance Tea Terms of Service applicable at that time. Prices are subject to change without notice. Either party with 30-day written notice can terminate Wholesale Reseller relationship.

 

NOTICES, SEVERABILITY, INTELLECTUAL PROPERTY

Notices will be deemed to be delivered when sent by email to the email address provided on this Agreement.

If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Wholesale Reseller hereby acknowledges that the Intellectual Property is the sole and exclusive property of Performance Tea, and that Performance Tea have the exclusive right to the use thereof on and in connection with the Products. (For purposes of this agreement, the term “Intellectual Property” shall mean and refer to any and all trademarks, copyrights, trade secrets, confidential information, signs, and/or packaging associated with or relating to the Products.) Wholesale Reseller agrees that it will not use the Intellectual Property for any reason except as allowed under this agreement. Such use shall not create any interest in the Intellectual Property by Wholesale Reseller, and said Intellectual Property shall remain the sole and exclusive property of Performance Tea at all times.

 

CONFIRMATION OF AGREEMENT TO POLICIES, TERMS & CONDITIONS

I agree that we will not file a chargeback with my issuing bank and understand in doing so I give Performance Tea the right to take legal action to enforce these conditions. In the event Performance Tea must seek legal action to enforce these conditions or collect a debt, defendant shall bear legal fees.

I agree that we will not allege to consumers that I manufactured these products myself, nor appointees of myself.

I have reviewed and understand Performance Tea policies and procedures for payment and shipping as well as all terms and conditions. We authorize Performance Tea to keep this agreement on file and apply these policies to all future transactions made between Performance Tea and my company.

Please keep a copy for your records.

Contact: hello@performancetea.com with questions.

 

Signature & Date  (electronically signed & dated by clicking “I agree”)