March 1st, 2020
The following is the Company’s Wholesale Agreement as of the date set forth above. “You” are referred to as “Customer” in the Wholesale Agreement. All wholesale orders are subject to the Company’s Wholesale Agreement, which you are deemed to have read and reviewed before submitting an order. By submitting any wholesale order, you agree to all terms in the Wholesale Agreement for yourself and your company, and you represent that you have the authority to bind your company to the terms of the Wholesale Agreement.
Customer agrees as follows:
- We certify that our wholesale purchases of Abacus’s CBD CLINIC™ products are exempt from retail sales tax and that we actively register our applicable retail sales with all states in which we operate. We agree to provide a copy to Abacus of our current tax-exempt certificates(s) and update these annually.
- We agree to ensure adherence to Abacus’ Minimum Advertised Pricing (MAP) policy on all Abacus products sold by us to consumers or sold by us to any other reseller. Permission for special sale events beyond an occasional short-term discount must be requested in writing. Violations of MAP, other than occasional short-term discounts, may result in cancellation of our Abacus wholesale account.
- We understand that Abacus will provide us with a 40% discount off of Abacus MAP.
- We understand that minimum order size is a single case, as defined in the applicable Abacus price sheet. Shipping and handling will be charged for all orders under $400. Shipping outside the continental U.S. may incur shipping charges and can be quoted prior to shipment. Requested ship dates will be confirmed or modified upon receipt of purchase orders. We understand that purchase orders can be placed via email, fax or online, and that payment terms can be established by filling out an Abacus credit application form with at least three credit references.
- We agree to inspect all shipments immediately upon receipt and agree to contact Abacus at [email protected] within 5 days receipt of damaged or defective shipments to request Return Authorization. We understand that returned merchandise may not be accepted by Abacus if it is held by us for more than 15 days after receipt.
- We understand that if, for any reason and within 60-days of receipt, we need to return our first order of any Abacus product, Abacus will take back any resalable units and provide a full refund with no restocking fee, and, thereafter, returns requested within 60-days of receipt will incur a 15% restocking fee. All returns must be requested in writing, with a Return Authorization issued prior to shipment.
- We understand that sales of Abacus products to consumers via the internet, as well as sale of Abacus products to resellers that wish to sell Abacus products online, requires advance written authorization from Abacus Marketing Management.
- We understand that all Abacus trademarks listed on Abacus products or marketing materials are hereby licensed to our company for designated marketing use only during the term that we are actively purchasing from Abacus and that all rights are retained by Abacus. We agree that any of our printing or publishing that include Abacus trademarks will include a statement to declare [trademark] is owned by Abacus Health Products Inc.
- We agree to never incorporate any of the Abacus brand names or trademarks in any website domains, social media accounts or related properties.
- We understand that Abacus will provide us with content that we are authorized to use in our printed or digital communications to promote Abacus products.
- We hereby authorize Abacus to reference our company name in its marketing to help drive customers to our stores carrying Abacus products.
- We acknowledge that the laws pertaining to CBD and hemp products may lack absolute clarity and we therefore agree to accept responsibility for resale of Abacus products in the state(s) within which we operate our business.
- Store Locator: We provide our customers with a free directory service of store locator. This service allows end-consumers to find our Customers’ location and contact information easily via store locator available on our Websites. Customer acknowledges and confirms that by registering to our services (including via registration to purchase our goods) it provide us permission to use and publish the following information about its businesses: (i) business name; (ii) type of service Customer provides (e.g., chiropractic, massage, acupuncture…); (iii) business phone number; and (iv) business address. In the event that you would not like to be added to our store locator feature, please send us an email to: [email protected], to unsubscribe from this feature [email protected]