This distribution agreement is made by and between Solaren International ™ and all parties that sell, distribute and / or promote any and all Solaren International ™ products or offerings. All Wholesale, Retail and Medical facility distribution must be approved in writing by Solaren International ™. This includes but is not limited to distribution on 3rd party websites such as: individual store fronts, kiosks, malls, Amazon LLC (and its affiliated properties), medical offices, health / fitness facilities, nutrition stores / outlets and individual sales avenues. This agreement contains separate signatory approval areas for medical facility and 3rd party avenues if applicant is granted approval for such transaction methods.
TERMS
PRODUCT: All Solaren International ™ products are included in this agreement.
MSRP: Manufacturer Suggested Retail Price that appears on PRODUCT label, in PRODUCT literature, provided by Solaren International ™ or displayed on corporate store front, located at: http://solareninternational.com/
MAPP (Minimum Allowed Pricing Policy):
- RETAILER of PRODUCT, “CANNOT” sell or discount PRODUCT below the MSRP when selling to END CONSUMER. MRSP can be found in provided literature or on the corporate store front located at: http://solareninternational.com/
- This policy is created to maintain PRODUCT VALUE and INTEGRITY in the retail industry.
- All advertised prices in any media “CANNOT” be any less than the MSRP.
PARTIES: The WHOLESALER and RETAILER
WHOLESALE PRICING
WHOLESALER agrees to sell case lot product to RETAILER at discounts established by Solaren International™.
All WHOLESALE AND RETAIL SELLERS must have a completed Agreement on file with Solaren International™ that contains accurate and valid contact information, such as: company name, company administrative contact, email, telephone number and complete address.
RETAILER agrees to purchase at stated price and agrees to STRICTLY “MAINTAIN AND ADHERE” to the MAPP for all Products at all times. Failure to strictly adhere to the MAPP for the products will be deemed grounds to terminate this agreement in its entirety IMMEDIATELY by WHOLESALER upon written notice to the RETAILER and without refund for PRODUCT purchased. Additionally, damages may be charged to RETAILER if the entire Agreement set here within is not adhered.
AGREEMENT TERM
The length of this agreement shall be in effect INDEFINITELY, unless notified in writing by EITHER PARTY.
HEALTH CLAIMS
It is understood that NO HEALTH CLAIMS can be made about PRODUCT that do not appear on the OFFICIAL WEBSITE http://solareninternational.com/. All advertising, sales, and marketing material must be approved and authorized by Solaren International ™. Failure to comply with these policies and procedures could result in the termination of this agreement and possible damages.
PAYMENT TERMS
Payment by credit card and/or company check is acceptable. Please note, any ordered product will not be shipped until the check is received, processed and cleared. This could result in significant delays in the shipping of ordered products.
Bill pay, bank to bank, can be established. We will provide our bank information for immediate payment to facilitate shipping your order.
TRADEMARKS AND NAMES
RETAILER acknowledges that all PATENTS, TRADEMARKS, and processes or documentation pertaining to Solaren International ™ and its PRODUCTS and the relevant exploitation rights are the exclusive property of Solaren International ™.
CLAIMS
WHOLESALER and RETAILERS shall not repeat or publish unsubstantiated claims regarding health or curative benefits of any Solaren International ™ Product. Solaren International ™ Products are sold as a Nutritional Supplement only and are not meant to diagnose, treat or cure any disease or condition.
ACCEPTANCE
By distributing / selling any Solaren International ™ Product in any fashion, DISTRIBUTOR / SELLER / RETAILER agree to be bound by this AGREEMENT. If DISTRIBUTOR / SELLER / RETAILER does not agree with these terms in any way they should remove all product offerings immediately.
MISCELLANEOUS PROVISIONS
a) If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.
b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale will be payable by the Retailer.
c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT.
d) To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in Lee, FL, U.S.A. and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
e) This Agreement shall be governed and construed in accordance with the laws of FL, U.S.A. applicable to agreements made and to be performed in FL, U.S.A. You agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in Lee, FL, U.S.A. under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
g) Any cause of action or claim you may have with respect to the website, the products or the services must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Program Operator’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. The Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
h) The Program Operator may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
i) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.