Resellers Policies and Requirements
GurglePot, Inc.
info@gurglepot.com | www.gurglepot.com
(253) 670-6240 | Fax: (253) 862-9282
28515 State Route 410 E, Buckley, WA 98321
GURGLEPOT RESELLER POLICIES AND REQUIREMENTS
These Reseller Policies and Requirements apply to all orders of products from GurglePot, Inc. (“GurglePot”) or one of its distributors by Resellers located in the U.S.A. accepted on or after September 1, 2017.
These Policies and Requirements may be amended by GurglePot from time to time. The current edition is reprinted at http://gurglepot.com/reseller_policies.htm and http://chirpytop.com/reseller_policies.htm, and may also be requested directly from GurglePot.
Introduction
GurglePot markets its products (“GurglePot products”) in the United States through a network of retail businesses (“Resellers”) that sell GurglePot products to consumers.
GurglePot strongly believes in the enduring strength of customer-oriented retail marketing. It therefore selects Resellers that will promote product awareness and interest from their consumers and will represent GurglePot products to customers in a positive way that will enhance the reputation and goodwill of GurglePot and its products.
These Policies and Requirements apply to all Resellers with an order address in the United States who order GurglePot products at wholesale for the purposes of resale to the public. Sales to Resellers are limited to bona fide commercial retailers whose status has been verified to GurglePot's satisfaction.
GurglePot reserves sole discretion to select the Resellers with whom it will deal. It will only sell GurglePot products at wholesale price discount to Resellers who adhere to these Reseller Policies and Requirements. GurglePot may unilaterally terminate the account of any Reseller who in GurglePot's sole opinion does not adhere to these Policies and Requirements, or otherwise diminishes GurglePot's brand or image because of the way GurglePot products are sold, serviced, depicted, or represented.
Retail Sales Only
Resellers are expected to resell GurglePot products directly to end-user consumers only, under the Reseller’s business name and through the Reseller’s retail sales channels.
Resellers may offer and resell GurglePot products from a physical retail store location open to the public (a “brick-and-mortar store”) or a non-public location (a “virtual store”) operated directly by or under the direction and control of the Reseller. Virtual stores include online stores on the Internet that display merchandise, with or without an online ordering mechanism, mail order catalogs, or telephone order facilities. The Reseller will be the seller of record identified to the consumer at the time of the transaction.
Specifically, but not exclusively, Resellers must not:
• Sell GurglePot products to or through other retailers or wholesalers for resale or consignment, or
• Offer or sell GurglePot products through third-party marketplaces, including online marketplaces such as eBay, Amazon, and Etsy, or other multi-vendor online stores, e-commerce websites, or catalogs.
Resellers may use third-party print, broadcast, or online media, including social media (such as Facebook, Twitter, and YouTube) to advertise and promote their retail sales of GurglePot products under the Reseller’s business name. .
Intellectual Property
GurglePot’s products, designs, brands, and business name are protected by intellectual property laws, patents, and registrations, including, as of the date of this document: US Copyright Registrations VA0001369147 (GurglePot ceramic sculpture) and VAu001214346 (ChirpyTop), US Trademark Registrations 3236808 (GurglePot) and 4929117 (ChirpyTop), US Patents 8985393 and D738217S, and trademark registrations in other countries. Additional intellectual property applications are pending.
Brand Management
A trademark can be a name, logo, slogan, or design – any word, symbol, or device used to identify a company’s products or services and distinguish them from those of other companies. Because trademarks are essential in building strong brands, they are extremely valuable assets. It is important that you use GurglePot trademarks carefully to prevent customer confusion about ownership and responsibility, and to protect the valuable investment GurglePot has made in its trademarks.
GurglePot applies the trademarks to each GurglePot product, product packaging, and collateral materials sold with the GurglePot product, as well as to display material used to advertise GurglePot products where they are being sold (“point-of-sale material”). Resellers must not remove, distort, or alter any element of GurglePot’s trademarks. Resellers must not add their own name and/or brand to GurglePot products, packaging (except for price tags), or collateral materials sold with GurglePot products without GurglePot’s express written permission. Resellers may add their name and brand to point-of-sale material as long as they do not obscure, remove, distort, or alter GurglePot’s trademarks.
Resellers must not use any GurglePot trademarks in their business name or in any other manner that falsely suggests an association with GurglePot other than their status as a Reseller of GurglePot products. Resellers must not adopt or use any trademarks that are confusingly similar to GurglePot’s trademarks. Resellers must exercise care to prevent non-GurglePot products from being associated with or attributed to GurglePot.
In advertising and other communications distributed in the United States, Resellers must follow each GurglePot trademark with the appropriate registered trademark symbol the first time it appears in text (GurglePot® pitchers; ChirpyTop® wine pourers). Resellers must not pluralize the trademark or use it as the generic designation of the product type.
In any communications in which Resellers incorporate trademark credit lines with other legal notices, the credit line for GurglePot trademarks should read, as appropriate for the products sold by Reseller: “GurglePot and ChirpyTop are trademarks of GurglePot, Inc., registered in the U.S. and other countries.”
GurglePot Electronic and Print Materials
All photographs, graphics, and text on GurglePot’s web pages and print communications, and electronic and print materials made available to Resellers are the exclusive intellectual property of GurglePot. Permission is granted to Resellers to use GurglePot photos, graphics, and text solely in connection with the retailing of GurglePot products and only when there is clear attribution to GurglePot. Upon request, Resellers must provide GurglePot with examples of its usage of GurglePot trademarks, photos, graphics, or text.
Retail Prices
GurglePot may provide a suggested retail price (MSRP) for GurglePot products. However, Resellers may sell GurglePot product s at any prices that they choose.
Terms and Conditions of Sale
GurglePot’s terms and conditions of sale, including but not limited to order minimums, shipping terms, return policies, etc. are contained in GurglePot’s Order Form, Invoices, and supplements to those documents.
Questions About These Policies and Requirements
Any questions about these policies and requirements should be addressed to Matt Ellison, GurglePot’s President. No other GurglePot employee, or any distributor or agent for GurglePot is authorized to resolve inquiries or issues concerning these policies and requirements, or alter them or make exceptions to them in any way.
Effective: September 1, 2017
