RESALE POLICY

Last update: January 01, 2023.

EGO MARKED (the "Company") hereby adopts this Reseller Policy (the "Policy") and requires each person, company or entity (as applicable, a "Reseller") that purchases products from EGO MARKED (the "Products") for resale or other distribution to agree to comply with this Policy.

Any Reseller who fails to comply with this Policy shall be deemed an unauthorized reseller of the Products, and as such, shall not be entitled to (i) sell the Products, (ii) use EGO MARKED's intellectual property, including any of its trademarks or copyrights, or (iii) offer EGO MARKED's consumer warranty applicable to any of the Products.

EGO MARKED is committed to working with customers to facilitate the sale of EGO MARKED products through e-commerce channels. EGO MARKED maintains a Reseller Policy to protect EGO MARKED's brand and intellectual property, as well as authorized channel partners. This policy is also in place to protect end customers, ensuring they receive accurate product information, pricing and warranty protection that meets EGO MARKED's standards. Finally, the policy works to ensure fair competition among distributors, as well as to support those who have invested in stocking and marketing EGO MARKED products and abide by EGO MARKED's policies and programs. EGO MARKED will interpret and apply this policy at its sole discretion. To be considered an Authorized Distributor ("Distributor"), you must meet the following requirements:

 SELL ONLY ON APPROVED WEBSITES

Unless otherwise explicitly authorized in writing by EGO MARKED after the effective date of this policy, Resellers may only take orders through websites owned and operated by their EGO MARKED. Selling on third party marketplaces, dropship accounts, or classifieds sites is strictly prohibited.

Maintain accurate brand and product information.

Maintain proper use of all EGO MARKED trademarks.

Sell the product only in its original packaging.

Do not duplicate or develop different UPCs to differentiate a product.

PRODUCT PACKAGING AND DISPLAY

Distributors shall sell the Products in their original packaging. Re-labeling, re-packaging (including separating packaged products or bundling of products), or other alterations to the Products or their packaging is not permitted. Tampering with, defacing or otherwise altering any serial number, UPC code, lot code, SKU or other identifying information on the Products or their packaging is prohibited. Reseller may not remove, translate or modify the content of any label or literature accompanying EGO MARKED Products. Reseller may not advertise, market, display or demonstrate non-EGO MARKED Products in conjunction with the Products in a manner that may create the impression that the non-EGO MARKED Products are manufactured by EGO MARKED, endorsed by EGO MARKED or associated with EGO MARKED.

SELL ONLY TO END USERS

Only resellers who purchase products directly from EGO MARKED or an authorized EGO MARKED distributor are authorized to resell products under this policy.

Authorized resellers must not sell EGO MARKED products to other resellers. EGO MARKED recognizes that sales to e-commerce resellers may inadvertently occur from time to time. Therefore, in the event that you inadvertently transact with other e-commerce resellers, you must disclose the details of such transactions (e.g., when and to whom such products were sold) so that EGO MARKED can enforce this policy.

Sellers who transact EGO MARKED products through e-commerce and who have not purchased the product directly from EGO MARKED or an authorized EGO MARKED distributor are not authorized to sell EGO MARKED products online or use EGO MARKED trademarks, copyrights, images or product information. EGO MARKED reserves the right to take enforcement action against the seller and supplier of the product for this policy.

DISCLOSE ALL NAMES AND PROPERTIES OF SELLERS

Maintain accurate and up-to-date EGO MARKED information and disclose all outlets, web properties, temporary storefronts and vendor names in all channels directly to EGO MARKED. Any vendor transacting through e-commerce must report all websites and vendor names advertising or marketing EGO MARKED products to support@egomarked.com.

Providing e-commerce sales data upon request

Upon request, provide e-commerce point-of-sale sales data by UPC and web property.

LEGAL COMPLIANCE

Resellers acknowledge that they will comply with all applicable laws, rules and regulations relating to the advertising, sale and marketing of EGO MARKED products, including, but not limited to:

Do not make false or misleading claims or engage in deceptive sales tactics.

If you send e-mails to customers, comply with all privacy policy laws.

If you maintain an online presence, you must post a privacy policy and comply with it.

EXECUTION

Resellers who fail to comply with any of the terms of this policy will be subject to enforcement action at EGO MARKED's discretion, including, but not limited to:

Loss of authorization to sell EGO MARKED products online.

Loss, termination or non-renewal of rebate incentives, commissions or other marketing funds from EGO MARKED.

Suspension of shipments.

Permanent termination of Reseller accounts with EGO MARKED.

Resellers may not circumvent any term of this policy by any means. EGO MARKED will interpret any violation of this policy in its sole discretion. No failure or delay in enforcing this policy shall be deemed a waiver of right. EGO MARKED reserves the right to modify this policy at any time.

ADVANTAGES FOR AUTHORIZED DISTRIBUTORS

Resellers who comply with all facets of this policy will be considered authorized to sell EGO MARKED products in e-commerce, provided they maintain consistent adherence to the policy. Authorized Resellers understand that they do not have any ownership rights to EGO MARKED trademarks or other intellectual property, but are authorized to use EGO MARKED trademarks, copyrights, images and product information for the sole purpose of reselling EGO MARKED products.

APPLICABILITY

This Policy applies to all resales of the Products. Regardless of where the Products were acquired, whether directly from EGO MARKED, through an authorized distributor, or some other method of acquisition, a Reseller must comply with the terms of this Policy.

HANDLING AND STORAGE

Reseller agrees to handle and store the Products safely and in accordance with EGO MARKED's storage and handling guidelines. The reseller shall ensure that the Products it purchases are stored in secure, climate-controlled warehouses.

TRADEMARKS; COPYRIGHT

Resellers who comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use EGO MARKED's trademarks and copyrights in connection with the sale of the Products. Reseller shall not alter, modify or change any trademark or copyright, or use any trademark or copyright other than for the promotion and sale of the Products, or use any trademark or copyright in any manner that adversely affects such trademark or copyright or EGO MARKED. Failure to comply with the Policy will result in automatic revocation of the license granted herein and forfeiture of all rights granted herein. EGO MARKED reserves the right to revoke this license at any time for any reason or no reason.

LOCATIONS / REPORTS

Reseller agrees to keep track of the Products it purchases and to store such Products in locations that comply with this Policy. Upon EGO MARKED's request, Reseller will provide EGO MARKED with (a) a list of all storage locations used by Reseller, (b) an inventory of the Products maintained at each such storage location, and (c) physical access for EGO MARKED to conduct an inventory to confirm the quantities and locations of Products at the locations indicated by Reseller.

PRODUCT INSPECTION

Immediately upon receipt of the Products, Reseller agrees to inspect the Products for damage, defects, signs of tampering or other nonconformities (a "Defect"). If any Defect is identified, Reseller must not offer the Product for sale and must immediately report the Defect to EGO MARKED.

RECALL AND CONSUMER SAFETY

To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with EGO MARKED in connection with any Product recalls or other consumer safety information dissemination efforts.

CUSTOMER SERVICE

Reseller will maintain telephone and email customer service response functions to handle customer complaints, returns and other customer service functions. Upon EGO MARKED's request, Reseller will provide any reports or other information related to such customer support services.

LOSS AND THEFT OF PRODUCTS

In case of loss or theft of a significant quantity of Products purchased by the Reseller, the Reseller shall immediately inform EGO MARKED.

REPORTING OF UNAUTHORIZED RESELLERS

If Reseller has information or reasonably suspects that any person is purchasing and reselling or distributing Products in a manner not authorized by EGO MARKED or in violation of this Policy, Reseller shall immediately notify EGO MARKED.

MANUFACTURER'S WARRANTY SUPPORT

Reseller may extend to any appropriate purchaser of the Products the original manufacturer's warranty on its terms. Reseller may not modify or alter the original manufacturer's warranty, represent or characterize the original manufacturer's warranty in a misleading manner, or extend its own warranty in connection with the Products. Failure to comply with this Policy will result in the total loss of the Reseller's right to offer EGO MARKED's consumer warranty.

OTHER INFORMATION, DOCUMENTS AND REPORTS

Reseller shall provide EGO MARKED with any supplemental information, documents and reports that EGO MARKED may request to validate Reseller's compliance with this Policy and to support EGO MARKED's warranty and customer service support obligations and initiatives.

If you have any questions or concerns about this policy, please direct them to: support@egomarked.com