Authorized Reseller Policy
This Authorized Reseller Policy (the “Policy”) governs M & Y Trading’s, dba The Beadsmith, (“The Beadsmith”, “we” or “us”) authorization of You as an authorized reseller of Beadsmith branded products. By purchasing Beadsmith branded products from The Beadsmith for resale, You accept the terms and conditions contained in this Policy.
1. Authorized Reseller Status.
Subject to your adherence to these terms and conditions and written approval by The Beadsmith, The Beadsmith authorizes You to be an authorized reseller of Beadsmith branded products (“Authorized Reseller”). As an Authorized Reseller, you may also qualify for certain
Beadsmith benefits, including, but not limited to, promotions, information, materials, and/or services. The Beadsmith has the right, at any time and for any reason, to terminate Your status as an Authorized Reseller and to terminate any associated benefits.
2. Sales to End Users.
You may offer for sale and sell Beadsmith branded products to End Users. “End Users” are defined as customers who purchase Beadsmith branded products for personal use and/or to repurpose Beadsmith branded products into different goods for resale. Any offers or sales to customers who are not End Users must be preapproved in writing by The Beadsmith.
3. Unauthorized Sales.
You may only offer and sell Beadsmith branded products to customers as authorized under Section 2 of this Policy. You may not offer, advertise, or sell Beadsmith branded products through e-commerce marketplaces, including, but not limited to, Amazon.com, Alibaba.com, Wish.com, Walmart.com without the prior written consent of The Beadsmith. Beadsmith branded products sold to unauthorized purchasers and Beadsmith branded products sold through unauthorized channels may not be eligible for certain Beadsmith benefits. If you become aware, or reasonably suspect, any purchaser is purchasing and reselling or distributing Beadsmith branded products in a manner not authorized by The Beadsmith, You will immediately notify The Beadsmith in writing by sending an email to support@beadsmith.com; and, if applicable, take such other action as reasonably requested by The Beadsmith.
4. Product Sourcing.
You may only purchase Beadsmith branded products for resell from The Beadsmith.
5. Quality Control Measures.
To protect The Beadsmith’s goodwill and ensure product quality, product authenticity, and a positive customer experience:
- You must inspect Beadsmith branded products upon receipt and during storage for damage, defect, evidence of tampering, or another non-conformance. If You identify any nonconformance, please report the non-conformance to The Beadsmith at support@beadsmith.com.
- You must not alter UPC codes or any other identifying information on Beadsmith branded products or their original packaging except for purposes of bundling, kitting, and/or breaking down Beadsmith branded products into discrete units for resale.
- You must not remove or modify the contents of any label or literature on or accompanying a Product except for purposes of translation.
- You must cooperate with The Beadsmith in any recall of Beadsmith branded products or other consumer safety communications.
- You must convey policy updates and other information for the Beadsmith branded products to Your customers upon request by The Beadsmith.
- You must not advertise non-Beadsmith products as Beadsmith branded products.
- You must not advertise, market, display, or demonstrate non-Beadsmith products with Beadsmith branded products in a manner likely to cause consumers to confuse the source of Beadsmith branded products.
6. Information and Reports.
You must maintain accurate and up-to-date information regarding Your adherence to this Policy. If any significant quantity of Beadsmith branded products You purchase are lost or stolen, You must promptly report such event to The Beadsmith.
7. Customer Service.
Your sales personnel must be trained to accurately describe and sell each Beadsmith branded product kept in your Inventory. You must present Beadsmith branded products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of The Beadsmith.
8. Warranty Disclaimer.
THE BEADSMITH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE. THE BEADSMITH SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS.
9. Compliance with Applicable Laws.
You must comply with all applicable laws, rules, regulations, and policies related to advertising, sales, and marketing of Beadsmith branded products.
10. Minimum Advertised Price (MAP) Policy.
The Beadsmith has a MAP Policy that applies to all Authorized Resellers within the United States. If You are an Authorized Reseller within the United States, You must comply with The Beadsmith’s MAP Policy.
11. Beadsmith Brand Materials.
The Beadsmith owns all proprietary rights in and to trademarks, service marks, trade dress, copyrights, and other intellectual property rights associated with The Beadsmith and Beadsmith branded products (collectively the “Beadsmith Brand Materials”). You must receive prior written approval from The Beadsmith to use the Beadsmith Brand Materials, and only use the Beadsmith Brand Materials as authorized by The Beadsmith. All goodwill arising from Your use of the Beadsmith Brand Materials shall inure solely to the benefit of The Beadsmith.
12. Termination.
If You fail to abide by any term or condition of the Policy, The Beadsmith may immediately terminate its relationship with You and refuse to sell You Beadsmith branded products, The Beadsmith may also terminate or suspend Your status as an Authorized Reseller, along with all benefits associated with being an Authorized Reseller. Upon termination, for any reason, You must immediately stop representing Yourself as an Authorized Reseller, disclaim all benefits (including coverage under original manufacturer’s warranties) associated with being an Authorized Reseller, and stop use of and return all information and materials that may give the impression You have any affiliation with The Beadsmith.
13. Miscellaneous.
The Beadsmith reserves the right to update, amend, or modify this Policy at any time. Unless otherwise provided, such amendments will take effect immediately and Your continued use, advertising, offering or sale of Beadsmith branded products, use of the Beadsmith Brand Materials, or use of any other information or materials provided by The Beadsmith to You as an Authorized Reseller will be deemed Your acceptance of the amendments. This Policy is not intended to prejudice The Beadsmith’s rights to pursue alternative or additional measures available to it under the relevant laws.
14. Contact Us.
If You have any questions about this Policy, please contact us at: M & Y Trading, dba The Beadsmith | 37 Hayward Avenue | Carteret, New Jersey 07008
PH: 732-969-5300 | policies@beadsmith.com