ammex corporation authorized distributor policy for the united states

This AMMEX Corporation Authorized Distributor Policy for the United States (“Distributor Policy”) is issued by AMMEX Corporation (“AMMEX”) and applies to Authorized Distributors of AMMEX^®, AMMEX^® PROFESSIONAL, GLOVEWORKS^®, X3^®, and GLOVEPLUS^® branded products (“Product(s)”) in the United States of America. By purchasing Products from AMMEX for resale to End Users (as defined below) and distribution to Authorized Resellers (as defined below), you (“Distributor”) agree to adhere to the following terms. This Distributor Policy supplements any then-current wholesaler or distribution agreement between you and AMMEX. Distributor agrees to adhere to all of the obligations described in any Distribution Agreement or similar agreement entered into between Distributor and AMMEX. Until such status is otherwise revoked by AMMEX in AMMEX’s sole and absolute discretion, Distributor shall be considered an “Authorized Distributor.” AMMEX may review Distributor’s activities for compliance with this Distributor Policy, and Distributor agrees to cooperate with any such investigation, including, but not limited to, permitting inspection of Distributor’s facilities and records related to the sale of the Products.

1. Authorized Customers.
   1. Distributor is authorized to sell Products purchased from AMMEX to End Users (as defined below) and Authorized Resellers (as defined below) in the United States.
   2. An “End User” is any purchaser of the Products who is the ultimate user of the Products (whether for business or consumer use) and who does not intend to resell the Products to any third party.
   3. An “Authorized Reseller” is an individual or business entity that:
      1. 1. purchases Products from AMMEX or an AMMEX Authorized Distributor and resells the Products as part of a commercial enterprise;
         2. has received and abides by the AMMEX Corporation Authorized Reseller Policy for the United States (“Reseller Policy”); and
         3. has not had its Authorized Reseller status revoked by AMMEX or been identified by AMMEX as ineligible to become an Authorized Reseller.
   4. If any customer or prospective customer of Distributor that purchases or seeks to purchase Products for purposes of resale is not yet an Authorized Reseller, Distributor shall immediately provide the Reseller Policy to such customer/prospective customer. If such customer/prospective customer accepts the terms in the Reseller Policy, Distributor may thereafter sell Products to such customer, which shall thereafter be an Authorized Reseller unless and until AMMEX revokes such status. Authorized Resellers are determined by AMMEX in its sole discretion. A copy of the currently-effective Reseller Policy is available for download at https://www.ammex.com/reseller-policy
   5. Notwithstanding anything to the contrary in this Distributor Policy, Distributor shall not sell Products to any entity that operates a third-party marketplace website, including, but not limited to, Amazon, Walmart, or Target.
   6. Distributor shall cease or suspend sales to any customer promptly upon request of AMMEX.
   7. Distributor shall not sell, ship, or promote the Products outside of the United States of America or to anyone Distributor knows or has reason to know intends to sell, ship, or promote the Products outside of the United States of America without AMMEX’s prior written consent.
   8. Distributor shall distribute policies, updates to policies, Product information, educational materials, and other information to its Authorized Reseller customers as requested by AMMEX from time to time.
2. Online Sales
   1. Distributor is authorized to offer for sale and sell Products through Permissible Public Websites in accordance with the terms herein. A “Permissible Public Website” is a publicly accessible ecommerce enabled webpage hosted on a website owned and operated by Distributor that:
      1. is operated by Distributor in Distributor’s legal name or registered fictitious name;
      2. is not a third-party storefront on an online marketplace, classified, dropship, or similar third-party operate platform (including, but not limited to, eBay, Amazon, Alibaba, Walmart Marketplace, Newegg.com, Overstock.com, Craigslist.com, and Facebook Marketplace); and
      3. is operated in compliance with the terms and conditions set forth in the AMMEX Corporation Online Sales Guidelines, attached as Exhibit A, as AMMEX may amend from time to time.
   2. Distributor shall not offer for sale or sell Products on or through any website, online marketplace, mobile application, or other online forum other than a Permissible Public Website without the prior written consent of AMMEX.
   3. AMMEX reserves the right to terminate, at any time and in its sole discretion, its approval for Distributor to market and sell Products on the Permissible Public Websites, and Distributor must cease all such marketing and sales on the Permissible Public Websites immediately upon notice of such termination.
   4. The terms of this Distributor Policy supersede any prior agreement between AMMEX and Distributor regarding the sale of the Products online. Any authorization previously granted to Distributor by AMMEX to sell the Products on or through a website, mobile application, or other online forum is revoked.
3. Sales Practices. Distributor shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Distributor shall not make any warranties or representations concerning the Products except as expressly authorized by AMMEX. Distributor shall comply with all applicable laws, rules, regulations, and policies (a) applicable to Distributor’s business and/or (b) related to the marketing and sale of the Products. Distributor shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of AMMEX or the Products. Distributor shall not advertise Products not carried in inventory. Distributor must represent that distributor is an Authorized Distributor of the products in all advertising & sales collateral.
4. Product Care, Customer Service, and Other Quality Controls. Distributor shall comply with the AMMEX Corporation Product Care, Customer Service, and Other Quality Controls, attached as Exhibit B, as AMMEX may amend from time to time.
5. Intellectual Property.
   1. Distributor acknowledges and agrees that AMMEX or its licensors own all proprietary rights in and to the Product brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “AMMEX IP”). Distributor is granted a limited, non-exclusive, non-transferable, revocable license to use the AMMEX IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of Distributor’s status as an Authorized Distributor. All goodwill arising from Distributor’s use of the AMMEX IP shall inure solely to the benefit of AMMEX or its licensors.
   2. Distributor’s use of the AMMEX IP shall be in accordance with any guidelines that may be provided by AMMEX from time to time, including AMMEX’s Intellectual Property and Branding Guidelines available at https://www.ammex.com/ip-and-branding-guidelines/. AMMEX reserves the right to review and approve, in its sole discretion, Distributor’s use or intended use of the AMMEX IP at any time, without limitation. To ensure compliance with Seller’s policies, you must only use approved marketing materials, including images and descriptions, for all Merchandise, and must ensure that all Merchandise images and descriptions are accurate and up to date.
   3. Distributor shall not create, register, or use any business name, domain name, social media screenname, or mobile application name that contains any AMMEX Product name or any trademark owned by or licensed to AMMEX, nor a misspelling or confusingly similar variation of any AMMEX Product name or any trademark owned by or licensed to AMMEX. Distributor may not conduct any public relations campaigns that cite, show, or communicate anything about AMMEX without AMMEX’s written permission, which permission can be refused. In no case will Distributor take any action that is in conflict with AMMEX’s rights in or ownership of any Product brand, trademark, copyright, or other intellectual property right.
6. Termination. AMMEX reserves the right to terminate Distributor’s status as an Authorized Distributor with written or electronic notice. Upon termination of a Distributor’s status as an Authorized Distributor, Distributor shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Distributor is an Authorized Distributor of AMMEX Products or has any affiliation whatsoever with AMMEX; and (iii) using all AMMEX IP.
7. Modification. AMMEX reserves the right to update, amend, or modify this Distributor Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and Distributor’s continued use, advertising, offering for sale, or sale of the Products, use of the AMMEX IP, or use of any other information or materials provided by AMMEX to Distributor will be deemed Distributor’s acceptance of the amendments.
8. Confidentiality. This Distributor Policy, and its attachments constitute confidential, proprietary information of AMMEX and shall not be used for any purpose other than the authorized advertising and sale of the Products nor disclosed to any third party without the prior written consent of AMMEX.

EXHIBIT A AMMEX CORPORATION ONLINE SALES GUIDELINES

1. The Permissible Public Website(s) must not appear to be operated by AMMEX or any third-party.
2. AMMEX wants to engage with its distributors through social media. AMMEX encourages following/liking and will reciprocate in kind. AMMEX content must be shared and may not be copied and pasted without violating copyright guidelines. Distributor acknowledges and agrees that Distributor will not take any action that is in conflict with AMMEX’s rights in or ownership of any Product brand, trademark, copyright, or other intellectual property right. Distributor will not disparage, or post anything that creates negative goodwill about any products, brands, content, and/or person’s affiliated with or employed by AMMEX. All messaging must be consistent with AMMEX guidelines.
3. Anonymous sales are prohibited. Distributor’s full legal name or registered fictitious name, mailing address, email address, and telephone contact must be stated conspicuously on the Permissible Public Website(s) and must be included with any shipment of Products from the Permissible Public Website(s) or in an order confirmation email sent at the time of purchase.
4. Distributor must ensure compliance of the Permissible Public Website(s) with all applicable privacy, accessibility, and data security laws, regulations, and industry standards, including Payment Card Industry (“PCI”) compliance.
5. Distributor must publish and maintain a publicly accessible privacy policy on the Permissible Public Website(s).
6. Distributor must ensure industry-standard e-commerce security and fraud protection measures are in place for the Permissible Public Website(s), including two-factor authentication, authorized territory shipping restrictions, and customer fraud resolution procedures.
7. AMMEX Product videos are the property of AMMEX. AMMEX grants imbed rights to Distributor only for use on the Permissible Public Website(s), and not on any 3rd party websites at any time. Embedded videos must be embedded in their entirety and may not be edited. All videos embedded must be on accessible, family friendly websites and available free of charge.
8. The Permissible Public Website(s) must have a mechanism for receiving customer feedback, and Distributor shall use reasonable efforts to address all customer feedback and inquiries received in a timely manner. Distributor agrees to provide copies of any information related to customer feedback (including any responses to customers) regarding the Products to AMMEX for review upon request. Distributor must cooperate with AMMEX in the investigation of any negative online review associated with Distributor’s sale of the Products and to use reasonable efforts to resolve any such reviews. Distributor must maintain all records related to customer feedback for a period of one (1) year following the creation or submission of such a record, to the extent legally permitted. Nothing in this paragraph shall be construed to require Distributor to disclose identifying information about Distributor’s customers to AMMEX.
9. Distributor is responsible for all fulfillment to its customers who order Products through Permissible Public Website(s), any applicable taxes associated with such purchases of Products, and any returns of Products.

EXHIBIT B AMMEX CORPORATION PRODUCT CARE, CUSTOMER SERVICE, AND OTHER QUALITY CONTROLS

1. Distributor may not alter original Product packaging or Products in any way prior to reselling Products. Without limiting the generality of the foregoing, Distributor may not translate, remove, or modify the contents of any label or literature on or accompanying the Products, nor may Distributor tamper with, deface, or otherwise alter any serial number, UPC code, lot code, or other identifying information on the Products. Removing Products from packaging and reselling Products in a different packaging or under a different name is strictly prohibited.
2. Distributor must be able to use the standard set of AMMEX supplied data in product data feeds that Distributor distributes to 3rd party advertising venues unless prior written permission is obtained from AMMEX.
3. Distributor must promptly inspect Products upon receipt for visible damages, evidence of tampering, or other non-conformance, and must notify Ammex of any such defects by notifying AMMEX customer service. In any event, Distributor must not resell any such defective Products.
4. Distributor may resell Products which have been returned in unopened but damaged packaging or opened but unused condition, provided Distributor clearly and accurately advertises the condition of such Products as being “open box,” “damaged packaging,” or of similar condition. In any event, Distributor may not resell Products which contents which have been used by End Users (i.e., gloves which have been worn).
5. Distributor must comply with instructions provided by AMMEX regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels. Except as provided in any such more specific instructions, Products must be stored in cool temperatures, away from direct sunlight, intense artificial light, x-ray machines, and other sources of ozone.
6. Distributor must not re-SKU, bundle, or unbundle Products, including in Distributor’s online assortments & data feeds, without receiving prior written permission from AMMEX.
7. Distributor agree to reasonably cooperate with AMMEX in preventing unauthorized exportation of Products and any Product tracking systems that may be implemented from time to time. For Products which incorporate an individualized numerical designation (e.g. serial number) and which are sold in bulk, defined as four (4) or more units in a single transaction, or ten (10) or more units purchased by the same individual within thirty (30) days (“Serialized Bulk Products”), Distributor shall endeavor to request the following information: customer name, customer address, customer phone, product serial numbers, and dates of transaction. The customer information is not required to be transferred to AMMEX; however, it should be used to identify suspicious purchase patterns. In the event the customer refuses to provide such information, Distributor should reduce the transaction quantity to below the applicable Serialized Bulk Products threshold.
8. Distributor must cooperate with AMMEX with respect to any Product recall or consumer safety information dissemination efforts.
9. Distributor must report to AMMEX any customer complaint or adverse claim regarding the Products and assist AMMEX in investigating any such complaints or adverse claims.
10. Distributor must cooperate with AMMEX in the investigation and resolution of any quality or customer service issues related to the sale of the Products, including disclosing information regarding Product sources, shipment, and handling.
11. Distributor will not advertise, market, display, or demonstrate non-AMMEX products together with Products in a manner that would create the impression that the non-AMMEX products are made by, endorsed by, or associated with AMMEX.
12. Distributor must be familiar with the special features of the Products marketed for sale and obtain sufficient knowledge to advise customers on the selection of the Products, as well as any applicable guarantee or return policy. Distributor must be available to respond to customer questions and concerns both before and after the sale of the Products and respond to customer inquiries promptly.
13. Except for a drop-shipping arrangement whereby AMMEX or an AMMEX-approved third party ships Products on Distributor’s behalf to customers who order Products, under no circumstances permit orders to be fulfilled in any way that results in the shipped Products coming from inventory other than Distributor’s.
14. Distributor must ensure that any third-party logistics provider engaged to store inventory of the Products is aware of and complies with all Product quality controls and customer service standards described herein or otherwise conveyed by AMMEX. Distributor must ensure that any such third-party logistics provider stores all inventory of Products segregated by seller such that no Products provided to the third-party logistics provider are commingled with those owned by any third party. AMMEX reserves the right to request additional information regarding the use of third-party logistics providers and prompt provision of such information to AMMEX is required. Cooperate with AMMEX in investigating any concerns related to the Products that may relate to the use of a third-party logistics provider.