ammex corporation authorized reseller policy for the united states

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

1. Authorized Customers. Reseller is authorized to sell Products only to End Users in the United States. An “End User” is any purchaser of the Merchandise who is the ultimate user of the Merchandise (whether for business or consumer use) and who does not intend to resell the Merchandise to any third-party. Reseller shall not sell or transfer Products to any person or entity Reseller knows or has reason to know intends to resell the Products. Reseller shall not sell, ship, or promote the Products outside the United States of America without AMMEX’s prior written consent.
2. Online Sales.
   1. Reseller 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 Reseller that:
      1. 1. is operated by Reseller in Reseller’s legal name or registered fictitious name;
         2. is not a third-party storefront on an online marketplace, classified, dropship, or similar third-party operated platform (including, but not limited to, eBay, Amazon, Alibaba, Walmart Marketplace, Newegg.com, Overstock.com, Craigslist.com, and Facebook Marketplace);
         3. if Reseller does not have a direct purchasing relationship with AMMEX, has been registered through the AMMEX Corporation Reseller Website Registration Form found at https://info.ammex.com/AMMEX-Corporation-Reseller-Website-Registration-Form; and
         4. 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.
      If Reseller does not have a direct purchasing relationship with AMMEX, Reseller agrees to promptly notify AMMEX of any change to the information submitted on its AMMEX Corporation Reseller Website Registration Form by reregistering with AMMEX at https://info.ammex.com/AMMEX-Corporation-Reseller-Website-Registration-Form.
   2. Reseller 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 Reseller to market and sell Products on the Permissible Public Websites, and Reseller must cease all such marketing and sales on the Permissible Public Websites immediately upon notice of such termination. The terms of this Reseller Policy supersede any prior agreement between AMMEX and Reseller regarding the sale of the Products online. Any authorization previously granted to Reseller by AMMEX to sell the Products on or through a website, mobile application, or other online forum is revoked.
3. Sales Practices. Reseller 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. Reseller shall not make any warranties or representations concerning the Products except as expressly authorized by AMMEX. Reseller shall comply with all applicable laws, rules, regulations, and policies (a) applicable to Reseller’s business and/or (b) related to the marketing and sale of the Products. Reseller 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. Reseller shall not advertise Products not carried in inventory. Reseller must represent that Reseller is an Authorized Reseller of the products in all advertising & sales collateral.
4. Product Care, Customer Service, and Other Quality Controls. Reseller 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. Reseller 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”). Reseller 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 Reseller’s status as an Authorized Reseller. All goodwill arising from Reseller’s use of the AMMEX IP shall inure solely to the benefit of AMMEX [AMMEX or its licensors].
   2. Reseller’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, Reseller’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. Reseller 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. Reseller 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 Reseller 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 Reseller’s status as an Authorized Reseller with written or electronic notice. Upon termination of a Reseller’s status as an Authorized Reseller, Reseller shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Reseller is an Authorized Reseller 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 Reseller Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and Reseller’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 Reseller will be deemed Reseller’s acceptance of the amendments.
8. Confidentiality. This Reseller 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 resellers 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. Reseller acknowledges and agrees that Reseller 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. Reseller will not disparage, or post anything that creates negative goodwill about any products, brands, content, and/or persons affiliated with or employed by AMMEX. All messaging must be consistent with AMMEX guidelines.
3. Anonymous sales are prohibited. Reseller’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. Reseller 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. Reseller must publish and maintain a publicly accessible privacy policy on the Permissible Public Website(s).
6. Reseller must ensure industry-standard eCommerce 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 embed rights to Reseller only for use on the Permissible Public Website(s), and not on any third-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 Reseller shall use reasonable efforts to address all customer feedback and inquiries received in a timely manner. Reseller 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. Reseller must cooperate with AMMEX in the investigation of any negative online review associated with Reseller’s sale of the Products and to use reasonable efforts to resolve any such reviews. Reseller 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 Reseller to disclose identifying information about Reseller’s customers to AMMEX.
9. Reseller 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. Reseller may not alter original Product packaging or Products in any way prior to reselling Products. Without limiting the generality of the foregoing, Reseller may not translate, remove, or modify the contents of any label or literature on or accompanying the Products, nor may Reseller 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. Reseller must be able to use the standard set of AMMEX supplied data in product data feeds that Reseller distributes to third-party advertising venues unless prior written permission is obtained from AMMEX.
3. Reseller 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, Reseller must not resell any such defective Products.
4. Reseller may resell Products which have been returned in unopened but damaged packaging or opened but unused condition, provided Reseller clearly and accurately advertises the condition of such Products as being “open box,” “damaged packaging,” or of similar condition. In any event, Reseller may not resell Products which contents which have been used by End Users (i.e., gloves which have been worn).
5. Reseller 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. Reseller must not re-SKU, bundle, or unbundle Products, including in Reseller’s online assortments & data feeds, without receiving prior written permission from AMMEX.
7. Reseller agrees 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”), Reseller 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, Reseller should reduce the transaction quantity to below the applicable Serialized Bulk Products threshold.
8. Reseller must cooperate with AMMEX with respect to any Product recall or consumer safety information dissemination efforts.
9. Reseller 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. Reseller 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. Reseller 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. Reseller 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. Reseller 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 Reseller’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 Reseller’s.
14. Reseller 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. Reseller 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.