Terms effective 9/24/17
ITEMS PURCHASED. Alpine Valley, inc DBA Purity Petibles (Seller) agrees to offer to Retailer/Wholesale Distributor for sale on a non exclusive basis products currently listed on www.puritypetibles.com and available by logging into Retailer/Wholesale Distributor’s account.
PRICING AND ORDERS. Goods will be ordered at prices and quantities as available online and subject to the terms and conditions of sale and shipment established by the Seller from time to time and in effect at the time Seller accepts the order. The Seller reserves the right to change prices upon reasonable notice to Retailer/Wholesale Distributor for subsequent purchases. The Seller agrees to exercise commercially reasonable best efforts to supply Goods to the Retailer/Wholesale Distributor in a timely fashion.
SALE OF PRODUCTS. The Seller agrees to sell Goods at the prices indicated herein in accordance with order procedures as may be reasonably communicated by the Seller from time to time. The Seller may amend prices upon notice to Retailer/Wholesale Distributor, provided any such amendment shall reflect similar prices applicable to the Goods and contemporaneously offered to other Retailer/Wholesale Distributors similarly situated.
TAXES. The parties agree that payment of any taxes levied on the Goods (other than taxes based on income) shall be the Retailer/Wholesale Distributor's responsibility (including, without limitation, federal, state, local, use or similar taxes), and the Retailer/Wholesale Distributor shall report and pay such taxes to the appropriate taxing authority as required by law.
TITLE/RISK OF LOSS. All Goods shall be sent in accordance with the Sellers then current shipping policies, including, without limitation, the use of cartons bearing external artwork or labels as designated by the Seller. Retailer/Wholesale Distributor shall pay reasonable shipping costs in accordance with its shipping instructions, but the seller shall be responsible for packaging, shipping, and safe delivery and shall bear all risk of damage or loss until the goods are delivered to the Retailer/Wholesale Distributor's address.
WARRANTIES. Retailer/Wholesale Distributor shall be entitled to any manufacturer warranties generally offered in connection with the products, subject to their terms and enforceability. Alpine Valley, Inc DBA Purity Petibles warrants that the Goods shall be free of substantive defects in material and workmanship and in conformance with industry standards.
ALPINE VALLEY, INC DBA PURITY PETIBLES SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF ALPINE VALLEY, INC DBA PURITY PETIBLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INTELLECTUAL PROPERTY. Retailer/Wholesale Distributor shall obtain no right, title or interest in or to any of the proprietary rights of the Seller, Goods manufacturers or their licensors, including without limitation, rights in or to the trademarks, trade names, slogans, logos, copyrights and patents owned, registered, pending registration or used by any of them. Any such use of such intellectual property shall be by prior written consent and according to policies and guidelines communicated by the Seller.
RETAILER/WHOLESALE DISTRIBUTOR SHALL NOT PROMOTE, MARKET, ADVERTISE, OFFER TO SELL OR SELL ANY PRODUCT ON OR THROUGH ANY ONLINE MARKETPLACE OR AUCTION SERVICE (E.G., EBAY, AMAZON MARKETPLACE OR LIKE WEBSITES), EXCEPT AS MAY BE EXPRESSLY CONSENTED TO BY ALPINE VALLEY, INC DBA PURITY PETIBLES IN WRITING AND IN ADVANCE, AND IT BEING UNDERSTOOD THAT ALPINE VALLEY, INC DBA PURITY PETIBLES MAY WITHDRAW ITS CONSENT AT ANY TIME.
MAP POLICY. Alpine Valley, Inc DBA Purity Petibles is focused on maintaining high margins for our Retailer/Wholesale Distributor network. In recognition of the investment in time and resources required for our high-quality Retailer/Wholesale Distributor to provide the level of customer service and product knowledge expected from our customers, Alpine Valley, Inc DBA Purity Petibles is committed to enforcing policies which allow our Retailer/Wholesale Distributors to maintain high profit margins through the sale of our products. Alpine Valley, Inc DBA Purity Petibles has an established Minimum Advertised Price (MAP) Policy that an Authorized Retailer/Wholesale Distributor must follow for the advertising and marketing of Alpine Valley, Inc DBA Purity Petibles products. All Alpine Valley, Inc DBA Purity Petibles Authorized Retailer/Wholesale Distributor must agree to the terms and conditions of the following MAP Policy.
Alpine Valley, Inc DBA Purity Petibles’ MAP Policy Guidelines for Purity Petibles’ Products
MAP pricing for all Purity Petibles’ products can be found on your current pricing available by logging into your online account at www.puritypetibles.com. All advertised prices must be at or above MAP for all Purity Petibles’ products if a MAP price has been established by Alpine Valley, Inc DBA Purity Petibles. Authorized Retailer/Wholesale Distributor are not required to list prices in advertising. If a price is listed in an advertisement it must be at or above MAP. Other statements such as “call for price” or “call for quote” are acceptable and permitted.
Authorized Retailer/Wholesale Distributors are also responsible for ensuring their Purity Petibles’ pricing is at or above MAP on internet search engines. Authorized Retailer/Wholesale Distributors are free to set the actual resale price of any product as long as it is at or above MAP price given the most recent publication of the price listed online at www.puritypetibles.com. Alpine Valley, Inc DBA Purity Petibles’ MAP policy for all Purity Petibles products apply to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), internet placements on Authorized Retailer/Wholesale Distributor own website, and any flyers, posters or coupons.
From time to time, Purity Petibles may permit Authorized Retailer/Wholesale Distributor to advertise MAP Products at prices lower than the MAP price. In such events, Purity Petibles reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all Authorized Retailer/Wholesale Distributors of such changes.
PRICING STATEMENTS. Alpine Valley, Inc DBA Purity Petibles’ MAP Policy does allow Authorized Retailer/Wholesale Distributor to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”
Free Offers Associated with Alpine Valley, Inc DBA Purity Petibles’ Product
Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.
ALL PURITY PETIBLES’ PRODUCTS PRICE MATCHING POLICIES. Price matching policies are acceptable. Price matching cannot be used as a valid reason for violations of Alpine Valley, Inc DBA Purity Petibles’ MAP Policy. The advertised price must always be at MAP or higher.
FAILURE TO COMPLY WITH THE MAP POLICY. At the sole discretion of Alpine Valley, Inc DBA Purity Petibles’, failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of Authorized Retailer/Wholesale Distributor status and your ability to purchase all Purity Petibles’ products both direct as well as through distribution.
Alpine Valley, Inc DBA Purity Petibles utilize the following steps to resolve MAP violations:
Any and all Retailer/Wholesale Distributor selling Purity Petibles’ products which have not agreed to these terms are classified as Unauthorized Authorized Retailer/Wholesale Distributor.
Retailer/Wholesale Distributors of Alpine Valley, Inc DBA Purity Petibles required to provide a signed MAP agreement from any dealer selling Purity Petibles’ products. Unauthorized dealers should not be sold to or provided a feed from any distributor whatsoever.
Violations from Authorized Retailer/Wholesale Distributor will need to be corrected within 24 hours of notification.
FIRST VIOLATION. Authorized Retailer/Wholesale Distributor’s account will be put on hold temporarily and a written warning will be provided. MAP violations must be corrected within 24 hours. Upon correction and following 30 days of compliance, violation will then be cleared.
SECOND VIOLATION. Authorized Retailer/Wholesale Distributor’s account will be put on hold for 30 days.
THIRD VIOLATION. Authorized Retailer/Wholesale Distributor’s account will be put on hold for 180 days. After this duration, Alpine Valley, Inc DBA Purity Petibles review and determine if account is to be reinstated.
FOURTH VIOLATION. Should Alpine Valley, Inc DBA Purity Petibles decide to reinstate an Authorized Retailer/Wholesale Distributor who has previously demonstrated a third violation, yet violates a fourth time, the account will be unauthorized indefinitely.
***Alpine Valley, Inc DBA Purity Petibles will provide 14 days’ notice of any MAP or wholesale pricing changes. Pricing must be updated immediately upon receipt. ***
Alpine Valley, Inc DBA Purity Petibles places great value on the efforts of all Authorized Retailer/Wholesale Distributor to represent our products and support their customers. Our MAP policy is intended to encourage competition for the sale of Alpine Valley, Inc DBA Purity Petibles products in a manner that is consistent with the long-term interests of our customers.
We are sure that you share our commitment to customer satisfaction and as such, we ask that you acknowledge by agreeing to these MAP terms.
Thank you for your prompt attention to this matter, and your continued support for Alpine Valley, Inc DBA Purity Petibles products.