Desert Harvest works with brick & mortar stores, ecommerce stores and healthcare practitioners to supply customers with nutritional supplements and skincare.
If you are interested to resell Desert Harvest products, please read our Retailer Agreement terms and conditions below and information about minimums, free shipping minimums, payment options and to request a PDF version of this agreement to sign and return by contacting us at 800-222-3901 or 919-245-1853 or by email firstname.lastname@example.org
DESERT HARVEST RETAILER AGREEMENT
(Applicable to Brick & Mortar and Internet Direct to Consumer)
A. Desert Harvest has developed and continues to develop lines of nutritional supplements and skin care products which sell under the trademark "Desert Harvest™” and other trademarks owned by Desert Harvest (all trademarks of Desert Harvest are collectively referred to in this Agreement as, the "Marks").
B. Approved Retailer is a seller of nutritional supplements / skin care products who wishes to purchase Desert Harvest for resale as provided in this Agreement.
In consideration of the mutual promises of the parties stated in this Agreement, Desert Harvest and Approved Retailer agree as follows:
1) Appointment. Desert Harvest hereby grants to Approved Retailer the right to sell all products manufactured or distributed by Desert Harvest (the "Desert Harvest Products") subject to the terms and conditions of this Agreement.
2) Acceptance of Appointment. Approved Retailer hereby accepts Desert Harvest’s appointment and warrants that it is a retailer.
3) Restrictions on Sale. Subject to the other provisions of this Agreement, Approved Retailer agrees to restrict sales of Products directly to consumers and shall not directly or indirectly sell or otherwise distribute any Desert Harvest Product to any person or entity who is not a consumer. For purposes of this Agreement, Approved Retailer warrants that it:
(a) operates primarily from one or more physical retail locations open to the public;
(b) sells products solely to the end consumer and not for further resale;
(c) is restricted and will not sell Desert Harvest products on any 3P Website (3P Website is defined as “Third Party” website including but not limited to: Amazon.com, Overstock.com, Ebay.com, Newegg.com, Walmart.com, Groupon.com, Zullily.com, Nomorerack.com, Jet.com, Rakuten.com, etc...)
(d) does not sell any excess inventory of Desert Harvest Products to liquidators or similar parties;
(e) has received and acknowledged receipt of Desert Harvest’s Minimum Advertised Price (see below and/or request PDF) as may be in effect from time-to-time; and
(f) has complied and is in compliance with all policies of Desert Harvest including its Anti-Diversion policy applicable to retail outlets that offer Desert Harvest Products.
4) Anti-Diversion Policy. Sales by Approved Retailer to persons other than those specified in Section 3 shall be deemed a "Diversion" of Desert Harvest Products. Approved Retailer will not directly or indirectly sell any Desert Harvest Products to any person, who engages in any form of redistribution of Desert Harvest Products. Approved Retailer's violation of this Section will be a non-curable breach of this Agreement.
5) Alteration; Repackaging. Approved Retailer will not repackage, alter, nor knowingly distribute any repackaged or altered Desert Harvest Product, and will not in any way obliterate, deface or change any codes, symbols or other marks on such Desert Harvest Products, or on the Desert Harvest Products' packages or containers. Approved Retailer's violation of this Section will be a non-curable breach of this Agreement.
a) Payment Terms. All payments shall be prepaid by credit card or based on credit approval, terms are available. Please inquire about completing our credit application.
(b) Shipping Terms: FOB Hillsborough, NC 27278.
(c) Minimum purchase is 1 case (1 case = 6 units). Can mix same type SKUs (6 supplements or 6 skincare) to make 1 case minimum.
(d) Free shipping in the U.S. for orders over $300.
(e) Wholesale products are non-returnable / non-refundable. Wholesale sales are final.
DESERT HARVEST MINIMUM ADVERTISED PRICE POLICY ("MAPP")
1. Desert Harvest has decided to implement a minimum advertised price (“M.A.P.”) policy effective 1.1.2018. This M.A.P. policy is intended to promote superior customer service consistent with the brand image that Desert Harvest strives to have consumers associate with the Desert Harvest brand, and to insure customer satisfaction and goodwill.
2. This Policy has been unilaterally adopted by Desert Harvest and will be uniformly enforced unilateral action:
Desert Harvest is not seeking agreement from any reseller to adhere to this M.A.P. policy. It is entirely within the discretion of the reseller whether to comply or not comply.
3. Minimum Advertised Price:
(a) Retailers may advertise the sale of Desert Harvest products at or above Desert Harvest’s suggested retail price listed on www.desertharvest.com. Desert Harvest products not listed on www.desertharvest.com are not subject to this M.A.P. policy.
(b) The Desert Harvest products and M.A.P. may be changed from time to time at Desert Harvest’s sole discretion. Desert Harvest retailers must check the current pricing at www.desertharvest.com at least once a month to ensure that they are aware of Desert Harvest’s most current vendor policies, products and pricing.
4. Policy Coverage:
(a) This M.A.P policy applies to all retailers located in the United States that advertise the sale of Desert Harvest products
(b) This M.A.P policy applies only to advertised prices, is non-negotiable and will not be modified for any retailer. This M.A.P policy does not apply to the price charged by retailers to their customers.
(c) The M.A.P policy applies to all advertisements of Desert Harvest products identified on websites, line sheets, in all media including, without limitation, billboards, brochures, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, Internet or similar electronic media, television, radio and public signage.
(d) With respect to Internet advertising, this M.A.P. policy does not prohibit “click for price”, “view in cart” or similar website features whereby the consumers are able to view the actual retail price for Desert Harvest products offered by the retailer, even where such prices are below the prices for such Desert Harvest products stated on the line sheets.
This policy upholds that no retailer can advertise or sell any Desert Harvest product on any 3P Website (3P Website is defined as “Third Party” website including but not limited to: Amazon.com, Overstock.com, Ebay.com, Newegg.com, Walmart.com, Groupon, Zulilly.com, Nomorerack.com, Jet.com, Rakuten.com, etc...)
6. Policy Violations:
(a) In the event a retailer chooses not to follow Desert Harvest’s M.A.P. policy, Desert Harvest shall impose any sanction that it unilaterally determines is appropriate under the circumstances.
(b) Violations of the M.A.P policy shall be determined by Desert Harvest in its sole discretion. Desert Harvest will not accept any communication from a reseller who has violated this M.A.P policy regarding the violation or the willingness of the reseller to bring its prices into compliance with the M.A.P policy.
7. Policy Modifications:
Desert Harvest reserves the right at any time to modify, suspend, or discontinue the M.A.P policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. Policy modifications shall be made available via email notification.
8. This M.A.P policy is void and inapplicable wherever prohibited by law.
9. Contact Information:
(a) Desert Harvest sales personnel have no authority to modify or grant exceptions to this policy or have any communications with any retailer regarding violations of this MAP policy
(b) All questions, comments or concerns regarding this M.A.P. policy may be directed to our Wholesale Department at email@example.com
Approved Retailer must sign and return by fax 919-245-1857 or email firstname.lastname@example.org the completed RETAILER AGREEMENT / MAPP AGREEMENT prior to Desert Harvest shipping the first order.