Chosen Foods (“Chosen”) recognizes the value to consumers of a retail distribution network that stocks, promotes and supports Chosen products (“Products”). To ensure that Chosen continues to deliver a high quality sales experience and outstanding customer service and support, Chosen sells its Products only through authorized distribution channels. To maintain the integrity of the authorized distribution channels, Chosen has implemented an authorized reseller policy (the “Policy”) to address online reselling of Chosen’s Products. Chosen hereby adopts this Policy and requires that each person, firm or entity (as applicable, a “Authorized Reseller”) that purchases Chosen’s Products for resale or distribution in the United States to comply with this Policy. Any reseller that fails to comply with this Policy will be deemed an unauthorized reseller of the Products and shall have no rights to sell the Products or use our trademarks and intellectual property.
1. Process to Authorized Seller. In order to become an Authorized Reseller, fill out the application in the link provided here. If your application is approved, Chosen will send an Authorized Reseller Agreement consistent with the terms of this Policy. In the event of a conflict between the terms of this Policy and terms provided in the Authorized Reseller Agreement, the Authorized Reseller Agreement shall prevail.
2. Sales to End Users Only. Authorized Resellers shall market, advertise, promote, and resell the Products to only End Users (as defined below) located in the United States and within the authorized territory, consistent with good business practices. Authorized Resellers shall not sell Products to other Authorized Resellers. For purposes of this Policy, End User shall mean the final purchaser that has acquired a Product from any Authorized Resellers for its own internal use and not for the resale, marketing, or distribution.
3. No Sales on Online Marketplaces. Authorized Resellers shall not directly, or indirectly offer Products for sale on or through a third-party retail website, online marketplace, or action site, or any comparable website, or on or through any marketing website affiliated with any such site, without express written consent by Chosen. Examples of such online marketplaces include amazon.com, eBay.com, Walmart.com, Rakuten.com, etc.
4. Disclaimer of Representation and Warranties. CHOSEN’S PRODUCTS ARE SOLD “AS IS” AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND INTELLECTUAL PROPERTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
5. Prohibited Acts. Authorized Resellers shall not:
(a) Make any false or misleading representations or warranties to any End User regarding the Products;
(b) Make any representations, warranties, or guaranties regarding the specifications, features, or capabilities of the Products that are inconsistent with the literature distributed by Chosen pursuant to an Authorized Reseller Agreement and shall provide no warranties, either express or implied;
(c) Engage in any unfair, competitive, misleading or deceptive practices regarding Chosen, Chosen’s trademarks, intellectual property or the Products;
(d) Modify, or otherwise altered or obscured, any labels, tags, serial numbers, or other labels affixed by Chosen to the Products;
(e) Sell or offer to sell any Products, other than the Products purchased from Chosen; and
(f) Purchase, directly or indirectly, any Products for resale from any individual or entity other than Chosen.
6. Consumer Safety and Recall.
(a) Consumer Safety.
i. Authorized Resellers shall only sell Products in their original packaging; relabeling repackaging (including the separation of bundled Products), and any other alteration is strictly prohibited.
ii. Authorized Resellers agrees to handle and store the Products in a safe manner and in compliance with any storage and handling guidelines as provided by Chosen.
(b) Recalls. Authorized Resellers shall cooperate with Chosen in the event of any investigation of safety claims.
7. Intellectual Property. Authorized Resellers acknowledge that any and all Chosen’s Intellectual Property rights (as defined below) are the sole and exclusive property of Chosen. Chosen’s Intellectual Property includes, but is not limited to, all Chosen brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property. Authorized Resellers understand they do not have any proprietary rights to Chosen trademarks or other intellectual property but are authorized to use Chosen trademarks, copyrights, images, and product information for the sole purpose of reselling Chosen’s Products.
9. Unauthorized Sellers. Resellers who are found to be unauthorized shall be in violation of this Policy. Chosen reserves the right to take enforcement action against the unauthorized resale of its Products.
10. Policy Violations. In addition to all other available remedies under the law, sales in violation of this Policy or Authorized Reseller Agreement may result in immediate revocation of Authorized Resellers’ status. Upon revocation or termination, Authorized Resellers shall immediately cease the resale of Products.
11. Subject to Change. This Policy is subject to change at any time in Chosen’s sole discretion.