Rummo USA, Inc. (hereafter, “Rummo”), an Arizona corporation, is the owner of the Rummo brand. Rummo hereby adopts this Authorized Reseller Policy (the “Policy”) to protect the long-term strength and integrity of its brand and Products.
Effective immediately, only Authorized Resellers may sell Rummo products on eCommerce third-party marketplaces, such as Amazon. Authorized Resellers are merchants who are vetted by Rummo for adherence to its quality control standards and who are given written approval to sell Rummo products on eCommerce third-party marketplaces (hereafter, “Authorized Resellers”). Any reseller who wishes to sell Rummo products on eCommerce third-party marketplaces must obtain prior written approval from Rummo.
All Authorized Resellers accept and are bound by the terms and conditions of this Policy, which detail the channels and methods in which they are authorized to sell Rummo products. Rummo and its Authorized Resellers are individually a “Party” and together are the “Parties.”
Terms and Conditions
- Authorization. Authorized Resellers can advertise and sell Rummo products (the “Product” or “Products”) to end-customers in the United States of America only, in brick-and-mortar locations and on their own internet URL locations approved by Rummo. Authorized Distributors may also advertise and sell Rummo products to approved Resellers.
- Third-Party Internet Marketplace Sales. All resellers are prohibited from selling Rummo products on Internet marketplaces including, but not limited to, Amazon, Walmart, eBay, Alibaba, Craigslist, Rakuten, and Sears, unless they obtain written permission from Rummo authorizing them to sell on specific internet marketplaces and under specific seller names. Rummo may revoke or amend an Authorized Reseller’s internet marketplace authorization by sending notice and such revocation or amendment shall become effective upon delivery of such notice.
- End Customers. Product purchased by Authorized Resellers is intended for sale to end customers only. Accordingly, Authorized Resellers will advertise and resell the Product to end customers only. End-customers are customers who purchase the Product for their personal use or consumption. Authorized Resellers are prohibited from reselling the Product to third-party resellers or distributors without prior written approval from Rummo.
- Geographic Territory. The authorization to advertise and resell the Product is limited to the United States without exclusive right to any specific territory. Authorized Resellers must obtain prior written approval from Rummo to resell, gift, or export the Product outside the United States. Authorized Resellers must also obtain prior written approval from Rummo to resell Product to a buyer who they know, or reasonably should have known, has the intent to export the Product outside the United States.
- Duration. An Authorized Reseller’s approval to advertise and resell the Product will remain in effect until it is terminated by either Party or when Rummo terminates this Policy, whichever occurs first.
- Quality Control. Authorized Resellers acknowledge the importance of upholding the good reputation of Rummo and its Products. Accordingly, Authorized Resellers will comply with all applicable federal, state, and local laws and regulations. Authorized Resellers also agree to adhere to the highest quality control standards in performing their obligations under this Policy, including the following standards established by Rummo:
- Provide Accurate Information. Authorized Resellers must provide accurate and up to date company and contact information including all DBA’s, retail locations, and websites where the Product will be sold.
- Product Storage. Authorized Resellers will store the Product in a facility and in a manner that prevents damage to the Product or its packaging.
- Original Packaging. Authorized Resellers will only sell Products in their original unaltered, undamaged, and sealed packages with all original markings, documents, and identifying information intact. Authorized Resellers are prohibited from selling Products that have original labels replaced, altered, destroyed, or bundles made up of items meant to be sold individually or as part of a larger package; such packages are considered altered and will not qualify for refunds, exchanges, or Rummo’s product warranties.
- Damaged Product. Authorized Resellers will destroy, at their own expense, Product that Rummo determines is altered, damaged, or does not meet Rummo’s quality standards.
- No Rummo Commingling. Authorized Resellers will not advertise or display the Product with non- Rummo products in a manner that creates the impression that the non-Rummo products are made by, endorsed by, or associated with Rummo. Such commingling of brands is likely to cause customer confusion and is prohibited.
- Bundles and Multipacks. Authorized Resellers will not create, or advertise, bundles or multipacks without the prior written authorization from Rummo.
- Quality Control Audit. Rummo may conduct quality control audits of its Authorized Resellers’ advertising, promotional materials, product images, and any documents related to the marketing and advertising of the Product to determine whether the use of the Product and Intellectual Property meet the standards, specifications, and directions approved by Rummo. When requested, Authorized Resellers will provide Rummo with samples of advertising, promotional materials, product images, and any other documents for review.
- Product Recall. If Product recall is necessary, Authorized Resellers will cooperate with Rummo to conduct the recall.
- Drop Shipping. Order fulfillment by drop shipping is prohibited without prior written approval from Rummo.
- Additional Quality Control Standards. Rummo has the right to issue additional quality control standards to protect its Rummo’s reputation and ensure commercial success of its Products. Authorized Resellers agree to abide by all additional standards issued by Rummo.
- Customer Service. Authorized Resellers will offer customer service in a timely, diligent, and professional manner to customers who purchase the Product. Authorized Resellers will use commercially reasonable efforts to ensure customer satisfaction, increase customer loyalty, and preserve customer trust in the Rummo.
- Intellectual Property. Rummo owns all proprietary rights in and to the Rummo brand, including name, logo, trademarks, service marks, trade dress, copyrights, patents, and any other intellectual property related to the Products (“Intellectual Property”). Rummo grants its Authorized Resellers a limited, non-transferable, revocable license to use Rummo’s Intellectual Property for the purpose of advertising and reselling the Product in a manner consistent with this Policy. The Intellectual Property will not be affixed to, or advertised in connection with, any goods or services other than the Product. All goodwill arising from the Authorized Resellers’ use of the Intellectual Property shall inure solely to the benefit of Rummo. Authorized Resellers agree to cease all use of the Intellectual Property upon their termination as an Authorized Reseller. This limited license is granted only to Rummo’s Authorized Resellers.
- Advertising By Rummo. Nothing in this Policy limits Rummo’s right to market, advertise, and sell the Product. All decisions regarding the advertising medium or content will remain the sole discretion of Rummo.
- Product Warranties. Rummo warrants the Products to be free from defects in material and workmanship. Rummo warrants that customers who purchase directly from Rummo, or from its Authorized Resellers, will receive unexpired product that is safe to consume when used according to the specification printed in the label. Rummo also warrants that the products sold by Rummo, and its Authorized Resellers, comply with all product safety regulations and appropriate labeling requirements promulgated by the United States Food and Drug Administration, including the Federal Food, Drug and Cosmetic Act, Federal Consumer Product Safety Act, and any other applicable product safety law. Further, Rummo warrants that the Products sold by its Authorized Resellers conform to Rummo’s quality control specifications. Such warranties extend only to Products sold by Rummo and its Authorized Resellers who are subject to Rummo’s quality control standards. Rummo warranties do not extend to products obtained and sold by unauthorized resellers or to products which rummo considers altered.
- WARRANTY DISCLAIMER. The express warranties set forth in this policy are in lieu of all other warranties, express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Rummo hereby specifically disclaims any other representations or warranties, express or implied, including without limitation any warranties of noninfringement, quiet enjoyment, merchantability, or fitness for a particular purpose.
- Notice of Minimum Advertised Price Policy. Rummo maintains a Minimum Advertised Price Policy that applies to all Rummo products. This section is intended to only give notice of the policy to its Authorized Resellers. It does not constitute consideration for any agreement between Rummo and any other party nor a separate agreement regarding the final price that resellers will charge their customers. The Minimum Advertised Price Policy is a unilateral policy and not subject to agreement by any reseller.
- Authorized Resellers agree to comply with the additional terms and conditions set forth by Rummo from time to time which may be changed by Rummo in its sole discretion.
Rummo reserves the right to update, amend, modify, or terminate this Authorized Reseller Policy at any time. Unless otherwise provided, such changes will take effect immediately, and a reseller’s continued use, advertising, offering for sale, or sale of the products will be deemed reseller’s acceptance of the changes.
If Rummo determines that a reseller is in violation of this Policy, Rummo may take any and all appropriate legal actions, including, but not limited to, refusing to accept orders from the reseller or instructing its distributors to refuse to accept orders from the reseller.
Any questions regarding this Policy must be emailed to: brandprotection@pastarummo.it.