Authorized Resale Policy

 

Effective Date: July 19, 2024

EHPlabs takes seriously its responsibility to protect the integrity of its brand and intellectual property rights such as its trademarks, service marks, certification marks, logos, and copyrighted material from practices that may dilute its brand or cause consumer confusion. To that end, EHPlabs has adopted this Reseller Brand Protection Policy (“Reseller Policy”), which requires that each authorized person or entity (a “Reseller”) that purchases EHPlabs products (the “Products”) for resale or other distribution comply with this Reseller Policy. Any Reseller that violates this Reseller Policy is and will be deemed an “Unauthorized Reseller.” Any unauthorized or improper use of EHPlabs’ trademarks may constitute infringement and unfair competition in violation of applicable laws. If you are an authorized EHPlabs Reseller, please consult your agreement for specific additional requirements applicable to your use of EHPlabs’ trademarks.

 

EHPlabs reserves the right to revoke authorized Reseller status or to cancel all orders or suspend and/or indefinitely terminate any supply relationship with any Reseller that EHPlabs determines has failed to comply with this Reseller Policy, in each case without limiting any other rights or remedies available to EHPlabs as a result of such failure.

Unauthorized Resellers are not authorized to resell Products (online or otherwise) or to display, copy, or otherwise use or exploit EHPlabs trademarks, copyrights, images, or Product information.

General Trademark Guidelines

Reseller may use EHPlabs trademarks (but not logos or taglines) to identify EHPlabs products on packaging, promotional, and advertising materials provided Reseller complies with the following guidelines:

  1. Company and Product Naming
  • Reseller may not include any EHPlabs trademark in its company name, product or service name, or domain name.
  • Unless Reseller is licensed by EHPlabs under a licensing agreement, Reseller will not use EHPlabs logos.
  • Reseller’s company or product name may not be confusingly similar to any EHPlabs trademark, and Reseller may not use EHPlabs trademarks in any manner that directly or indirectly implies EHPlabs sponsorship, affiliation, certification, approval, or endorsement of Reseller or its products.
  1. Trademark Use
  • Reseller may not shorten, abbreviate, or modify any EHPlabs trademark.
  • Reseller should include the following trademark attribution statement when it uses EHPlabs trademarks: “These are trademarks of EHPlabs, LLC.”
  1. Product Packaging and Marketing
  • Reseller shall sell Products in their original packaging and may not remove or modify any labels, specifications, images, advertising, and/or any other content related to the Products.

No Resale on Online Marketplaces

Reseller may not advertise or sell the Products on any third-party online marketplace (including but not limited to Amazon, eBay, Walmart & TikTok Shop) or to any distributors or resellers for further sale or distribution on any third-party online marketplace without EHPlabs’ express written consent.

Reseller’s Company Brand

Resellers may use the EHPlabs name or any factual phrase to describe their business, as in, for example, “We sell EHPlabs products,” provided that the statement is true. Reseller must lead with its own company brand and cannot lead with the EHPlabs name. Reseller is not permitted to use the EHPlabs name in a manner that would lead consumers to believe that Reseller has an association or affiliation with EHPlabs that does not exist. Reseller may not engage in any unfair business practices, false advertising, or fraud, or modify EHPlabs’ warranty

Quality Controls.

Resellers must handle and store the Products in compliance with EHPlabs’ storage and handling policies, which may be communicated to Reseller from time to time. At a minimum Reseller shall handle and store the Products in a safe manner, and Reseller will ensure that any Products it purchases are stored in secure, dry, climate-controlled warehouses or storage facilities, free of any debris, pests or flammable materials. 

Reseller will maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions. At EHPlabs’ request, Reseller will provide any reports or other information related to such customer services. Reseller shall be knowledgeable about the Products in order to better address customer complaints.

To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with EHPlabs with respect to any Product recall or other consumer safety information dissemination efforts.

Reseller shall maintain open lines of communication with EHPlabs to enable EHPlabs to address any of Reseller’s concerns and to allow Manufacturer to communicate with Reseller with respect to the products and the policies set forth herein.

Satisfaction Guarantee

Provided that Reseller is in compliance with this Reseller Policy, Products sold by Reseller will come with EHPlabs’ Satisfaction Guarantee. 

Copyrights

Use of EHPlabs’ copyrighted material is strictly prohibited without EHPlabs’ express written consent. Such materials include but are not limited to content and text displayed on EHPlabs’ website, mobile applications, or other documentation, photographs, diagrams, videos, images, and sound clips. If authorized, Reseller’s use of EHPlabs’ copyrighted material must be accompanied by EHPlabs’ copyright notice.

Policy Incorporation and Amendments

This Reseller Policy is incorporated into any agreement entered between EHPlabs and Reseller with respect to Reseller’s purchase or sale of the Products. In the event of a conflict between the applicable agreement and this Reseller Policy, the terms of the agreement will prevail. EHPlabs may amend this Reseller Policy at any time. EHPlabs reserves the right to prohibit any use of its trademarks that EHPlabs, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder.

Resellers who fail to comply with the foregoing terms forfeit the right to sell Products. EHPlabs reserves the right to take legal action against any Reseller which fails to comply with this Resale Policy.