EFFECTIVE DATE: January 1st, 2021
SMITH’S CONSUMER PRODUCTS
NORTH AMERICA RESELLER POLICY
By purchasing Smith’s products for resale, you agree to adhere to this Reseller Policy.
In order to ensure Smith’s Consumer Products, Inc. d/b/a Smith’s (“Smith’s”) resellers are able to sustain healthy
margins on Smith’s products and ensure that Smith’s end-users are being provided a quality sales experience and
customer support, Smith’s has announced this Reseller Policy (the “Reseller Policy”). Smith’s believes that its end-
user customers are best served by having resellers who market Smith’s products as premium brand products and
who provide an outstanding level of service and support to their end-user customers.
Smith’s has also decided that, in order to maintain and protect the viability of the Smith’s reseller network for its
products, in order to protect the value associated with Smith’s brands in connection with its products, and in order to
ensure high-quality support by resellers to end-users of those products, resellers must comply with the following
terms and conditions:
- Internet Sales Prohibited. Resellers shall be prohibited from selling Smith’s products on the Internet unless they apply, are approved by Smith’s, and execute an Authorized Internet Reseller Agreement regulating the manner in which they sell online;
- Transshipping. Resellers shall not transship products. Specifically, resellers shall not sell or transfer any Smith’s products to any person or entity for resale. Resellers agree to restrict, cease, or limit the sale of Smith’s products to anyone at the request of Smith’s;
- Geographic Sales Boundary. Resellers may only sell and advertise for sale Smith’s products in brick and mortar locations within the United States of America and Canada. Smith’s hereby expressly prohibits resellers from soliciting or consummating sales outside of the United States of America or Canada;
- Intellectual Property. The use of the intellectual property of Smith’s, including, but not limited to trademarks, tradenames, product images, marketing banners, and other digital assets, without written consent from Smith’s is prohibited;
- Sales Practices. Resellers shall conduct their business in a reasonable and ethical manner at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the products except as expressly authorized by Smith’s. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Smith’s products;
- Quality Controls. Resellers shall comply with all quality control standards, including, but not limited to, advertising, storage, and shipping requirements, as announced from time to time by Smith’s;
- Unilateral Policy. Resellers are informed of Smith’s Unilateral Policies as they apply to the advertisement for sale of Smith’s products from resellers to end-users in the United States and Canada. There is no agreement, express or implied, between Smith’s and resellers with respect to the advertised or resale pricing of Smith’s products. If any director, officer, employee, representative, or other agent of Smith’s tries to coerce resellers to agree to the price at which resellers advertise or resell Smith’s products, such action shall be considered void, unauthorized, and without effect and resellers shall promptly notifySmith’s Unilateral Policy Committee at [email protected].
- Service. Resellers shall provide the highest levels of customer service. Resellers and their sales personnel shall be familiar with all Smith’s products marketed for sale and must obtain sufficient product knowledge to advise customers on the selection of the products, as well as any applicable warranty, guarantee, or return policy;
- Product Packaging. Resellers shall sell Smith’s products in their original packaging. Relabeling, repackaging, and other alterations are not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on products or their packaging is prohibited. Resellers shall not remove, translate, or modify the contents of any label or literature on or accompanying the products; and
- Additional Terms and Conditions. Resellers agree to comply with the additional terms and conditions set forth by Smith’s from time to time which may be changed by Smith’s in its sole discretion.
Smith’s reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise provided,
such amendments 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 amendments.
If Smith’s determines that a reseller is in violation of this Reseller Policy, Smith’s 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.