This Wholesale Agreement (hereinafter, the “Agreement”), is made and entered into by and between Passion Tree House LLC, dba BirD-elicious! Origins Wild Diet – The Best Bird Food (hereinafter “Wholesaler”), and “Retailer” (hereinafter, “Retailer”). Retailer wishes to sell and promote the products offered by the Wholesaler in their store.
Be advised you are entering a legally binding contract with Passion Tree House LLC, dba BirD-elicious! Origins Wild Diet – The Best Bird Food.
Check this online agreement frequently for updates. All quantities, amounts, percentages, shipping costs, and policies subject to change at any time. Notifications of updates/changes to this contract may/may not be sent by Wholesaler.
GENERAL TERMS OF AGREEMENT
Wholesaler is a licensed pet food formulator, producer, retailer located within Arizona state, and distributor holding legal trademarks (TD) with the USTPO (United States Patent and Trademark Office.) All legally owned TD’s must be acknowledged. Re-labeling any Wholesaler product is strictly prohibited.
Wholesaler retains the option to add or remove any Retailer at any time or for any reason. All policies are subject to change at any time without any notice. Visit this page frequently to review this contract.
Wholesaler is in no way responsible or liable for the success of the Retailer’s website or store, the accuracy, or legality of its content and operation. Further, the Retailer has independently evaluated the desirability of participating in the Wholesaler’s Wholesale Program and is not relying on any representation, guarantee or statement other than set forth in this agreement.
The Retailer must obtain and maintain current retail licensing from the country, state, province, township, etc.,
from where the product is sold, regardless if Retailer is a brick and mortar and/or online store. Retailer retail license must be filed with Wholesaler annually within 30 days of all re-licensing.
The Retailer may sell to brick and mortar stores in their region only if Retailer tracks the “Use By” date on packages purchased and stocked by the brick and mortar. A copy of receipts of products sold by Retailer to all brick and mortar stores must be kept and emailed to Machelle@TheBestBirdFood.com. Outdated packages must be removed and discarded — not sold or given to any person, company, or any rescue or sanctuary of any kind. Retailer agrees to store unopened product in a clean, dry, cool, and smoke-free location.
Retailer shall not make any misleading claims regarding any of the products produced by Wholesaler. All claims must be in accordance with the Wholesaler’s website: TheBestBirdFood.com. Wholesaler will not be responsible for any false or misleading claims Retailer may make to their customers, or potential customers online or otherwise.
Retailer’s hold sole responsibility for the ordering, retailing, and distributing of all product purchased from Wholesaler.
Acceptance by the Customs Office located in the distributor/retailer country is the sole responsibility of said Retailer. All Duties, Taxes, etc., are the sole responsibility of the Retailer.
Wholesaler performs all nutritional testing through a third-party, independent, Internationally renowned human and pet food testing laboratory. Wholesaler has no relationship with said laboratory except for purposes of obtaining non-biased lab results of Wholesaler food products.
Guaranteed Analysis (GA) is on the packages of those foods Wholesaler believes necessary for customers to have knowledge of the GA. Our licensing agents do not require GA but Wholesaler tests regardless.
Wholesaler and its Retailer’s do not make any claims the foods produced by Wholesaler are “total,” “complete,” diets. Wholesaler foods are nutritionally balanced, as represented in the GA on specific packages, following generally accepted nutritional guidelines established by AFCO and the pet food communities that serve pet caregivers.
Retailer acknowledges Wholesaler may re-formulate any product at any time without prior notice.
REPRESENTATION OF PRODUCT
Online sales by Retailer must coordinate seamlessly with regard to logos, trademarks, verbiage, descriptions, graphics, pricing, and any information associated with any Wholesaler product.
Reverse engineering and/or any attempt to copy formulations/recipes of any BirD-elicious! Origins Wild Diet product is strictly prohibited.
All informational materials must be pre-approved by Passion Tree House LLC before those materials are distributed physically and/or on any online location.