This Online Sales Policy is for all distributors of FHI products. Any capitalized terms not otherwise defined herein shall have the meaning ascribed in the Reseller Agreement.
As you are aware, FHI is the owner of intellectual property relating to the brand “FHI Heat and Flirt” and is the wholesale seller of a variety of products branded with derivatives of the “FHI Heat” intellectual property and known as “FHI Heat” (collectively, the “Products”).
Be advised that FHI strictly prohibits its distributors or any customer of its distributors from selling the Products through the internet on third party websites which are not owned by the distributor, and are not a branded website used by the distributor. This policy prohibits any sales or marketing of the Products by a distributor or any of its customers on any 3rd party websites, discount or auction website, including specifically, and without limitation, Amazon, eBay, Jet.com. Walmart.com, Overstock.com, Groupon. Each distributor must use its best efforts to ensure that each of its customers is aware of this policy and fully complies with it. Any deviation from this policy must be done in writing with signatures from both parties.
In the event of a distributor’s or a distributor’s customer’s failure to comply with this policy, FHI may immediately terminate the distributor’s right to sell the Products. In addition, FHI may take any and all action that it deems necessary in connection with the distributor’s or its customer’s failure to comply with this policy. In addition, the distributor shall be liable to FHI for any and all damages resulting from the distributor’s or its customer’s failure to comply with this policy and for FHI’s costs and reasonable attorneys’ fees.
