Effective Date: March 6, 2017
ACCEPTANCE AND SCOPE OF TERMS
This Website is for the use of persons 18 years of age and older. By accessing and/or using this site, you represent and warrant that you are over the age of 18.
As used in this Agreement, the words “you” and “your” refer to any person accessing the APP Website. The words “we,” “us,” and “our” refer to APP.
MODIFICATIONS TO THE AGREEMENTS
APP reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that APP shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, or otherwise desire to contact APP, please direct your communication to:
Allure Pet Products LLC
321 Palmer Rd
Denville, NJ 07834
LICENSE TO USE WEBSITE
As long as you are in compliance with the terms of this Agreement and all associated documents incorporated herein, APP hereby grants you a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to access and use the Website via an ordinary Internet browser, and to view the Website and all content and Materials thereon that are intended to be displayed publicly. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license, which APP, in our sole discretion and without prior notice or liability, may terminate at any time. No other rights are granted, implied or otherwise. You agree that this license is extended only to the extent that your activity is legal and does not violate any international, federal, state or local law or regulation)
The following additional terms are hereby incorporated into this Agreement by reference, and your assent to this Agreement binds you to all of the additional terms in the following documents:
Complaint Policy, including trademark complaints;
Retailer’s Terms and Conditions
OWNERSHIP OF WEBSITE CONTENT & INTELLECTUAL PROPERTY
The content, functions, features, services, information and materials on the Website, including but not limited to text, data, audio, video, images, photographs, graphics, documents, summaries, descriptions, forums, message boards, user profiles, professional summaries, articles, publications, news, surveys, seminars, information regarding APP members, tutorials, icons and any other information or material appearing on or otherwise accessible through the Website (the “Materials”), together with the selection and arrangement of such Materials, are the property of APP, our affiliates, or our content suppliers, and are protected by copyright, trademark, patent and/or other intellectual property laws of the United States and other jurisdictions.
The Materials, the Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You recognize that while some of the Materials available on the Website may be compiled from publicly available sources, the compilation of such materials represents protectable effort and expression exerted by APP, and you agree not to contest same.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to APP are registered and unregistered trademarks and/or service marks owned by APP. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website not owned by APP are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, affiliation, approval, sponsorship or other such relationship of any kind with such third party.
The removal of any trademark, copyright, or other rights notice which appears on the Website is strictly prohibited.
Further, except as expressly permitted herein, any use, reproduction, duplication, publication, display, copying, sale, modification, exploitation, or other use of the Materials, copyrighted works, trademarks or service marks, or other portion of the Website, in whole or in part, is strictly prohibited without the prior express written consent of APP.
APP is a provider of pet products. This site should not be viewed as a source of information on how to use Pet Toys or other pet products. Each pet product carries its own warnings and a pet owner should adhere to those warnings. While APP products are designed to deliver high fashion in a durable toy, no product is guaranteed to be 100% safe for every pet. As such, you should never allow the pet to play unsupervised. And pet products are not guaranteed to have a life expectancy that matches your pet’s. Be careful and frequently inspect the products before allowing your pet to use them..
USER GENERATED CONTENT & USE OF WEBSITE SERVICES
The Website may include information and materials generated by third parties not affiliated with APP. The Website may contain bulletin board services, comment sections, chat areas, news groups, forums, communities, personal web pages, calendars, message or communication facilities, and/or other features or functions in connection with which you may submit, upload, transmit, publish, share, post, distribute or otherwise make available certain information, content and materials to the APP, the Website, other users and/or the public at large (collectively, “Communication Services”). Any information, content or other material you submit, upload, transmit, publish, share, post, distribute or otherwise make available on the Website, whether in connection with the Communication Services or otherwise, including without limitation any text, audio, video, images, graphics, documents, artwork, designs, ideas, concepts, techniques, communications and any other content shall be regarded as a “Submission” (collectively the “Submissions).
You are under no obligation to submit, upload, transmit, publish, share, post, distribute or otherwise make any information, content or other materials available on the Website, whether in connection with the Communication Services or otherwise. However, by submitting, uploading, transmitting, publishing, sharing, posting, distributing or otherwise making available any Submission or other content on the Website, whether in connection with the Communication Services or otherwise, you hereby grant APP a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable, sub-licensable, perpetual, irrevocable license to APP to use, copy, license, sublicense, retain, distribute, reproduce, modify, edit, adapt, improve, create derivative work from, publish, remove, delete, translate, publicly perform, publicly display, commercialize, or otherwise exploit such Submission or the content, in whole or in part, in any media, way or manner now known or in the future discovered or developed, and to incorporate such Submission or content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person or entity, without further consent, and without any notice or liability to you or to any third party whatsoever. You further expressly permit, license, and assent to APP’s right to register, deposit, or otherwise record any modification or derivative work created by APP from the Submission or content with any foreign or domestic registrations body, including but not limited to the United States Copyright Office or the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights, proprietary rights, rights of privacy and publicity, and rights of attribution in connection with the Submission or content, in favor of APP and any of its successors or assigns.
You agree not to submit, upload, transmit, publish, share, post, distribute, or otherwise make available through the Website or any service thereon, any Submission or other content that, in whole or in part: (a) contains a virus, corrupt file, or any other similar software of programs which may damage the operation of another’s computer; is unlawful or encouraging of another to commit unlawful activity; (b) is violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party; (c) is defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing, threatening, or otherwise objectionable; (d) constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by APP; (e) contains a survey, contest, pyramid scheme or chain letter; (f) may restrict of inhibit any other user from using the Communication Services; or (g) violates any rules of conduct which may be applicable to a particular Communication Service.
By submitting, uploading, transmitting, publishing, sharing, posting, distributing or otherwise making available any Submission or other content to the Website, you hereby explicitly agree, represent and warrant that: (a) you are the owner or rights holder of the Submission or content (b) all such Submissions and content are true and accurate and do not contain confidential or proprietary information; (c) your provision of the Submission or content is not a violation of any law or contractual or legal right of any party (including any intellectual property rights); (d) your Submission or content automatically becomes the property of APP without any obligation of APP to you; (e) APP is not under any obligation of confidentiality relating to the Submissions or content, either express or implied; (f) APP shall be entitled to use or disclose the Submission or content in any way, manner, purpose or otherwise, worldwide; (g) APP may have under consideration or development similar ideas to the Submission or content; (h) you are not entitled to any compensation or reimbursement of any kind from APP in exchange for the Submission or content; and (i) you are at least eighteen (18) years of age. You further agree to inform APP should any Submissions or content change since its provision to APP and/or your becoming a Website Member, and, if appropriate, you agree to make such modifications yourself to your profile. If you are accessing the Website on behalf of a third party (whether an individual or an entity), you represent that you have the authority to bind that third party as a principal to all of the terms of this Agreement and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.
You must provide true and accurate information at all times in any content, Submission, or other information that you provide, upload or otherwise make available to the Website. You agree to review and promptly comply with all messages received from APP regarding the Website. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. APP does not warrant that any information contained on or in said Communications Services is accurate, reliable or confidential. You agree that APP cannot be held responsible for any ramifications of your posting or use of any content or Submissions or any Materials from or to said Communications services.
Further, APP may access and use the Website and any service and any information stored thereon, including the contents of any content or Submissions, for any lawful purpose. APP may disclose the contents of any content or Submissions, including the identity and other personal information of any user, submitter or poster of such materials, to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
You alone are responsible for your interactions with other users of the Website. APP may monitor disputes between you and other users, and may terminate your account at any time, in its sole discretion; however, APP is under no obligation to monitor such interactions or take any particular action. In the event that you believe that any user of the Website has violated this Agreement, please contact APP immediately, and APP may take action that it, in its sole discretion, deems appropriate under the circumstances.
APP does not control the content or Submission submitted to APP or otherwise made available to others on the Website, and has no obligation or duty to verify the accuracy of any such content or Submission, or the identity of any user that provides such materials or to supervise the uploading, use or availability of such materials on or to the Website. APP retains the right, but not the obligation, to monitor any activity and Submission or content submitted, posted, uploaded, or otherwise communicated to APP or the Website, or is made available on the Website. APP may block, edit, modify or remove any Submission or content it deems to be violative of this Agreement, or any other content or Submissions that APP deems, in APP’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of APP, the Website or the particular area of the Website to which such content or Submission may have been placed.
Should you seek to remove any Submission or content from the Website or other platform operated by APP, you should contact APP in writing with your removal request at email@example.com with the phrase “Content Removal Request” in the subject line. APP in its sole discretion shall assess whether to remove any content or Submission that is the subject of such a removal request. APP does not guarantee it will remove any post.
APP is not responsible for, and assumes no liability for any content or Submission posted by you, or any damage caused by another user’s access to such content on the Website, whether before or after any removal of such content or Submission by APP. APP in no way endorses any content or Submission posted to or made available through the Website.
RESTRICTIONS ON USE OF THE WEBSITE & WEBSITE CONTENT
Your use of the Website and all services and content provided in connection with the Website is subject to the terms and conditions of this Agreement and all applicable laws, rules and regulations. Any use of the Website other than as expressly permitted herein terminates the limited license set forth in this Agreement without prejudice to any other remedy provided by applicable law.
If you are a Website Member (as defined herein) and a retailer of products purchased from APP, you are granted a non-exclusive, limited and revocable license to display, reproduce and transmit images of APP’s product obtained from the “My Account” area of the Website for Website Members only, that are identified as being permissible to use, in connection with the marketing and sale of APP’s products. APP may revoke this license at any time. Your use of said images other than in direct connection with the sale or marketing of APP’s products is expressly prohibited, and no license to engage in such acts is granted. Your use of such materials is subject to your compliance with the branding standards that APP may adopt from time to time. You agree not to remove any markings or alter the images in any way without APP’s express written permission.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any APP employee, agent, or representative; or expressing or implying that APP endorses any statement you make. You may not use any information obtained from the Website to harass or intimidate others or to contact them without their permission.
You may not modify, adapt, translate, copy, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about APP employees or other individuals identified on the Website, without their express written consent.
You are also proscribed from selling, reselling, transferring, licensing, lending or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. You may not harvest information from the Website, including any scraping of the Website. You may not use the Website to solicit any other Website users, either through Website functionality or through outside functionality.
You may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including APP’s or any other party’s intellectual property therein, without our prior express written authorization. You may not access any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website.
To the extent that you may access or download any software that is made available through APP from the Website (“Software”), such Software is the copyrighted work of APP and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any software that is accompanied by or includes such an end user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult APP before accessing any programs.
In the event that you are obligated by law to take actions contrary to any term of this Agreement, you agree to notify APP at least 30 days before you are required to take such actions.
BECOMING A WEBSITE USER
If you are a retailer or prospective retailer, you may become a “Website Member” by filling out the sign-up form on the page and following the instructions there, which may include the requirement that you submit a Resale Certificate. You agree that all information provided to become a Website Member is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. APP may accept or decline to accept you as a member of the retailer’s section of the Website at its sole and unfettered discretion. If APP chooses to accept you as a Website Member, it will e-mail you with your login username and password (“Login Information”). This Login Information is valid for your personal use only, and you agree that you will not assign, transfer, lend or sublicense your rights as a registered user of the Website to any other person. You agree that providing your login information, or providing access to your account by any other means to any other person, is strictly prohibited. The status of your membership in the Website is based on the sole discretion of APP, and it may be revoked or modified at any time, at APP’s sole discretion.
You are solely responsible for maintaining the confidentiality and security of your login information and remain at all times solely responsible for all usage or activity on the Website occurring in connection with your Login Information. You agree and acknowledge that APP shall have no responsibility or liability to you or any third party for any claims, harm, or losses arising in connection with or resulting from the use of your Login Information.
If you believe that your Login Information has been lost, stolen, or otherwise compromised, or that an unauthorized person has or may attempt to access the Website, you should immediately contact APP via e-mail to firstname.lastname@example.org with the phrase “Account Breach Notice” in the subject line, and APP will engage in reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation.
AVAILABILITY OF THE WEBSITE
While APP makes reasonable efforts to ensure that the Website is available at all times, APP does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and APP does not guarantee that users will be able to access or use all or any of the Website features at all times.
APP may change, suspend or discontinue, temporarily or permanently, any (or all) aspects of the Website at any time without prior notice, including the availability of any Website feature or your particular user account, in its sole discretion. APP may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.
You are prohibited from attempting to or actually accessing those portions of the Website for which you have no permission.
APP is under no obligation to maintain the Website or any information, content, Submissions, Materials, or other matters that you submit, post or make available to the Website, or are otherwise available on the Website. APP reserves the right to withhold, remove and or discard any such material on the Website or available or placed by you thereon without notice at any time. You agree that even if APP has maintained such materials, you have no control or right to access them, and have no right to request that APP restore or produce such material.
You acknowledge and agree that APP may send you important notices or other information related to the Website, the relationship with APP, or other information we believe may be of interest to you, by email or through other means, including mobile or other hand held devices. You acknowledge and agree that APP has no liability related to or arising from any failure by you to maintain accurate or up to date contact information, or other profile information, or related to your failure to receive important or critical information regarding the Website.
ERRORS & INACCURACIES
While APP attempts to be as accurate as possible with respect to the Website and the Materials, the Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, images, and may not be complete or current. APP does not warrant that the Website or any Materials are accurate, complete, reliable, current, or error-free. APP reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that may appear on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description. If you are dissatisfied with a product offered by APP through the Website, your sole remedy is to return it in unused condition.
Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by APP are provided purely for informational and illustrative purposes. APP does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. APP reserves the right to cease offering any such services or benefits to any prospective or actual member or customer at any time, in all cases without notice or liability.
LINKS TO OTHER WEBSITES
ENFORCEMENT OF THE AGREEMENT
APP may investigate any reported, alleged or suspected violation of this Agreement, and take any action that APP, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. APP reserves the right to recover those amounts spent in connection with enforcement, from any violation of these terms.
Either you or APP may terminate this Agreement at any time, for cause of without cause. Without limiting the foregoing rights, APP has a policy of terminating users who are repeat violators of the United States Copyright Act, as noted in the Copyright and Trademark Policy.
All grants of any rights from you to APP related to content, Submissions, or other materials, including but not limited to copyright or other intellectual property licenses shall survive any termination of this Agreement.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS PROVIDED “AS IS.” APP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, FOR THE WEBSITE AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL APP, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. APP DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. APP DISCLAIMS ANY AND ALL LIABILITY FROM ANY MALFUNCTIONS, LIMITATIONS ON ACCESS OR INTERRUPTIONS IN AND TO THE WEBSITE. ADDITIONALLY, APP DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY APP TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. APP DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL NOT VIOLATE THE RIGHTS OF OTHERS. FURTHER, NEITHER APP, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
APP HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER UTILIZING THE WEBSITE OR THE SERVICES AVAILABLE THEREON, NOR DOES APP HAVE ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE BY OTHER USERS. APP WILL NOT BE HELD LIABLE FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, THE WEBSITE INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU “AS IS” AND APP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED VIA THE WEBSITE. IF YOU ARE DISSATISFIED OR HARMED BY APP, THE WEBSITE OR ANYTHING RELATED TO APP, YOU MAY LEAVE APP AND MEMBERSHIP IN THE WEBSITE AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, the Parties agree that neither APP nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors shall be liable or responsible for any direct, indirect, incidental, punitive, special, exemplary, consequential or other damages or loss of use, lost revenue, lost profits or data to you or any third party arising out of or in any way related to your use of the Website or any services, Submissions, Materials or other content or materials on, accessed through or downloaded from the Website, even if APP is aware or has been advised of the possibility of such damages. Your sole and exclusive remedy for your dissatisfaction with the Website or the Materials is to terminate your Membership in the Website and/or stop using the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that APP causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold harmless APP, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of: (a) Your activities in connection with the Website, including without limitation your use of the Communication Services and/or your provision of any Submission or other material in connection with the Website; (b) Any violation of this Agreement by you; (c) Any improper or unauthorized use of the Website, Communication Services, and/or Materials by you; (d) Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the Website or the use of software or information which appears on the Website; and (e) Any allegation that anything you transmit or attempt to transmit, including but not limited to any content or Submission you submit, post, or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by APP from New Jersey, in the United States of America. You agree that any dispute arising under the Agreement or your use of the Website in any way shall be resolved exclusively by New Jersey state or federal courts, applying New Jersey law, regardless of any principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to waive your right to suit in your home jurisdiction and to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause, and United States law will apply.
At APP’s sole discretion, it may require you to submit any disputes arising from the use of the Mandatory Terms or use of the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.
All disputese with APP will be venued within the exclusive jurisdiction of the State of New Jersey.
Your use of the Website, including any services thereon, is subject to export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and any programs maintained by the Treasury Department’s Office of Foreign Assets Control. You acknowledge that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software or service to any end-user without obtaining required authorizations. You also warrant that you are not prohibited from receiving US origin products, including but not limited to those that may appear on the Website.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
ENTIRE AGREEMENT AND AMENDMENTS
This Agreement, and its incorporated agreements, constitutes the entire agreement between you and APP regarding your use and interaction with the Website. This Agreement supersedes any and all prior agreements related to this topic, whether written or oral. Any amendments to this Agreement by you must be in writing, and APP shall not be bound to any action of activity that it does not so bind itself to do in writing. APP may modify this Agreement at any time by posting modified terms to the Website, and all such terms will be binding prospectively, but not retroactively, upon posting.
All notices to you under this Agreement may be provided via e-mail or any other communications means you provide to the Website. All notices from you to APP must be sent to the following addresses. Any notices that are not to these addresses will be given no legal effect.
Allure Pet Products LLC
321 Palmer Road
Denville, NJ 07834
Any failure by APP to enforce any term of this Agreement against you or any other user shall not be considered a waiver of APP’s right to enforce this Agreement as to any future violations committed by you or any other user.
This Agreement is personal to you, and you have no right to assign this Agreement to any party. APP may assign all of part of this Agreement to any party, at any time. APP may substitute itself, by way of unilateral novation, effective upon notice to you or upon posting to the Website, for any third party that assumes APP’s rights and obligations under this Agreement.
© 2017, Allure Pet Products, LLC, All rights reserved.
Effective Date: March 6, 2017
APP respects the intellectual property rights of others. If you believe in good faith that any content, Submission, or other material posted or otherwise available on the Website infringes the copyright in your work, please contact our copyright agent in writing, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing together with information reasonably sufficient to allow us to identify its location on the Website;
Information reasonably sufficient to permit APP to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact APP’s designated DMCA Copyright Agent:
Allure Pet Products LLC
321 Palmer Road
Denville, NJ 07834
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
© 2017, Allure Pet Products, LLC. All rights reserved.
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
Effective Date: March 6, 2017
If you believe in good faith that any content, Submission, or other material posted on the Website infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com containing the following information:
Your name, physical address, e-mail address and phone number;
A description of the content, Submission, or other material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
Identification of the location of the material on the Website. Including the URL (the location as provided in your browser bar);
If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in APP’s sole discretion, APP will take action. We may disclose your submission to the poster of the claimed violative material, or any other party. However, APP does not guarantee that it will comply with all request not required by law, and reserves the right, in its sole discretion, to determine the course of conduct, if any, it chooses to take.
© 2017, Allure Pet Products, LLC. All rights reserved.
Terms and Conditions of Purchase and Sale of Products
Effective Date: March 16, 2017
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING
LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions of sale (these “Terms”) are the only terms which govern the sale of the products (“Products”) by APP (“Seller”) to You (”Buyer”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Products covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. However, a unilateral purchase order supplied by you does not supersede these Terms.
The accompanying confirmation of sale (the “Sales Confirmation” and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer’s general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms.
APP’s products are being sold to you for resale within a specific territory which comprises the area within which you currently do business, with the exception of the Internet (“Territory”). For Distributors and catalogue companies, your Territory shall be deemed to be the country within which you currently do business or any neighboring territory that has a treaty with your home office country which specifically allows for free trade in the neighboring territory. For retailers, your Territory shall be deemed any location where you have a brick and mortar retail store, and the immediate area (100 miles from the physical location) surrounding the store. Phone and direct marketing sales shall be permitted provided the seller has a brick and mortar store and is using that location for the sales, shipping and storage of APP product. Internet sales are explicitly excluded from Your Territory and sales outside Your Territory shall be deemed a breach of these terms and your use of any advertising or marketing material using the names, logos, trademarks, images or other depictions or descriptions of APP’s products shall be deemed unauthorized and a violation of APP’s intellectual property rights. Any other resellers, or companies that wish to have an exception to these Terms, should obtain prior written approval from APP.
APP offers a variety of standard stock products. We also offer Custom products. If You have questions about any of our products, please contact us at firstname.lastname@example.org and we will arrange to have a representative contact you. Please note that we cannot guarantee that we will always have products in stock or that the products will be exactly the same as that depicted on the Website. If you ever have feedback on our products or service, we would appreciate hearing from you. APP strives to always improve and your input is desired.
Payment & Shipping Information
Prices do not include shipping and handling, or applicable sales taxes unless otherwise noted, and these may be added to the price You pay at checkout (for internet orders) or in a Sales Confirmation, depending on your location of shipment or the type of products you purchase. APP accepts Visa, MasterCard, American Express, Discover or PayPal. Minimum order requirements may apply. Special billing terms, if needed, should be resolved through direct negotiations with APP.
All orders are shipped from our Dover, NJ warehouse. Typically, APP generally ships all orders within one (1) week or less (provided the product is in stock) of receiving a purchase order or Sales Confirmation. Typically orders ship using the most competitive ground service. If needed, APP can accommodate requests for express shipping as agreed between the parties (additional fees may apply). APP will inform you of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including but not limited to shortage of materials, labor strikes, transportation failures, or acts of god. The costs of shipping and handling, if any, will be shown on your packing slip, purchase receipt or invoice.
Title and risk of loss to the products ordered passes to you upon delivery to the ground service carrier. Currently, APP does not offer a drop ship program. As collateral security for the payment of the purchase price of the Products, Buyer hereby grants to APP a lien on and security interest in and to all of the right, title and interest of Buyer in, to and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the NJ Uniform Commercial Code.
APP may, in its sole discretion, without liability or penalty, make partial shipments of Products to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order
Buyer shall pay all invoiced amounts due to APP on receipt of APP’s invoice. Buyer shall make all payments hereunder by readily available funds and in US dollars.
Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall pay all invoiced amounts due to Seller upon receipt of Seller’s invoice. Buyer shall make all payments hereunder in US dollars. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for fifteen (15) days following written notice thereof. Buyer shall reimburse APP for any costs and fees, including attorneys’ fees should collection proceedings be initiated.
Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise.
APP cannot guarantee that every product you order will be available all times. Should an item you select not be available, APP will automatically cancel all back orders unless it is specified by the customers that we should ship back-orders when they are available. Shipping charges are applied to the shipment of all back orders.
Our products are intended to be sold at retail so that customers can appreciate the quality of our products. The “Territory” for which you are being provided products to distribute does not include the internet. All APP customers who wish to sell our products on their online internet sites or other internet platforms must receive written consent from APP. Please contact us for more details. To remain in good standing, no sales on eBay or similar auction sites are allowed.
Cancellations, Returns and Refund Policy
You may cancel any order for any reason up to twenty four (24) hours after it is submitted, excluding expedited orders, which cannot be cancelled for any reason. However, a cancelled or changed order may result in charges being applied. APP inspects all goods before they are shipped. However, if you find a problem with the product shipped, APP will gladly replace the item or refund the cost, provided that you notify APP within ten (10) days from the date of delivery (the “Rejection Period”). Replacement of the product, unless replacement is due to APP’s fault (to be determined by APP), may be subject to a restocking and shipping fee. If the wrong product is delivered, simply contact APP and we will arrange to have the product returned to us. However, NO returns are authorized without APP’s prior approval.
Buyer shall inspect the Products upon receipt. Buyer will be deemed to have accepted the Products unless it notifies APP in writing of any Nonconforming Products during the Rejection Period and furnishes such written evidence or other documentation as reasonably required by APP. “Nonconforming Products” means only the following: (i) product shipped is different than identified in the confirmed order; or (ii) product’s label or packaging incorrectly identifies its contents.
If Buyer timely notifies Seller of any Nonconforming Products, APP shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the Price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Products to Seller’s facility located at 321 Palmer Road, Denville, NJ 07834. If Seller exercises its option to replace Nonconforming Products, APP shall, after receiving Buyer’s shipment of Nonconforming Products, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Products.
Buyer acknowledges and agrees that the remedies set forth in herein are Buyer’s exclusive remedies for the delivery of Nonconforming Products. Except as provided hereunder, all sales of Products to Buyer are made on a one-way basis and Buyer has no right to return Products purchased under this Agreement. The right to return defective Products, as described above, shall constitute the APP's sole liability and your exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Products, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise.
Custom Products are made specifically for the Buyer. If a Custom Order is commenced, the Buyer will need to pay for those products. No returns are available.
Returned items that receive a refund or an order that is prepared for shipment but not shipped due to credit or cancellation are subject to a restocking fee of 20%. The restocking fee would not apply to a return of a defective product or an item shipped in error by us.
Seller warrants that all of our products are free from manufacturer damage and defect. However, any return for material defects in material and workmanship must be made within ninety (90) days of receipt of the product.
EXCEPT FOR THIS WARRANTY SET FORTH HEREIN, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY or (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. Third Party Products are not covered by the warranty. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
The Seller shall not be liable for a breach of the warranty unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within ten (10) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Products and Buyer (if requested to do so by Seller) returns such Products to Seller’s place of business at Seller’s cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer’s claim that the Products are defective.
The Seller shall not be liable for a breach of the warranty if: (i) Buyer makes any further use of such Products after giving such notice; (ii) the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, use or maintenance of the Products; or (iii) Buyer alters or repairs such Products without the prior written consent of Seller.
Subject to the above, with respect to any such Products during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Products (or the defective part) or (ii) credit or refund the price of such Products at the pro rata contract rate provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such Products to Seller.
Limitation of Liability
APP (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS “APP AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS, DOWN TIME, LOST DATA, OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF APP OR ANY APP AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL APP OR ANY APP AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER. TO THE EXTENT CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO (2) TIMES THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER or $2,500, WHICHEVER IS LESS. This limitation of liability shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
Compliance with Law
Buyer shall comply with all applicable laws, regulations and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement. Buyer shall comply with all export and import laws of all countries involved in the sale of the Products under this Agreement or any resale of the Products by Buyer. Buyer assumes all responsibility for shipments of Products requiring any government import clearance. Seller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on the Products.
In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement and such failure continues after Buyer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
The Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of sixty (60) days, Buyer shall be entitled to give notice in writing to Seller to terminate this Agreement.
Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.
Relationship of the Parties
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.
Submission to Jurisdiction
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New Jersey in each case located in Morris County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
Thank you. We appreciate your business!
MINIMUM ADVERTISED PRICING POLICY
Allure Pet Products, LLC (“Allure”) recognizes that our authorized resellers and distributors (hereinafter referred to collectively as “Resellers”) invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and unique product presentation. To support our Resellers’ efforts and protect Allure’s reputation for exceptional pet products, Allure has unilaterally adopted this Minimum Advertised Pricing Policy (hereinafter “MAP Policy,” or “MAP” when solely referring to the Minimum Advertised Pricing) that applies to all Allure’s products, and all of Allure’s authorized resellers:
1. All MAP Policy prices shall be available on Allure’s wholesale reseller portal at https://retailer.hugglehounds.com/, and such pricing may be amended from time to time by Allure. If the price advertised is in another currency, such advertised price shall not be lower than the current converted price as compared to the MAP price. Allure does not require nor will it accept your agreement to comply with this policy. Allure’s Resellers are free to choose whether to to abide by the MAP Policy, just as Allureis free to set the terms on which we will do business with you.
2. The MAP Policy applies to all advertisements of Allure products in any and all media, including, without limitation, mailings, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, Internet or similar electronic media, including auctions, paid search ads, and shopping comparison ads, television, radio, tradeshow exhibitions, and public signage. The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed or disseminated to consumers outside the store, offers to sell over the telephone, or final sale prices first disclosed to consumers in “shopping carts” in web based sales.
3. It shall be a violation of this MAP Policy to include in any advertising for Allure products any additional discount, coupon, gift card, rebate, or incentive (whether in the form of a special event, promotion, term of doing business or otherwise) that translates into an immediate price reduction, where the cumulative effect would be to reduce the advertised price of any Allure product below MAP pricing.
4. MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold. MAP does not establish maximum advertised prices.
5. “Demo”, “Floor Sample”, “Used” and “Display” products may be advertised at prices below the current MAP only in local print media or on the Reseller’s own website, provided the description accompanying the advertised price clearly states that the products are “Demo”, “Floor Sample”, “Used” or “Display” products and are sold “AS IS” without any warranty by Allure or any right of return, exchange or refund. For purposes of this MAP Policy, Resellers may not advertise any “Demo”, “Floor Sample”, “Used” or “Display” product at a price below the current MAP unless the product being advertised is in the Reseller’s stock prior to being advertised for.
6. Resellers that do not abide by this Policy may be deemed, in Allure’s sole discretion, ineligible for support of advertising or promotional services, materials or discounts, and Allure reserves the right to take any action with respect to any reseller that violates this MAP Policy, including termination of reseller authorization, and revocation of any license to use artwork or other trademarks of Allure without Allure’s consent. If a Reseller with multiple store or other locations violates this MAP Policy at any particular store or other location, Allure will consider this to be a violation by all of the Reseller’s locations. Allure may not provide prior notice or issue warnings before taking any action under this MAP Policy.
7. From time to time Allure may discontinue models or engage in promotions with respect to certain products. In such events, Allure reserves the right to modify or suspend the MAP policy with respect to the affected product by notifying its resellers of such change in writing. Such notice may be fulfilled by a change made on the pricelist or in an advertisement or promotion set forth on the portal. Such notice may also be given through a flyer or promotion at a tradeshow or other promotional event. Allure further reserves the right to adjust the MAP policy with respect to all or certain products at its sole discretion, provided that such changes shall apply equally to all then current Allure resellers.
8. No complaint from any Reseller with respect to the advertising or pricing of any other dealer is sought or will be considered. All questions regarding this MAP Policy or its implementation should be addressed to MAP@hugglehounds.com or Allure’s MAP coordinator, Julie Krauss. No other Allure agent, representative or employee is authorized to discuss this MAP Policy, and no Allure representative or employee, including its MAP coordinator, has authority to modify or alter this MAP Policy.
9. The foregoing is a statement of Allure’s unilateral Policy and expresses the terms upon which it will deal with its Resellers in the United States and Canada. This Policy may be modified by Allure from time to time.
10. FOR DISTRIBUTORS ONLY: In order to continue your relationship with us as a distributor in good standing, you must ensure that the MAP Policy is given to each of your resellers and they must be informed that failure to comply with the Policy will render them ineligible for support of advertising or promotional services, materials or discounts, and Allure reserves the right to take any action with respect to any reseller that violates this MAP Policy, including termination of reseller authorization, and revocation of any license to use artwork or other trademarks of Allure without Allure’s consent.
PLEASE REVIEW THIS DOCUMENT CAREFULLY AND COMMUNICATE IT TO ALL INDIVIDUALS WITHIN YOUR ORGANIZATION. IT GOVERNS CERTAIN CONDITIONS OF SALE FOR FUTURE ORDERS.
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