General Wholesale Agreement

This Wholesale Agreement (hereinafter, the "Agreement"), is made and entered into by and between Great Marketing LLC (hereinafter "Wholesaler"), and "Retailer" (hereinafter, "Retailer"). Retailer wishes to sell and promote the products offered by the Wholesaler.

Wholesaler and Retailer Responsibilities: 

Retailer must maintain a current business license certificate (or state equivalent) on file and provide a copy along with Tax ID, to Wholesaler. Retailer must have either a functioning URL that is owned by the entity applying for the wholesale account and/or a brick & mortar store proof (e.g., a picture and physical address). Wholesaler will deliver services to the Retailer and/or directly to the Retailer’s end customer, as agreed. Retailer will be responsible for providing exemplary customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. Wholesaler is not the agent of either the Retailer or the end customer.

Representation of Product: 

Wholesaler retains all rights to all images of products provided and retains the right to prohibit the use of any and all images provided. Retailer may not use any of the images contained within the provided photos for any other purpose other than to gain sales. Retailer may not use any images provided in any other medium than in or on the specified website, advertising materials or store without prior written consent of Wholesaler. Retailer may not alter (e.g., crop, change background colors, add text) provided photos other than to size appropriately for website and marketing materials. Retailer must describe the product in the appropriate category and may not represent the product in other categories or for other uses, without prior authorization from Wholesaler.

Retainer Requirements: 

The Retailer will pay a $450 monthly, nonrefundable retainer upon acceptance of this agreement and each month thereafter. This retainer will be deducted from the price of products or services ordered during the corresponding month. Wholesaler reserves the right to waive retainer requirements if necessary upon agreement by both parties.

Web Commerce: 

Wholesaler strictly prohibits reselling of all products and services on 3rd party sites (e.g. Amazon.com, Ebay.com, Walmart.com etc.). No products purchased from Wholesaler shall be resold by Retailer through any location other than Retailer’s URL or brick and mortar store unless prior written consent has been obtained from Wholesaler. If Retailer resells via prohibited 3rd party, wholesaler and Retailer relationship will be terminated.

Billing: 

At this time, the Wholesaler is not extending credit terms. All orders must be accompanied by monthly payment in full, as well as any and all one time-charges or fees. Orders will be invoiced by the Wholesaler within 48 hours of receipt. Invoices must be paid in full by the Retailer within 15 calendar days of receipt of invoice.

Sales and Tax: 

Retailer agrees that it is the sole responsibility of Retailer to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales  of the Wholesaler's products. Retailer further agrees that Wholesaler is not obligated to determine whether a sales tax applies and is not responsible to collect, report or remit any tax information arising from any transaction involving the images or photos provided.

Errors, Refunds and Cancellations: 

Order errors and/or defects must be brought to Wholesaler's attention within five (5) business days of receipt by Retailer. Retailer will not send a knowingly defective product to a customer. Wholesale sales are considered final. In order to be eligible for a full refund, notice of cancellation must be received within 24 hours of order submission. Some exceptions may apply. After 24 hours has passed since order submission, partial refunds will be issued when possible, depending upon work completed and expenses paid at the time of cancellation. Early Cancellation of services must be submitted no later than the 15th calendar day of the month PRIOR TO CANCELLATION.

Use of Products: 

Wholesaler is not responsible for any damages or injury that may occur from the use or misuse of products or services, and assume no liability or responsibility for damage or injury to persons, pets or property arising from any use of any product, information, idea or instruction contained in the materials provided.

Responsibility: 

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.

Right to Modify: 

Wholesaler retains the right to modify this agreement at any time. Changes will not be

retroactive.

Severability: 

If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.