RESELLER POLICY

Last update: November 8th, 2022.

MAKATECH CENTER (the “Company”) hereby adopts this Reseller Policy (this “Policy”) and requires that each person, firm, or entity (as applicable, a “Reseller”) that purchases MAKATECH CENTER’s products (the “Products”) for resale or other distribution agree to comply with this Policy.

Any Reseller that fails to comply with this Policy will be deemed an unauthorized reseller of the Products, and as such, shall have no right to (i) sell the Products, (ii) use MAKATECH CENTER’s intellectual property, including any of its trademarks or copyrights, or (iii) offer MAKATECH CENTER’s consumer warranty applicable to any of the Products.

MAKATECH CENTER is committed to working with customers to facilitate the sale of MAKATECH CENTER products through e-commerce channels. MAKATECH CENTER maintains a Reseller Policy to protect MAKATECH CENTER brand and intellectual property, as well as authorized channel partners. This policy is also in place to protect end customers, ensuring they receive accurate product information, pricing, and warranty protection that meets MAKATECH CENTER standards. Finally, the policy works to ensure fair competition among resellers as well as support those who have invested in stocking and marketing MAKATECH CENTER products and abide by MAKATECH CENTER policies and programs. MAKATECH CENTER will interpret and enforce this policy at its sole discretion. To be considered an Authorized Reseller (“Reseller”), you must meet the following requirements:

Sell on Approved Websites Only

Unless otherwise explicitly authorized in writing by MAKATECH CENTER after the effective date of this policy, Resellers may only take orders via websites owned and operated by their MAKATECH CENTER. Selling on third-party marketplaces, dropship accounts, or classified sites is strictly prohibited.

Maintain Accurate Brand & Product Information

Maintain proper use of all MAKATECH CENTER trademarks.

Sell product only in original packaging.

Do not duplicate or develop different UPCs to differentiate a product.

Product Packaging and Display.

Resellers shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations to Products or their packaging are not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, SKU, or other identifying information on Products or their packaging is prohibited. The reseller may not remove, translate, or modify the contents of any label or literature accompanying MAKATECH CENTER the Products. Reseller shall not advertise, market, display, or demonstrate non-MAKATECH CENTER Products together with the Products in a manner that would create the impression that the non-MAKATECH CENTER Products are made by, endorsed by, or associated with MAKATECH CENTER.

Sell Only to End Users

Only resellers purchasing products directly from MAKATECH CENTER or an authorized MAKATECH CENTER distributor are authorized to resell products by this policy.

Authorized resellers should not sell MAKATECH CENTER products to other resellers. MAKATECH CENTER recognizes that sales to e-commerce resellers may inadvertently occur from time to time. Therefore, in the event you inadvertently transact with other e-commerce resellers, you must disclose the details of those transactions (e.g., when and to whom such products were sold) so that MAKATECH CENTER may enforce this policy.

Sellers transacting MAKATECH SHOP CENTER products through e-commerce that did not procure the product from MAKATECH CENTER directly or an authorized MAKATECH CENTER distributor are not authorized to sell MAKATECH CENTER products online or use MAKATECH CENTER trademarks, copyrights, images, or product information. MAKATECH CENTER reserves the right to take enforcement action against the seller and supplier of the product by this policy.

Disclose All Seller Names & Properties

Maintain accurate and up-to-date MAKATECH CENTER information and disclose all retail locations, web properties, temporary storefronts, and seller names across all channels directly to MAKATECH CENTER. Any seller transacting through e-commerce must report all websites and seller names advertising or transacting MAKATECH CENTER products to customerservice@makatechshopcenter.com.

Provide e-commerce Sell-Through Data upon Request

Upon request, provide e-commerce sell-through point of sale data by UPC and web property.

Legal Compliance

Resellers acknowledge that they will comply with all applicable laws, rules, and regulations related to the advertising, sale, and marketing of MAKATECH CENTER products, including but not limited to:

Don't make false or misleading claims or engage in deceptive sales tactics.

If you email customers, comply with all privacy policy laws.

If you maintain an online presence, you must publish a privacy policy and comply with it.

Enforcement

Resellers that fail to comply with any term in this policy will be subject to enforcement actions at MAKATECH CENTER’s discretion including but not limited to:

Loss of authorization to sell MAKATECH CENTER products online.

Loss, termination, or non-renewal of rebate incentives, kickbacks, or other marketing funds from MAKATECH CENTER.

Suspension of shipments.

Permanent termination of Resellers accounts with MAKATECH CENTER.

Resellers may not circumvent any term of this policy through any means. MAKATECH CENTER will interpret any violations of this policy at its sole discretion. No failure or delay in enforcing this policy shall be deemed a waiver of the right. MAKATECH CENTER reserves the right to modify this policy at any time.

 Authorized Reseller Benefits

Resellers that abide by all facets of this policy will be deemed authorized to sell MAKATECH CENTER products in e-commerce, provided they maintain constant adherence to the policy. Authorized Resellers understand they do not have any proprietary rights to MAKATECH CENTER trademarks or other intellectual property but are authorized to use MAKATECH CENTER trademarks, copyrights, images, and product information for the sole purpose of reselling MAKATECH CENTER products.

Applicability

This Policy applies to all resales of the Products. Regardless of where the Products were acquired, either directly from the MAKATECH CENTER, through an authorized distributor, or some other procurement method, a Reseller must comply with the terms of this Policy.

Handling and Storage.

The reseller agrees to handle and store the Products in a safe manner and in compliance with MAKATECH CENTER’s storage and handling guidelines. The reseller will ensure that any Products it purchased are stored in secure, climate-controlled warehouses.

Trademarks; Copyrights.

Resellers that comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use MAKATECH CENTER’s trademarks and copyrights in connection with the sale of the Products. Reseller shall not alter, modify, or change any trademark or copyright, nor shall Reseller use any trademark or copyright other than for the promotion and sale of the Products, nor shall Reseller use any trademark or copyright in any manner that negatively impacts such trademark or copyright or the MAKATECH CENTER. Failure to comply with the Policy will result in the automatic revocation of the license granted herein and total forfeiture of the rights granted herein. MAKATECH CENTER reserves the right to revoke this license at any time for any or no reason.

Locations / Reporting.

Reseller agrees to track the Products it purchases and to store all such Products at locations in compliance with this Policy. At MAKATECH SHOP CENTER’s request, the Reseller will provide MAKATECH CENTER with (a) a list of all storage locations utilized by the Reseller, (b) an inventory of Products maintained at each such storage location, and (c) physical access for MAKATECH CENTER to perform an inventory to confirm the amounts and locations of Products at Reseller’s stated locations.

Product Inspection.

Promptly upon receipt of the Products, Reseller agrees to inspect the Products for damage, defects, evidence of tampering, or other non-conformances (a “Defect”). If any Defect is identified, Reseller must not offer the Product for sale and must promptly report the Defect to MAKATECH CENTER.

Recall and Consumer Safety.

To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with MAKATECH CENTER concerning any Product recall or other consumer safety information dissemination efforts.

Customer Service.

The reseller will maintain customer service phone and email response functions to handle customer complaints, returns, and other customer service functions. At MAKATECH CENTER’s request, Reseller will provide any reports or other information related to such customer services.

Product Loss and Theft.

If any significant quantity of Products purchased by Reseller is lost or stolen, Reseller will promptly report such event to MAKATECH CENTER.

Report Unauthorized Resellers.

If Reseller has information or reasonably suspects that any person is purchasing and reselling or distributing Products in a manner not authorized by MAKATECH CENTER or in violation of this Policy, Reseller must promptly notify MAKATECH CENTER.

Support of Manufacturer’s Warranty.

The reseller may extend to any proper purchaser of the Products the original manufacturer’s warranty by its terms. The reseller may not modify or alter the original manufacturer’s warranty, represent or characterize the original manufacturer’s warranty in any misleading manner, or extend its own warranty concerning the Products. Failure to comply with this Policy will result in the total forfeiture of Reseller’s right to offer MAKATECH CENTER’s consumer warranty.

Other Information, Documents, and Reports.

Reseller must provide MAKATECH CENTER with any supplemental information, documents, and reports that MAKATECH CENTER may request to validate Reseller’s compliance with this Policy and to support MAKATECH CENTER’s warranty support and customer support obligations and initiatives.

If you have any questions or concerns about this policy please contact: customerservice@makatechshopcenter.com