Effective Date: February 1, 2022
By purchasing Dr. Brandt products for resale, you agree to adhere to this Reseller Policy.
In order to ensure Cosmetic Dermatology, LLC d/b/a Dr. Brandt Skincare (“Dr. Brandt”) resellers are able to sustain healthy margins on Dr. Brandt products and ensure that Dr. Brandt’s end-users are being provided a quality sales experience, expertise, and customer support, Dr. Brandt has announced this Reseller Policy (the “Reseller Policy”). Dr. Brandt believes that its end-user customers are best served by having resellers who market Dr. Brandt products as premium brand products and who provide an outstanding level of service and support to their end-user customers.
Dr. Brandt has also decided that, in order to maintain and protect the viability of the Dr. Brandt reseller network for its products, in order to protect the value associated with Dr. Brandt in connection with its products, and in order to ensure high-quality support by resellers to end-users of those products, resellers must comply with the following terms and conditions:
- Internet Sales Prohibited. Resellers shall be prohibited from selling Brandt products on the Internet unless they apply, are approved by Dr. Brandt, and execute an Authorized Internet Reseller Agreement regulating the manner in which they sell online;
- Transshipping. Resellers shall not transship products. Specifically, resellers shall not sell or transfer any Brandt products to any person or entity for resale. Resellers agree to restrict, cease, or limit the sale of Dr. Brandt products to anyone at the request of Dr. Brandt;
- Geographic Sales Boundary. Resellers may only sell and advertise for sale Brandt products within the United States of America. Dr. Brandt hereby expressly prohibits resellers from acquiring products or soliciting or consummating sales outside of the United States of America;
- Intellectual Property. The use of the intellectual property of Brandt, including, but not limited to, trademarks, tradenames, product images, marketing banners, and other digital assets, without written consent from Dr. Brandt is prohibited;
- Sales Practices. Resellers shall conduct their business in a reasonable and ethical manner at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the products except as expressly authorized by Brandt. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Dr. Brandt products;
- Quality Controls. Resellers shall comply with all quality control standards, including, but not limited to, advertising, storage, and shipping requirements, as announced from time to time by Brandt;
- Unilateral Policy. Resellers are informed of Brandt’s Unilateral Policy as it applies to the advertisement for sale of Dr. Brandt products from resellers to end-users in the United States. There is no agreement, express or implied, between Dr. Brandt and resellers with respect to the advertised or resale pricing of Dr. Brandt products. If any director, officer, employee, representative, or other agent of Dr. Brandt tries to coerce resellers to agree to the price at which resellers advertise or resell Dr. Brandt products, such action shall be considered void, unauthorized, and without effect and resellers shall promptly notify Dr. Brandt’s Unilateral Policy Committee at UP@drbrandtskincare.com;
- Service. Resellers shall provide the highest levels of customer service. Resellers and their sales personnel shall be familiar with all Brandt products marketed for sale;
- Indemnification. Reseller agrees to indemnify, defend and hold Brandt harmless from and against any and all claims, actions, damages, losses and expenses (including reasonable attorney’s fees) ( collectively “Loss”) that Dr. Brandt may incur to the extent that such Loss arises out of or results from (i) a breach of any term or condition of this Agreement by Reseller, (ii) a breach of any representation made or warranty given in this Agreement by Reseller, (iii) any negligent acts or omissions of Reseller, (iv) any personal injury (including death) or illness experienced by any consumer of the Products caused by Reseller’s acts or omissions, (v) any quality or condition of or inherent defect introduced into the Products after the time of delivery to Reseller; or (vi) the conduct of Reseller’s Business.
- Product Packaging. Resellers shall sell Brandt products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of separate products), and other alterations are not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on products or their packaging is prohibited. Resellers shall not remove, translate, or modify the contents of any label or literature on or accompanying the products; and
- Additional Terms and Conditions. Resellers agree to comply with the additional terms and conditions set forth by Brandt from time to time which may be changed by Dr. Brandt in its sole discretion.
Dr. Brandt reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and a reseller’s continued use, advertising, offering for sale, or sale of the products will be deemed reseller’s acceptance of the amendments.
If Dr. Brandt determines that a reseller is in violation of this Reseller Policy, Dr. Brandt may take any and all appropriate legal actions, including, but not limited to, refusing to accept orders from the reseller.
Any questions regarding this Reseller Policy must be emailed to: UP@drbrandtskincare.com