Frogg Toggs U.S. reseller policy

By purchasing Frogg Toggs products for resale, you agree to adhere to this Reseller Policy.

In order to ensure Guntersville Breathables, Inc. d/b/a Frogg Toggs (“Frogg Toggs”) resellers are able to sustain healthy margins on Frogg Toggs products and ensure that Frogg Toggs’ end-users are being provided a quality sales experience and customer support, Frogg Toggs has announced this Reseller Policy (the “Reseller Policy”). Frogg Toggs believes that its end-user customers are best served by having resellers who market Frogg Toggs’ products as premium brand products and who provide an outstanding level of service and support to their end-user customers.

Frogg Toggs has also decided that, in order to maintain and protect the viability of the Frogg Toggs reseller network for its products, in order to protect the value associated with Frogg Toggs’ brands 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:

1. Internet Sales Prohibited. Resellers shall be prohibited from selling Frogg Toggs products on the Internet unless they apply, are approved by Frogg Toggs, and execute an Authorized Internet Reseller Agreement regulating the manner in which they sell online;
2. Transshipping. Resellers shall not transship products. Specifically, resellers shall not sell or transfer any Frogg Toggs products to any person or entity for resale. Resellers agree to restrict, cease, or limit the sale of Frogg Toggs products to anyone at the request of Frogg Toggs;
3. Geographic Sales Boundary. Resellers may only sell and advertise for sale Frogg Toggs products within the United States of America. Frogg Toggs hereby expressly prohibits resellers from soliciting or consummating sales outside of the United States of America;
4. Intellectual Property. The use of the intellectual property of Frogg Toggs, including, but not limited to trademarks, tradenames, product images, marketing banners, and other digital assets, without written consent from Frogg Toggs is prohibited;
5. 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 Frogg Toggs. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Frogg Toggs products;
6. Service. Resellers shall provide the highest levels of customer service. Resellers and their sales personnel shall be familiar with all Frogg Toggs products marketed for sale and must obtain sufficient product knowledge to advise customers on the selection of the products, as well as any applicable warranty, guarantee, or return policy;
7. Product Packaging. Resellers shall sell Frogg Toggs 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
8. Additional Terms and Conditions. Resellers agree to comply with the additional terms and conditions set forth by Frogg Toggs from time to time which may be changed by Frogg Toggs in its sole discretion.

Frogg Toggs 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 Frogg Toggs determines that a reseller is in violation of this Reseller Policy, Frogg Toggs may take any and all appropriate legal actions, including, but not limited to, refusing to accept orders from the reseller or instructing its distributors to refuse to accept orders from the reseller.