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This Arcane Herb Inc. Authorized Reseller Policy (the “Policy”) applies to all Authorized Resellers (“Resellers”) of Arcane Herb Inc. (dba) Arcane Herb (“AH”) products (the “Products”) in the United States.  The Policy is effective immediately.  By purchasing Products from an Authorized AH Distributor for retail sale, you (“Reseller”) agree to adhere to the following terms and conditions. 

  1. Manner of Sale.  Reseller is authorized to offer Products purchased from an Authorized AH Distributor for retail sale in accordance with the terms herein.  Sales in violation of these Terms are strictly prohibited and may result in AH’s immediate revocation of Reseller’s status as an Authorized Reseller, in addition to other remedies.  Products sold to unauthorized persons or through unauthorized channels, including unauthorized Internet sites, shall not be eligible for certain AH promotions, services, and/or benefits, including, unless prohibited by law, coverage under any AH Product guarantees.
    1. 1.1 Reseller shall sell Products solely to end users of the Products.  Reseller shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use.
    2. 1.2 Reseller shall not shall not sell, ship, invoice, or promote the Products outside the United States without obtaining AH’s prior written consent.
    3. 1.3 Reseller shall not sell or transfer any of the Products to any person or entity for re-sale without the prior written consent of AH.  This includes sales to B2B accounts, wholesalers, freight forwarders/drop shippers for other Resellers, or any other person or entity Reseller knows or has reason to know intends to re-sell the Products.  
    4. 1.4 Reseller shall not market or offer for sale the Products on any website or fulfill Reseller’s sales of Products through any website without the prior written consent of AH, which is granted solely through execution by AH of the Authorized Online Reseller Agreement.  Execution by AH of the Authorized Online Reseller Agreement constitutes the only means of providing consent to Reseller to sell AH Products online.  No AH employee or agent may authorize online sales through oral statements, other written agreement, or by any other means.  Selling on or through third-party marketplace sites (e.g., eBay, Amazon, Walmart Marketplace, Sears Marketplace), drop-ship accounts (e.g.,,,,, classified sites (e.g.,, Facebook Marketplace), or via social media or Internet forums is strictly prohibited without the prior written consent of AH. 
  2. Product Inspection.  Reseller shall inspect Products upon receipt and during storage for damage, defect, evidence of tampering, or other non-conformance.  Reseller must also confirm that product seals have not been broken.  If any defect is identified, Reseller must not offer the Product for sale and must report the defect to AH at  Furthermore, Reseller shall inspect inventory regularly for expired or soon-to-be expired Products and shall remove those Products from inventory.  Reseller shall not sell expired Products.
  3. Product Storage and Handling.  Reseller shall store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional storage guidelines specified by AH.  
  4. Alterations Prohibited.  Reseller shall sell Products in their original packaging, with all seals intact.  Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations to the Products or their packaging is prohibited.  Reseller is prohibited from tampering with, defacing, or otherwise altering serial numbers, UPC codes, lot or batch codes, or other identifying information on Products or packaging.  Removing, translating, or modifying the contents of any label or literature on or accompanying the Products is also prohibited.
  5. Recall and Consumer Safety.  To ensure the safety and well-being of the end-users of the Products, Reseller shall communicate all safety information to consumers and to cooperate with AH with respect to any Product recall.
  6. Customer Service.  Reseller must be able to accurately describe, demonstrate, and sell each Product kept in inventory and to advise end-user customers on how to use the Products safely and properly.  Reseller must be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly.  Reseller must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of AH.
  7. Consumer Confusion.  Reseller is prohibited from advertising, marketing, displaying, or demonstrating non-AH products together with AH Products in a manner that would create the impression that the non-AH products are made by, endorsed by, or associated with AH.  
  8. Compliance with Applicable Laws.  Reseller shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale and marketing of the Products.  
  9. Use of Arcane Herb Intellectual Property.  AH owns all proprietary rights in and to the AH brand, name, logo, trademarks, service marks, trade dress, patents, copyrights, and other intellectual property (the “AH Trademarks”).  Reseller is granted a limited, non-exclusive, non-transferable, revocable license to use the AH Trademarks solely for purposes of marketing and selling the Products as set forth herein, and this license shall cease immediately upon termination of Reseller’s status as an Authorized Reseller.  AH may review, approve, and/or reject, in its sole discretion, a Reseller’s use of the AH Trademarks at any time.  All goodwill arising from Reseller’s use of the AH IP shall inure solely to the benefit of AH.  
  10. Termination.  If a Reseller violates any of these Terms, AH reserves the right to terminate Reseller’s status as an Authorized Reseller in addition to all other available remedies.  Upon termination of  Reseller’s status, Reseller shall immediately cease selling the Products, representing itself as an Authorized Reseller of AH Products, and all use of anything that may give the impression that Reseller is an Authorized Reseller of AH Products or has any affiliation whatsoever with AH.
  11. Availability of Injunctive Relief.  If there is a breach or threatened breach of paragraphs 1 through 10 of this Policy, it is agreed and understood that AH shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief and other equitable remedies; provided, however, no specification in this Policy of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Policy.  No failure, refusal, neglect, delay, waiver, forbearance, or omission by AH to exercise any right(s) herein or to insist upon full compliance by Reseller with Reseller’s obligations herein shall constitute a waiver of any provision or otherwise limit AH’s right to fully enforce any or all provisions and parts thereof.
  12. Indemnification.  Except as otherwise provided herein, each party shall, and hereby does, indemnify, defend, save and hold harmless, the other party, and its directors, officers, employees, shareholders, partners, counsel, auditors, accountants, agents, advisors and all other representatives and each of the heirs, executors, successors and assigns of any of the foregoing, from and against any and all losses, liabilities, obligations, actions, causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands whatsoever, in law, admiralty, or equity, known or unknown of any kind to the extent they are caused by, arise from, are incurred in connection with (i) any breach of, or failure to perform, any term, covenant or condition in the Terms by the indemnifying party, or (ii) the negligence or willful misconduct of the indemnifying party or its officers, employees, agents or contractors.
  14. Modification.  AH reserves the right to update, amend, or modify this Policy at any time.     
  15. Miscellaneous.  This Policy and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of Connecticut, without regard to its choice of law rules.  In the event of a dispute over the terms or performance under the Policy, Reseller expressly submits to personal jurisdiction and venue in the federal or state courts in Connecticut.  If any provision of the Policy is held contrary to law, the remaining provisions shall remain valid.
  16. AH has a Unilateral Minimum Resale Price Policy (“UMRP Policy”) that applies to all resellers of AH Products located within the United States.  This paragraph is intended to inform you of the UMRP Policy.  It does not constitute consideration for any agreement between you and AH, and does not separately constitute an agreement between you and AH regarding the price you will charge your customers for the Products.  AH does not seek, nor will it accept, from Reseller any assurance of compliance with the UMRP Policy.