Internet Reseller Policy

 Effective Immediately

Last updated: December 1, 2021

By purchasing NuGo Nutrition products for resale, you agree to adhere to this Reseller Policy.

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

NuGo has also decided that, in order to maintain and protect the viability of the NuGo reseller network for its products, in order to protect the value associated with NuGo’s Brand 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 NuGo products on the Internet unless they apply, are approved by NuGo, and execute an Authorized Internet Reseller Agreement regulating the manner in which they sell online;  
   
   
2. Transshipping Reseller shall not knowingly Transship the Products, specifically; it shall not sell or transfer any of the Products to any person or entity for resale. Reseller shall not sell or offer for sale any product bearing a trademark, copyright, patent, or name associated with NuGo or one of NuGo’s lines of products, which Reseller purchased or obtained from a source other than directly from NuGo or from an Authorized Distributor of NuGo.
   
   
3. Geographic Sales Boundary. Reseller may only sell and advertise for sale the Products within the United States of America (the “Territory”). NuGo hereby expressly prohibits the Reseller from soliciting or consummating sales outside the Territory.
   
   
4. Intellectual Property. The use of the intellectual property of NuGo, including, but not limited to, trademarks, tradenames, product images, marketing banners, and other digital assets, without written consent from NuGo 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 NuGo. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of NuGo products;
   
   
6. Quality Controls. Resellers shall comply with all quality control standards, including, but not limited to, advertising, annual storage in temperature-controlled environment (85 degrees Fahrenheit of less), and shipping requirements to include shipping in insolated boxes with ice packs from May 1st – October 31 annually, or as announced from time to time by NuGo.
   
   
7. Unilateral Policy. Resellers are informed of NuGo’s Unilateral Policies as they apply to the advertisement for sale of NuGo products from resellers to end-users in the United States and Canada.  There is no agreement, express or implied, between NuGo and resellers with respect to the advertised or resale pricing of NuGo  If any director, officer, employee, representative, or other agent of NuGo tries to coerce resellers to agree to the price at which resellers advertise or resell NuGo products, such action shall be considered void, unauthorized, and without effect and resellers shall promptly notify NuGo’s Unilateral Policy Committee at brandprotection@nugonutrition.com;
   
   
8. Service. Resellers shall provide the highest levels of customer service.  Resellers and their sales personnel shall be familiar with all NuGo 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;
   
   
9. Product Packaging. Resellers shall sell NuGo products in their original packaging. Relabeling, repackaging, bundling and other alterations are not permitted without written permission from NuGo. 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
   
   
10. Additional Terms and Conditions. Resellers agree to comply with the additional terms and conditions set forth by NuGo from time to time which may be changed by NuGo in its sole discretion.

NuGo 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 NuGo determines that a reseller is in violation of this Reseller Policy, NuGo 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.

Any questions regarding this Reseller Policy must be emailed to: brandprotection@nugonutrition.com