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Plaid Reseller Policy

No reseller is permitted to sell or offer to sell any products of Plaid Enterprises, Inc. (“Plaid”) to any third-party e-commerce websites, including, but not limited to: Amazon.com, Ebay.com, Wal-Mart.com (Jet.com), Target Marketplace, Etsy.com and any non-U.S. marketplace websites such as Amazon Canada, Amazon Europe, etc., without the express written approval of Plaid.

 

In the event any reseller violates this policy, Plaid may terminate its business relationship with the violating reseller, cancel, restrict, or refuse any of such reseller’s pending or future orders, suspend such reseller’s account, and/or exercise or pursue any other remedy available to Plaid at law, in equity or otherwise, including, without limitation, injunctive relief.

 

Plaid will check all websites and online marketplace stores, from time to time, for resellers’ compliance with this policy.  Plaid reserves the right to refuse, in its sole and absolute discretion, any reseller’s request to sell or display any Plaid product at any time.

Plaid Reseller Agreement

By checking "I have read and I agree" and completing a purchase from Plaid, you ("Reseller") agree to the following terms governing your purchase, resale, and use of products manufactured by Plaid Enterprises, Inc. ("Plaid"). If you do not agree, do not complete your purchase.

1. Reseller Policy. No Reseller is permitted to sell or offer to sell any products of Plaid to any third-party e-commerce websites, including but not limited to Amazon.com, eBay.com, Wal-Mart.com, Jet.com, Target Marketplace, Etsy.com, and any non-U.S. marketplace websites such as Amazon Canada or Amazon Europe, without the express written approval of Plaid.

In the event any Reseller violates this policy, Plaid may terminate its business relationship with the violating Reseller, cancel, restrict, or refuse any of such Reseller's pending or future orders, suspend such Reseller's account, and exercise or pursue any other remedy available to Plaid at law, in equity, or otherwise, including without limitation injunctive relief.

Plaid will check websites and online marketplace stores, from time to time, for Resellers' compliance with this policy. Plaid reserves the right to refuse, in its sole and absolute discretion, any Reseller's request to sell or display any Plaid product at any time.

2. Repackaging. Plaid does not authorize, supervise, or participate in the repackaging of its paint, and any decision by Reseller to transfer Plaid paint into alternate containers or incorporate it into kits or other repackaged products is made independently and at Reseller's sole discretion and risk. If Reseller does so, the following applies:

(a) Manufacturer of Record. Reseller is solely responsible for all repackaging, handling, filling, sealing, labeling, and distribution of the paint once it is removed from Plaid's original container. Such repackaging creates a new, independently packaged product for which Reseller is the manufacturer of record. Plaid has no control over the conditions, methods, or environment in which the repackaging occurs.

(b) Indemnification and Release. Reseller agrees to defend, indemnify, and hold harmless Plaid and its officers, employees, and affiliates from any and all claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or related to the repackaged product or any repackaging activity, including but not limited to claims involving product defects, handling, filling, sealing, labeling, warnings, or failure to comply with applicable regulations. Reseller assumes all risk associated with the repackaging, resale, and distribution of Plaid paint once it is removed from Plaid's original container, and releases Plaid from any liability arising from those activities. Plaid makes no warranties, express or implied, regarding the suitability of its paint for repackaging or resale.

(c) No Use of Plaid Branding. Reseller will not use Plaid's trademarks, trade names, product names, logos, branding, or color names, including but not limited to "Plaid," "FolkArt," "Apple Barrel," and "Delta," on any repackaged product or kit, and will not state or imply that Plaid endorses, approves, is affiliated with, or manufactures, packages, or distributes the repackaged product.