Reseller Agreement
FIZZ CREATIONS AUTHORISED ‘STANDARD LEVEL’ RESELLER POLICY
To qualify as and remain a Fizz Creations Authorised Standard Reseller, (‘Reseller’) your business
must adhere to this Fizz Creations Standard Authorised Reseller Policy at all times.
1. Maintain Current Business Information and Disclose all locations which carry Fizz Creations Products.
Maintain accurate and up-to-date company information and if requested disclose all retail locations that carry Fizz Creations products throughout the term of your reseller relationship with Fizz Creations.
Qualifying retail locations can only be one or more of the following: your physical brick and mortar store(s), your own commerce enabled website(s), or any temporary storefronts (events, trade shows, pop up stores, etc.).
2. Report Sell-Through for Physical Retail Location(s) and E-Commerce Sites
If requested Resellers to provide sell-through information by SKU and retail channel.
3. Fizz Creations Trademarks & Brand Policy
Reseller must comply with Fizz Creations Trademark & Brand Policy (Section 19) and represent yourself as a Fizz Creations Authorised Reseller in all online advertising and sales collateral. You can read the entirety of Fizz Creations Trademark & Brand Guidelines below.
Setting up businesses, registering domain names, or using social media usernames that contain the Fizz Creations name or any of Fizz Creations brand or trademarks is strictly prohibited. To ensure compliance with Fizz Creations Authorised Reseller Policy, you must only use approved marketing materials for all Fizz Creations products.
4. Sell to Retail Consumers Only
Reseller may not sell in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers.
Reseller may only sell to the end consumers.
5. Only Purchase Fizz Creations Products Directly from Assigned and Authorised Distributors
Reseller must not buy Fizz Creations products from other retailers, or from other sources not explicitly endorsed by Fizz Creations Limited.
6. Only Sell Fizz Creations Products in Original Packaging
Reseller may not alter original Fizz Creations packaging in any way prior to reselling Fizz Creations products. Removing Fizz Creations products from packaging and reselling Fizz Creations products in a different packaging, or under a different name is strictly prohibited.
7. Use of Fizz Creations-Supplied Core Product Data and materials in Feeds
Reseller must be able to use the standard set of Fizz Creations, supplied data in product data feeds that you distribute to third-party advertising venues unless prior written permission is obtained from Fizz Creations.
8. No Bundling Fizz Creations Products without Obtaining Permission
Reseller must not re-SKU or bundle Fizz Creations products in your online assortments and data feeds without receiving prior written permission from Fizz Creations.
9. Reseller is not authorised to sell Fizz Creations products or Brands licensed to Fizz Creations outside of the Agreed Territory.
The Agreed Territory for the purposes of this agreement are the United Kingdom of Great Britain, the Channel Islands and Eire.
Reseller shall not offer for sale, or promote into other territories, or engage in cross border transactions, from any website or marketplace.
10. Reseller agrees to reasonably cooperate with Fizz Creations in preventing unauthorised exportation of Fizz Creations products.
For Fizz Creations products which are sold in bulk, defined as four (4) or more units in a single transaction, or ten (10) or more units purchased by the same individual within thirty (30) days,” the threshold”. Reseller shall endeavour to request the following information:
customer name, customer address, customer phone, product serial numbers and dates of transaction(s). The customer information is not required to be transferred to Fizz Creations, however it should be used to identify suspicious purchase patterns. In the event the customer refuses to provide such information, Reseller should reduce the transaction quantity to below the applicable threshold.
11. Customer Confusion
Reseller will not advertise, market, display or demonstrate non-Fizz Creations products together with Fizz Creations products in a manner that would create the impression that the non-Fizz Creations products are made by, endorsed by or associated with Fizz Creations.
12. Sell on Reseller owened Retail Website(s) Only
Reseller must only take orders via publicly accessible, e-commerce enabled web pages hosted on Resellers own websites owned and operated by your company. Selling on thirdparty sites (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or through direct messages on forums is strictly prohibited.
13. Sell to Customer(s) within an Assigned Geographic Territory
Reseller must restrict customer order shipments to shipping addresses located within your assigned country or designated territory. This includes not selling or shipping Fizz Creations products to end consumers online if your territory does not include the online channel.
14. Ensure PCI Compliance
Reseller must ensure PCI (payment card industry) compliance for all approved commerce enabled websites owned and operated by your company.
15. Maintain Updated Privacy Policy
Reseller must publish and maintain a publicly accessible privacy policy.
16. Operate E-commerce Business Separately from Offline Retail Business
Reseller must plan inventory for your e-commerce business separately from inventory planned for your physical store’s business and provide accurate sell-through numbers for each.
17. Security Measures from E-Commerce Sites and Fraud Protection
Reseller must ensure industry-standard e-commerce security and fraud protection measures are in place, including two-factor authentication, authorized territory shipping restrictions and customer fraud resolution procedures.
18. Obey the Law, Abide by Policy Rules and Serve Customer Needs
Reseller must comply with all applicable laws, rules, regulations and policies related to the advertising, sale and marketing of Fizz Creations products. Reseller must provide a level of sales support and customer support for our customers that, at a minimum, demonstrates industry best practices. Failure to comply with all the terms in Fizz Creations Authorised Reseller Policy will result in
suspension or termination of your account.
19. Trademark & Brand Policy
Below you’ll find our trademark and brand guidelines, which explain how you can interact with Fizz Creations brands correctly. Fizz Creations trademarks are protected internationally and include trademarks and registered trademarks, logo, and other logos, symbols, icons, graphics, phrases, taglines, or images that identify the source or origin of Fizz Creations products and services (the “Fizz Marks”). Fizz Creations Limited are also authorised, licensed or a master distributor for other “brands” whose trademarks ae equally protected. The use of these “Brand” trademarks shall remain the property of the individual rights holders. These “Brands” trademarks and intellectual property shall only be used in accordance with the terms of this policy and any granted use.
20. General Brand Usage Guidelines
Trademarks and Logos for Products, Names, Apps, Publications, Social Media and Websites
- Do not use the Fizz Marks in a way that implies partnership, sponsorship, affiliation, or endorsement with Fizz Creations Limited.
- Avoid trademarks, company names, product or feature names, domain names, or social media handles that are confusingly similar to the Fizz Marks, such as those that include the word “Fizz”
- Do not use or display the Fizz word marks (such as Fizz Creations) more prominently than your company, product, or service name.
- Do not alter the Fizz Marks. “Fizz Creations” is our proper name, and it should be capitalized
accordingly. - Do not use the Fizz Marks as nouns or in the plural or possessive form.
- Do not use, copy, alter, or imitate Fizz’s logos, trade dress, colour scheme, website, products, packaging, icons, marketing materials, copy, or photographs.
- All uses of the Fizz Marks must be truthful and accurate, and not likely to cause confusion as to source, affiliation, or association.
- Do not use the Fizz Marks in a damaging or derogatory way.
- If you are an authorized Fizz Creations distributor or reseller, you should review your agreement with Fizz to understand your authorization to use the Fizz Marks.
Promotions & Giveaways
Generally, we will not provide written permission for your company to give away Fizz products, but, if you do, you must follow the Fizz Trademark & Brand Policy. You may make factual, truthful statements about the product that you are using in your promotion (e.g.,
“We are giving away a Fizz …….”). But please include the following statement conspicuously in your promotional material: “Fizz Creations, and their respective logos are trademarks or registered trademarks of Fizz Creations Limited. Fizz Creations is not a participant in or sponsor of this promotion.” If you want to show a picture of the product that you are using in your promotion, please do not use our images (e.g., do not copy or modify images from our website to use in your promotion).
Follow all General Brand Usage Guidelines:
- Do not use any portion of the Fizz Marks as part of your company, product, or service name.
- Do not apply for or attempt to register a trademark or service mark for the Fizz Marks, any portion thereof, or any marks that are confusingly like the Fizz Marks.
- If you are making or developing something that can be used with our products you may make factual, truthful statements about how your item is compatible with a Fizz product or service. If true, you may state: “Can be used with Fizz ……” However, you must include the following text on every page where it can be seen by someone purchasing such an item: “This product and/or service is not affiliated with, endorsed by, or in any way associated with Fizz Creations Limited or its products and services. Fizz, and their respective logos are trademarks or registered trademarks of Fizz Creations Limited.”
21. Copyright & Intellectual Property
All product design, packaging, images, video, digital media and marketing materials, including social media content is protected by copyright, and all Intellectual property rights remain the property of Fizz Creations Limited. The only permitted usage is defined and granted within our Authorised Reseller Agreement and Brand Guidelines.