Authorized Retailer Policy

To qualify as and remain as a DEMDACO Authorized Retailer you must adhere to this Authorized Retailer Policy at all times.

1. Maintain Current Business Information and Disclose All Locations That Carry DEMDACO product

Maintain accurate and up-to-date company information and disclose all retail locations and websites that carry DEMDACO and Willow Tree products throughout the term of your Retailer relationship with DEMDACO. Qualifying retail locations can only be one of the following: your physical brick and mortar store(s), your commerce-enabled website(s), or any temporary storefronts (events, trade shows, pop up stores, etc.). Any marketing or sales on third-party sites like Amazon, eBay, Sears Marketplace, JET, Google Shopping, Rakuten, Wal-Mart Marketplace, Ali-Baba, Ali-Express, and Taobao are strictly forbidden unless DEMDACO has a signed Online Marketplace Retailer Agreement with your company.

1. Report Sell-Through for Physical Retail Location(s) and E-Commerce Sites

   Retailer must provide sell-through information by SKU and approved retail location upon request. DEMDACO reserves the right to perform an audit of all financial statements pertaining to DEMDACO sales or the business operations (conduct) to ensure compliance with this policy.

2. DEMDACO® and Willow Tree® Trademarks & Brand Policy

   Retailer must comply with DEMDACO and Willow Tree Trademark & Brand Policy and represent yourself as an Authorized Retailer in all online advertising and sales collateral. Setting up businesses, registering domain names, or using social media usernames that contain the DEMDACO AND/OR WILLOW TREE name or any of DEMDACO or Willow Tree trademarks is strictly prohibited. To ensure compliance with DEMDACO’s Authorized Retailer Policy, you must only use approved marketing materials for all DEMDACO AND WILLOW TREE products which are provided by your sales representative or DEMDACO customer support.

3. Trademarks and Logos for Products, Names, Apps and Websites

   Retailer must not use the DEMDACO and Willow Tree Marks in a way that implies partnership, sponsorship, affiliation or endorsement with DEMDACO. You must:

   • Avoid trademarks, company names, product or feature names, domain names, or social media handles that are confusingly similar to the DEMDACO’s Marks.
   • Do not use or display the DEMDACO and Willow Tree word marks more prominently than your company, product, or service name.
   • Do not alter the DEMDACO or Willow Tree Marks. These trademarks are proper names and should be capitalized accordingly.
   • Do not use, copy, alter or imitate DEMDACO and Willow Tree logos, trade dress, color scheme, website, products, packaging, icons, marketing materials or photographs. 
   • All uses of the DEMDACO and Willow Tree Marks must be truthful and accurate, and not likely to cause confusion as to source, affiliation or association.
4. SUGGESTED RETAIL PRICE (SRP) AND DEMDACO’s MAP POLICY

   DEMDACO does not, and never will, seek any agreement from an Authorized Retailer that sets minimum resale prices when such agreement is contrary to applicable state or federal law. DEMDACO does not, and never will, seek any agreement from an Authorized Retailer that sets minimum resale prices. In accordance with applicable legal rules, we do advise DEMDACO® Retailers that in accordance with our internal, unilateral policy, DEMDACO may decide not to deal with Retailers that sell the DEMDACO or Willow Tree® line at retail prices below the Suggested Retail Price (SRP). Retailer must review and understand the detailed DEMDACO® Minimum Advertised Price (MAP) Policy. In accordance with applicable legal rules, and in accordance with our internal, unilateral, policy, DEMDACO has set, and from time to time may exercise its independent business judgment to revise, its Minimum Advertised Price (MAP) policy, as posted on our DEMDACO Retailers website (subject to revision in our business judgment), including but not limited to revisions in one or more products or product lines for specific promotional periods, addressing seasonal changes in product demand, excess inventory issues, or other marketing considerations. In many situations, Demdaco may reflect other approaches appropriate to specific products and market factors such as those described above. DEMDACO’s day-to-day MAP may be revised by DEMDACO to reflect other marketing strategies consistent with our overall strategy. Where retailers decide to advertise our Willow Tree® line or other DEMDACO products in a manner that is inconsistent with our retail policy, we may exercise our right not to make further sales to that account. When such decisions are made, they are not subject to any negotiation or modification. Please note that no DEMDACO Account Executive is authorized to discuss or comment on any aspect of this policy or any decision made in connection with this policy.

   Consistent with our Dealer Policy Statement, please note that DEMDACO has established the MAP for the Santa’s Kindness SKU at $39.99.

5. Sell to Retail Consumers Only

   Retailer may not sell or transfer products in bulk to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers, third-party websites like Amazon, bulk purchasers or other Retailers or any other entity, that Retailer knows or should know has intent to resell the Products. Retailer may only sell to persons that are end users of the products.

6. Only Purchase DEMDACO and Willow Tree Products Directly from DEMDACO

   Retailer must not buy DEMDACO and Willow Tree products from other retailers, or from other sources not explicitly endorsed by DEMDACO.

7. Only Sell DEMDACO and Willow Tree Products in Original Packaging

   Retailer may not alter original DEMDACO packaging in any way prior to reselling DEMDACO and Willow Tree Products. Removing DEMDACO and Willow Tree Products from packaging, altering or changing UPC codes, changing or removing expiration dates, altering trademarks, removal or altering of serial numbers, tracking codes, or any other identifying information and reselling DEMDACO and Willow Tree Products in any condition other than sold by DEMDACO is strictly prohibited.

8. No Comingling Of Products

   Retailer may not sell to websites like Amazon, Wal-Mart Marketplace or any other third-party seller or website or allow DEMDACO and Willow Tree products to be comingled with any other products, including DEMDACO and Willow Tree authorized products from other authorized DEMDACO sellers.

9. No Bundling DEMDACO and Willow Tree Products without Obtaining Permission

   Retailer must not re-SKU or bundle DEMDACO products in your online assortments and data feeds without receiving prior written permission from DEMDACO.

10. Bulk Sales Customer Confusion

    Retailer will not advertise, market, display or demonstrate non-DEMDACO products together with DEMDACO and Willow Tree products in a manner that would create the impression that DEMDACO’s products are made by, endorsed by or associated with another supplier.

11. Sell on Approved Retail Website(s) Only

    Retailer must only take orders via publicly accessible, e-commerce enabled web pages hosted on approved websites owned and operated by your company. Selling on third-party sites (eBay, Amazon, Alibaba, Wal-Mart, Sears, JET, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or through direct messages on forums, or through Social Media Accounts like (Facebook, Twitter, Instagram, etc.) is strictly prohibited.

12. Provide Quality Customer Service

    Retailer and Retailer’s sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise end-user customers on the selection and safe use of the Products, as well as any applicable return policy. Retailer must provide customer service solutions promptly that will respond to customer questions and concerns both before and after sale of the Products. Retailer and Retailer’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of DEMDACO. Retailer agrees to cooperate fully with DEMDACO in any investigation or evaluation of such matters.

     
13. Product Care, Quality Controls & Material Differences

    Product Storage and Handling: Products delivered to and under the care of the Retailer shall be stored in a safe manner that protects the DEMDACO and Willow Tree products, and brand reputation by storing them in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and in accordance with any additional DEMDACO storage guidelines that may be specified by the DEMDACO from time to time. Product Inspections. Retailer upon receipt of the Products shall inspect the Products received by the DEMDACO for damage, defect, or other nonconformance (collectively, “Defects”). If the products are damaged or defective Retailer must not offer the Products for sale. Retailer shall report the defect immediately to the DEMDACO at support@demdaco.com. Recall of Products. The DEMDACO reserves the right to recall Products that are defective or a risk to the consumers safety. Retailer shall cooperate with any and all safety information dissemination programs or Recall efforts of the DEMDACO. Once a recall has been announced the Retailer must not offer the Product for sale, and must promptly report the defect to the DEMDACO at support@demdaco.com. Product Warranties & Guarantees. DEMDACO provides a Product warranty that includes a 100% satisfaction guarantee that Retailer must familiarize themselves with and honor according to the DEMDACO and Willow Tree offerings and policies.

14. Ensure PCI Compliance

    Retailer must ensure PCI (payment card industry) compliance for all approved commerce- enabled websites owned and operated by your company.

15. Maintain Updated Privacy Policy

    Retailer must publish and maintain a publicly accessible privacy policy.

16. Operate E-commerce Business Separately from Offline Retail Business

    Retailer must plan inventory for your e-commerce business separately from inventory planned for your physical store’s business and be able to provide accurate sell-through numbers for each. Failure to comply with all of the terms in DEMDACO’s Authorized Retailer Policy will result in suspension or termination of your account.