CANADA RESELLER POLICY
By purchasing Tile Products for resale, you agree to adhere to this Reseller Policy
In order to ensure Tile, Inc. (“Tile”) authorized resellers (“Resellers”) are able to sustain healthy margins on Tile Products (“the “Product(s)”) and ensure that Tile’s end-users are being provided a quality sales experience and customer support, Tile has announced this Reseller Policy (the “Reseller Policy”). Tile believes that its end-user customers are best served by having resellers who market Tile’s Products as premium brand products and who provide an outstanding level of service and support to their end-user customers.
Tile has also decided that, in order to maintain and protect the viability of the Tile reseller network for its Products and to maintain its premium brand image, protect the value associated with the Tile brands in connection with its Products, and in order to ensure high-quality support by resellers to end-users of the those Products, resellers must comply with the following terms and conditions:
Internet Sales Prohibited. Reseller shall be prohibited from selling Tile Products on the Internet unless it applies, is approved by Tile, and executes an Authorized Internet Reseller Agreement or other similar agreement regulating the manner in which it sells online;
Transshipping. Reseller shall not transship Products. Specifically, Reseller shall not sell, transfer, or offer for sale any Product(s) to any person or entity for resale;
Sales to End Users Only. Unless otherwise agreed with Brand Owner in writing, Reseller may only purchase Products for resale to consumers and end user customers, and Reseller may not resell Products to other Resellers, distributors or for further distribution in any manner;
Geographic Sales Boundary. Reseller may only sell and advertise for sale Tile Products within Canada. Tile hereby expressly prohibits the Reseller from soliciting or consummating sales outside of Canada;
Intellectual Property. The unauthorized use of the intellectual property of Tile is prohibited. Resellers that comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use Tile’s trademarks and copyrights in connection with the sale of the Products. Reseller shall not alter, modify, or change any trademark or copyright, nor shall Reseller use any trademark or copyright other than for the promotion and sale of the Products, nor shall Reseller use any trademark or copyright in any manner that negatively impacts such trademark or copyright or the Tile. Failure to comply with the Policy will result in the automatic revocation of the license granted herein and a total forfeiture of the rights granted herein. Tile reserves the right to revoke this license at any time for any or no reason;
Sales Practices. Reseller shall conduct its 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 Tile. Reseller shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Tile Products;
Service. Reseller shall provide the highest levels of customer service. Reseller and Reseller’s sales personnel shall be familiar with the special features of all Tile Products marketed for sale and must obtain sufficient product knowledge to advise customers on the selection and safe use of the products, as well as any applicable warranty, guarantee, or return policy;
Product Packaging. Reseller shall sell Tile Products in their original packaging. Relabeling, repackaging (including the separation of bundled products or the bundling of separate products), and other alterations are not permitted. 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. Reseller shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products;
Recall and Consumer Safety. To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with Tile with respect to any Product recall or other consumer safety information dissemination efforts;
Product Loss and Theft. If any significant quantity of Products purchased by Reseller are lost or stolen, Reseller will promptly report such event to Tile;
Report Unauthorized Resellers. If Reseller has information or reasonably suspects that any person is purchasing and reselling or distributing Products in a manner not authorized by Tile or in violation of this Policy, Reseller must promptly notify Tile;
Support of Manufacturer’s Warranty. Reseller may extend to any proper purchaser of the Products the original manufacturer’s warranty in accordance with its terms. Reseller may not modify or alter the original manufacturer’s warranty, represent or characterize the original manufacturer’s warranty in any misleading manner, or extend its own warranty with respect to the Products. Failure to comply with this Policy will result in the total forfeiture of Reseller’s right to offer Tile’s consumer warranty;
Other Information, Documents and Reports. Reseller must provide Tile with any supplemental information, documents and reports that Tile may request in order to validate Reseller’s compliance with this Policy and to support Tile’s warranty support and customer support obligations and initiatives.
Tile reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise provided, such amendments will take effect immediately and Reseller’s continued use, advertising, offering for sale, or sale of the Products will be deemed Reseller’s acceptance of the amendments.
If Tile determines that Reseller is in violation of this Reseller Policy, Tile may take any and all appropriate legal actions, including, but not limited to refusing to, accept orders from Reseller or instructing its distributors to refuse to accept orders from Reseller.
Tile’s sales personnel have no authority to modify or grant exceptions to this Unilateral Policy. All questions regarding interpretation of this Policy should be directed to the Reseller Policy Committee at [email protected].