Thank you for choosing to merchandise PASTEASE brand nipple pasties in your store. In order to support our entire community of distributors, boutique, franchise and online resellers, we have developed this wholesale policy guide to create a sustainable and profitable atmosphere for all resellers.
Retailers and Distributors ('You') may apply for a Pastease Reseller account using the Pastease Wholesale Account Application form on the Wholesale/Reseller page of Pastease.com. SFF Inc ('We/Us') reserves the right to accept and refuse any application and reseller account status at anytime and for any reason.
Resellers may submit purchase orders by 1) logging into their assigned wholesale account on Pastease.com, 2) By email to firstname.lastname@example.org, 3) By phone to 805-646-1913 or 4) By any other means as we may offer by direct promotion from time to time. Orders may be considered confirmed by us after receipt of a final invoice.
Terms of payment are as offered or otherwise agreed between the parties.
We reserve the right to cancel any order or any part hereof, with no liability or obligation to reseller.
Reseller further agrees to indemnify and save us harmless for, from and against any and all responsibility, liability, loss or expense of every type, nature and description without exception, by reason of any claim of any person, firm, corporation or governmental agency, or of any litigation ensuing therefrom, including but not limited to any product, patent; trademark; trade secrets; copyright; trade-name; unfair trade or competition; defective or adulterated or unmerchantable condition (whether the merchandise is manufactured by us or not, or whether the condition is discoverable by the reseller or by us); or otherwise concerning such merchandise sold or shipped pursuant to any purchase order thereof arising directly or indirectly from the sale of such merchandise by us in our business and/or by the use by us of the packaging labels, brands, trade-names, trade-marks, or any other advertising or promotional material furnished or authorized by us in connection therewith.
Returns must be pre-authorized and are accepted in new condition and only in exchange for product of the same value. Custom, special, promotional, free, discontinued and the like products may not be returned, exchanged or refunded for any reason. Shipping costs for all returns are incurred by Reseller. Restock fees up to 10% of the invoiced value may be incurred against any return. We reserve the right to refuse returns received outside of these conditions.
All information contained in any document or otherwise exchanged between the parties shall be considered confidential. The communications channels of each party as given on the wholesale application represents the only authorized channel of communications.
All transactions will be governed and construed in accordance with Idaho state law, without regard to conflict of law principles, and shall be treated as if the entire transaction was entered into in the State of Idaho. The state and federal courts in Bonner County, Idaho shall have sole and exclusive jurisdiction over any disputes between the parties. Each party hereby submits to personal jurisdiction in Bonner County, Idaho and waives any claims it may have for forum non convenient. In the event we institute an action, proceeding or counterclaim against reseller, reseller shall reimburse us for the total amount of court costs, expenses and reasonable attorneys’ fees.
We may update these policies at any time. Check back regularly for updates.
Minimum Advertised Pricing Agreement
Policy Effective January 1st, 2022, a Minimum Advertised Price policy on all Pastease®, Pastease Everyday™, et al (Pastease) branded products will be in effect (herein referred to as "MAP policy"). As used in this MAP policy, “Reseller” means any reseller, distributor, sales representative or dealer. SFF Inc. for Pastease (Manufacturer) has done extensive investment of time and money and resources in building a brand of strong recognition and high perceived value. By not adhering to the established MAP policy, a reseller can dramatically diminish and detract from the perceived value of Pastease brands and products and thereby cause damages to the Pastease brand name. This MAP policy is intended to allow consumers to purchase from Resellers based on loyalty and customer experience. In the interest of protecting both Resellers and consumers, it is necessary to abide by the following requirements.
1. The Minimum Advertised Price for any Pastease product shall be no less than the current Minimum Advertised Price (MAP) as published on the Pastease price list, available on request from Manufacturer or your authorized distributor. This Minimum Advertised Price is established by Manufacturer and may be adjusted by Manufacturer at such time and in such amounts as it may determine at its sole discretion.
2. Reseller shall not list Pastease products on any third-party marketplace, such as Amazon, Etsy, Ebay, Overstock, Walmart or any others, without prior written consent from Manufacturer. Selling Pastease products on Reseller’s own website associated directly with your store(s), DBAs or aliases is permissible so long as this MAP policy is adhered to.
3. This MAP policy applies to all advertisements of Pastease products in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet or other electronic media, television, radio, and public signage.
4. The inclusion in advertising of free or discounted products, with a product covered by this MAP policy, would be contrary to the MAP policy if it has the effect of discounting the advertised price of the covered product below the Minimum Advertised Price.
5. If pricing is displayed anywhere other than a brick-and-mortar-retail store, any strike-through or other alteration of the Minimum Advertised Price is prohibited.
6. This MAP policy does not establish maximum advertised prices. All resellers may offer Pastease products at any price in excess of the Minimum Advertised Price.
7. The MAP policy does not, in any way, limit the ability of any reseller to advertise that "they have the lowest prices" or, they "will meet or beat any competitors’ price," that consumers should "call for a price" or phrases of similar meaning as long as the price advertised or listed for the product is not less than the Minimum Advertised Price.
8. Manufacturer maintains the right to run a temporary sale at its discretion, and in such case, the Minimum Advertised Price will be the same as the temporary sale price on those particular items for that particular time period.
9. If a reseller with multiple store locations violates this MAP policy at any one store location, or on any associated website, then Pastease will consider this to be a violation of this MAP policy by the reseller.
10. Manufacturer reserves the right to cancel any pending orders, restrict future orders, or suspend a reseller's account if Manufacturer reasonably believes: (i) a reseller has violated the provisions of the MAP policy; or (ii) a reseller intends to violate the MAP policy.
11. Pastease' MAP Policy Administrator is solely responsible for determining whether a violation of the MAP policy has occurred, as well as for determining appropriate consequences and sanctions.
12. Waivers to the MAP policy may be granted in Manufacturer’s sole discretion by the MAP Policy Administrator in a written waiver. Manufacturer's sales and marketing personnel, or any other personnel, are not authorized to modify or grant exceptions to the MAP policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP policy, resellers must strictly adhere to the terms of the written waiver. Deviation from the terms of the written waiver is a violation of the MAP policy.
13. Manufacturer monitors the advertised prices of resellers, either directly or via the use of third party agencies or tools. Resellers are expected to provide reasonable cooperation in any Manufacturer investigations regarding possible MAP policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a Manufacturer MAP policy investigation is a violation of the MAP policy.
14. The MAP policy will be enforced by Manufacturer in its sole discretion and without notice. Resellers have no right to enforce the MAP policy. Violations of the MAP policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law.
15. In no event shall either party be liable to the other for any special, indirect, exemplary or consequential damages arising out of this agreement or purchase or use of the products.
16. Reseller shall not dispute or contest for any reason whatsoever, directly or indirectly, the validity, ownership, license or enforceability of any of the trademarks of Manufacturer, nor directly or indirectly attempt to acquire or damage the value of the goodwill associated with any of the trademarks of the Manufacturer, nor counsel, procure or assist any third party to do any of the foregoing. Reseller will not institute any proceedings with respect to the trademarks of Manufacturer either in Reseller’s own name or on behalf of Manufacturer without express written permission of Manufacturer. Reseller shall assign to the Manufacturer, without charge, any rights in the trademarks of Manufacturer that may inure to the benefit of Reseller pursuant to this agreement or otherwise. Reseller shall execute any documents or do any acts that may be required to accomplish the intent of this section.
17. Manufacturer expressly reserves all rights and remedies hereunder and are cumulative and not exclusive of any rights or remedies which the Manufacturer would otherwise have. No single or partial exercise of any such right or remedy by Manufacturer, and no discontinuance of enforcement shall preclude any further exercise thereof or of any other right or remedy of Manufacturer.
18. This agreement may be amended here from time to time and any such amendment shall be effective only to the extent specifically set forth in such writing.
19. All questions related to the MAP policy should be directed to: email@example.com or by mail to: SFF Inc, 217 Cedar St #64, Sandpoint, ID 83864. The MAP policy has been established by Manufacturer to help preserve and protect the reputation of Pastease name, brand and products. The MAP policy is also designed to ensure Resellers have the incentive to invest resources into services for Manufacturer’s customers. Reseller indicates understanding of this policy and Reseller’s willingness to abide by its terms and conditions by submitting any purchase order under their pre-approved wholesale account.