This reseller agreement is between nonda (No NDA Inc.) (hereby referred to as “nonda”), a Delaware Corporation with its principal office at 828 Bryant Street, Palo Alto, CA 94301 and a nonda Reseller (“Reseller”)
nonda is the owner of all rights, title and interest in and to, and owns the exclusive right to sell, products incorporating “Nonda”, “nonda”, “No NDA Inc.” and similar trademarks and trade names and intellectual property used in connection therewith; and enters into agreement to permit this signed reseller as authorized reseller of nonda’s products.
Reseller and nonda agree to enter into an agreement to sell nonda’s products as an authorized reseller and must agree to the following terms.
(a) Pricing. Prices cannot be negotiated. All resellers agreeing to be a nonda reseller must comply with our MAP and MSRP policy. Failure to follow our MAP policy will result in immediate termination of an agreement and the Reseller will not be able to sell until the price is updated according to our MAP.
(b) Sales. No Reseller is allowed to sell nonda products on Amazon and eBay. Failure to follow this rule will terminate agreement and reseller will not be able to return purchased products. Only nonda is allowed to sell on Amazon.
(c) Returns/Refunds. Once product(s) is purchased, Reseller is responsible for selling the products. nonda will only offer credits for defective products, but Reseller cannot and will not be able to get refund for the completed orders. Furthermore, Reseller is responsible for the shipping costs that may occur when they return the defective units. nonda will not issue monetary refunds. Only defective products are protected by our warranty policy to be replaced and/or returned.
(d) Trademarks. “Nonda”, “nonda”, “No NDA Inc.” and such other similar trademarks and trade names as Nonda may from time to time may employ or use in connection with, or authorize Reseller to employ or use in connection with the marketing, distributing, and selling the Products. Reseller must notify nonda and get an approval prior to using trademarks. No reseller is to create a website using nonda’s name as the domain name.
(e) Other Intellectual Property. All intellectual property which is from time-to-time incorporated, used, practiced, embodied in, or otherwise employed or used in connection with the Products, including, but not limited to, patents, trade secrets, industrial designs, trade dress, copyrights, and design patents, whether owned or licensed by Nonda and regardless of registration, are protected by nonda.
(f) Confidential Information. All Trade Secrets, knowledge, data and other information exchanged between the Company and the Reseller are to be kept confidential, including but not limited to products, potential products, and specifications, processes, know-how, designs, formulas, data, inventions, customer lists, business plans, marketing plans and strategies, pricing strategies and other subject matter pertaining to any research, business, or planned or contemplated business. Failure to do so will result in immediate termination of contract and possible legal action.
(g) Payment. All products must be paid in advance via approved payment terms by nonda. For international resellers, only wire transfer is available. For domestic resellers, PayPal, certified check and wire transfer are approved. nonda will not ship products until payment is sent and confirmed from our end. Partial payment is not allowed for international resellers.
(h) Shipment. Shipping costs will be calculated with Reseller’s order. nonda is not responsible for delayed shipping due to unforeseen circumstances such as weather, customs clearance and other factors that may arise once shipments leave nonda’s warehouses. Reseller cannot cancel an order once products are shipping out.
(i) Others. Failure to follow these aforementioned rules will result in termination of agreement and partnership with nonda. nonda has the right to refuse service and terminate working relationship due to unethical business practices and/or failure to respect and comply with nonda’s business rules and guidelines.
I certify that I have read the terms and conditions. By signing this document, I agree to these terms and conditions as an authorized nonda reseller. I understand I will be removed as an authorized nonda reseller and will no longer be allowed to sell nonda products, if I fail to follow these terms and conditions set forth above.