Below is a list of US Sales Policies as they pertain to Mechanix Wear, Inc.
US Reseller Policy
Mechanix Wear, Inc. is responsible for protecting its trademarks and brand from practices that may harm, diminish or dilute its brand or cause consumer confusion. Mechanix Wear is implementing this Reseller Policy ("Policy") to protect Mechanix Wear's premium brand positioning in the marketplace.
To remain a Mechanix Wear reseller, your business must adhere to this Reseller Policy at all times.
1. All sales of Mechanix Wear products shall be subject to (a) Mechanix Wear's Standard Terms and Conditions of Sale and any policies of Mechanix Wear governing the sale of its products in effect at the time of sale, accessible at http://www.mechanix.com/salespolicies, (b) any special terms and conditions of sale which may be included in Mechanix Wear's quotation and (c) any other terms agreed in writing between Mechanix Wear and Customer.
2. Customer agrees to keep Mechanix Wear proprietary information confidential and to comply with all applicable laws including without limitation export control laws, the U.S. Foreign Corrupt Practices Act, and any other similar laws in the jurisdiction(s) where Customer sells Mechanix Wear products.
3. No representations or warranties concerning quality, performance or other characteristics of the Mechanix Wear products other than those which are consistent in all respects with, and do not expand the scope of, Mechanix Wear's written product warranties shall bind Mechanix Wear.
4. Reseller may not alter original Mechanix Wear packaging in any way prior to reselling Mechanix Wear products. Removing Mechanix Wear products from the packaging, manipulating, bundling and/or reselling Mechanix Wear products in different packaging or under a different name is strictly prohibited.
5. Except as expressly approved by Mechanix Wear in writing, sales to any internet reseller is strictly prohibited. You may not knowingly sell to a customer that sells on third party websites or marketplaces. You may sell Mechanix Wear products via your company owned e-commerce enabled web pages. However, you shall not sell Mechanix Wear products on third-party websites or marketplaces, drop-ship accounts, classified sites, or through direct messages. For purposes of this Policy, a "third-party internet website or marketplace" is any website that is not owned and controlled by Mechanix Wear or you and which provides a virtual "storefront", auction process or any other sales opportunity (e.g. consignment) under the name or brand of a third party or co branded with a third party including by way of example: eBay, Amazon, Jet.com, Alibaba, Buy.com, Newegg.com, Overstock.com, Craigslist.com, Facebook Marketplace, etc.
6. Customer acknowledges Mechanix Wear's exclusive ownership of any intellectual property rights (including, without limitation, any patent, trademark or copyright) embodied in or associated with the Mechanix Wear products, that Customer is not the owner of and Customer shall not acquire any such right, title or interest in such intellectual property rights by virtue of this arrangement. Customer agrees not to interfere with Mechanix Wear's rights in its trademarks including challenging Mechanix Wear's use, registration of, or application to register such trademark, alone or in combination with other words anywhere in the world and Customer agrees it will not harm, misuse or bring into disrepute any Mechanix Wear mark. Customer agrees not to apply for trademarks, set up businesses, register domain names, or use social media usernames that contain the Mechanix Wear name or any of Mechanix Wear's trademarks alone or in combination with other words, anywhere in the world. The goodwill derived from using any part of a Mechanix Wear trademark exclusively inures to the benefit of and belongs to Mechanix Wear. Customer shall not alter or remove any trademarks, proprietary notices or warning labels included in, on or in connection with, the Mechanix Wear products.
7. You must provide and keep current accurate company information including all retail locations, including e-commerce stores and affiliate websites that carry Mechanix Wear products. Qualifying retail locations include: a) your physical brick and mortar store(s); b) your commerce-enabled website(s); or c) any temporary storefronts (events, trade shows, pop up stores, etc.). Updated information to be provided at: https://mechanix.com/company-contact-information.
8. You are required to maintain sales records for all Mechanix Wear products. Mechanix Wear reserves the right to audit all electronic and paper Customer records as appropriate. Upon review of your sales records if it is determined that you are knowingly selling to a customer that sells on third party websites or marketplaces, your abiIity to purchase Meehan ix Wear products may be terminated. Customers that are audited will be responsible for providing Mechanix Wear with satisfactory evidence substantiating compliance with these requirements, including but not limited to the invoice, customer contact information, shipping documents and such other documentation as is necessary to show that the requirements have been met. Refusal to cooperate with an audit under this paragraph may result in termination of the Customer's ability to purchase Mechanix Wear products.
9. By purchasing Meehan ix Wear products, you have confirmed your understanding, acceptance and agreement to all of the requirements herein. Mechanix Wear reserves the right to take any action it deems appropriate to enforce these requirements up to and including suspension and/or termination of the Customer's ability to purchase Mechanix Wear products.
10. Mechanix Wear reserves the right to amend this Policy from time to time. In addition, in extraordinary circumstances, Mechanix Wear may make exceptions to one or more of the requirements set forth in this Policy. Any such exception will not be construed as a waiver of such requirements for future sales or for any other or all resellers generally.