E.T. Browne Drug Co., Inc.
Authorized Reseller Policy
E.T. Browne Drug Co., Inc. (“E.T. Browne”) is committed to working with customers to facilitate the sale of E.T. Browne products including those under the PALMER’S® brand (collectively, E.T. Browne products may be referred to as “PALMER’S®”), through ecommerce channels. E.T. Browne maintains an eCommerce Authorized Reseller Policy to protect the PALMER’S® brand and intellectual property, as well as authorized channel partners. This policy is also in place to protect end customers, ensuring they receive accurate product information, pricing and warranty protection that meets E.T. Browne’s standards. Finally, the policy works to ensure fair competition among resellers as well as supporting those who have invested in stocking and marketing PALMER’S® products and abide by E.T. Browne policies and programs. E.T. Browne will interpret and enforce this policy at its sole discretion.
In order to be considered an eCommerce Authorized Reseller (“Reseller”), you must meet the following requirements:
1. Sell on Approved Websites Only
a. Unless otherwise explicitly authorized in writing by E.T. Browne’s VP of Sales or its Director of eCommerce subsequent to the effective date of this policy, Resellers may only take orders via websites owned and operated by their own company. Selling on third party marketplaces (e.g., Amazon, eBay, Walmart, Target, etc.), drop-ship accounts (e.g., Buy.com, Newegg, Groupon, etc.) or social media marketplaces (e.g., Craigslist, Facebook Marketplace, TikTok Shop, etc.) is strictly prohibited.
2. Territory Sales
a. If a reseller sells products outside of their geographic territory or region, they will receive national pricing from E.T. Browne.
b. Reseller must provide an online account to its branded store for E.T. Browne upon request.
3. Maintain Accurate Brand & Product Information
a. Reseller must maintain proper use of all E.T. Browne trademarks including PALMER’S®. Reseller understands and agrees that E.T. Browne may take necessary steps, including legal means such as an injunction, to enforce proper trademark use including use of the trademark sufficient to meet E.T. Browne’s standards of high quality. If Reseller is not in compliance with this policy, E.T. Browne is entitled to take all steps necessary to maintain quality control of, or prevent likelihood of confusion of, its trademarks up to and including legal action or other means of enforcement.
b. Reseller must sell product only in original packaging.
c. Reseller may not duplicate, or develop different, UPCs to differentiate a product.
4. Sell Only to End Users
a. Only distributors purchasing products directly from E.T. Browne are authorized to resell products through ecommerce in accordance with this policy.
b. Authorized resellers may not sell PALMER’S® products to any third party for that party’s resale. E.T. Browne recognizes that sales to ecommerce resellers may inadvertently occur from time to time. Therefore, in the event you inadvertently transact with other ecommerce resellers, you must disclose the details of those transactions (e.g., when, to whom, and how much such products were sold) within thirty (30) days to E.T. Browne.
c. Sellers transacting PALMER’S® products through ecommerce that did not procure the product directly from E.T. Browne are not authorized to sell or resell PALMER’S® products online or use E.T. Browne’s trademarks, copyrights, images or product information. E.T. Browne reserves the right to take enforcement action against the reseller and supplier of the product in accordance with this policy.
5. Disclose All Reseller Names & Properties
a. Reseller must maintain accurate and up to date company information and disclose all retail locations, web properties, temporary storefronts and reseller names across all channels directly to E.T. Browne. Any Reseller transacting through ecommerce must report all websites and seller names advertising or transacting PALMER’S® products to [email protected]
6. Provide eCommerce Sell-Through Data Upon Request
a. Upon request, Reseller must provide ecommerce sell-through point of sale data by sku and web property
7. Legal Compliance
a. Resellers acknowledge that they will comply with all applicable laws, rules and regulations related to advertising, sale and marketing of PALMER’S® products, including but not limited to:
i. Reseller may not make false or misleading claims or engage in deceptive sales tactics.
ii. Reseller, if it emails customers, must comply with CAN-SPAM (and other similar laws).
iii. Reseller, if it maintains an online presence, must publish a privacy policy and comply with it.
iv. Resellers may use known and trusted checkout vendors only and ensure that credit card transactions flow through a PCI-compliant payment stack (i.e., one in which credit card numbers are not collected by the merchant).
8. Enforcement
a. Resellers that fail to comply with any term in this policy will be subject to enforcement actions at E.T. Browne’s discretion including but not limited to:
i. Loss of authorization to sell E.T. Browne product online
ii. Loss, termination or non-renewal of rebate incentives, co-ops or other marketing funds from E.T. Browne
iii. Suspension of shipments
iv. Permanent termination of resellers account with E.T. Browne
v. Legal proceedings including an injunction and damages
b. Resellers may not circumvent any term of this policy through any means. E.T. Browne will interpret any violations of this policy in its sole discretion. No failure or delay of enforcing this policy shall be deemed a waiver of right. E.T. Browne reserves the right to modify this policy at any time.
9. eCommerce Authorized Reseller Benefits
a. Resellers that abide by all facets of this policy will be deemed authorized to sell PALMER’S® products in ecommerce, provided they maintain constant adherence to the policy. Authorized Resellers understand they do not have any proprietary rights to PALMER’S® trademarks or other intellectual property but are authorized to use E.T. Browne’s trademarks, copyrights, images and product information for the sole purpose of reselling PALMER’S® products.