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Terms & Conditions

BoulderBio Distributor Policy

This BoulderBio Distributor Policy (the “Policy”) applies to all distributors of BoulderBio products (the “Products”) in the United States. The Policy is effective immediately. By purchasing Products from BoulderBio (“BoulderBio,” “we,” or “us”) for distribution to Authorized Reseller customers, you (“Distributor”) agree to adhere to the following terms and conditions.

1. Sales to Authorized Resellers

Distributor shall sell Products only to BoulderBio Authorized Resellers (“Authorized Resellers”). An Authorized Reseller:

  • Is an individual or business entity that purchases and resells the Products as part of a commercial enterprise.
  • Has received and adheres to the BoulderBio Authorized Reseller Policy.
  • Has not had its Authorized Reseller status revoked by BoulderBio.

Authorized Resellers are determined solely by BoulderBio. If a customer or prospective customer is not an Authorized Reseller, Distributor must:

  • Provide them with the BoulderBio Authorized Reseller Policy.
  • Obtain their agreement to adhere to the BoulderBio Authorized Reseller Policy before selling Products.

Products sold to unauthorized persons or through unauthorized channels, including unauthorized internet sites, will not be eligible for BoulderBio promotions, services, or benefits, including, where permitted by law, coverage under BoulderBio Product guarantees.

2. Distributor’s Obligations

Distributor agrees to:

2.1 Support BoulderBio Sales Programs: Use best efforts to further the sale of Products to Authorized Reseller customers within the United States.

2.2 Restrict Sales Outside the U.S.: Not sell, ship, invoice, or promote Products outside the United States without BoulderBio’s prior written consent.

2.3 Website Sales: Distributor is authorized to sell Products on websites owned or operated by Distributor, provided these websites:

  • Disclose Distributor’s full legal name, mailing address, email address, and telephone contact.
  • Do not give the appearance of being operated by BoulderBio.

Distributor shall not:

  • Use any domain name containing BoulderBio trademarks or misspellings thereof.
  • Sell Products on any online marketplace (e.g., Amazon, eBay) without prior written consent from BoulderBio.

2.4 Inspect Products: Inspect Products upon receipt and during storage for damage, defects, tampering, or other non-conformance. Defective Products must not be offered for sale and must be reported to BoulderBio immediately.

2.5 Store Products Appropriately: Store Products in a cool, dry place away from direct sunlight, extreme heat, and dampness, and follow any additional storage guidelines specified by BoulderBio.

2.6 Monitor Inventory: Regularly inspect inventory for expired or soon-to-be expired Products and remove such Products from inventory. Expired Products must not be sold.

2.7 Maintain Product Integrity: Sell Products in their original packaging with all seals intact. Relabeling, repackaging, tampering, or altering of Products or packaging is prohibited. Distributor may not modify labels, serial numbers, batch codes, or UPC codes.

2.8 Cooperate with Recalls: Fully cooperate with BoulderBio in any recall or consumer safety information dissemination effort.

2.9 Communicate Policy Updates: Convey policy updates and other information from BoulderBio to Authorized Reseller customers as requested.

3. Minimum Advertised Price (MAP) Policy

BoulderBio has established a Minimum Advertised Price (MAP) Policy to protect the integrity of our brand and ensure fair competition. The MAP Policy applies to all Products and prohibits distributors and resellers from advertising the Products at a price lower than the current MAP established by BoulderBio.

Key points of the MAP Policy include:

3.1 Scope: The MAP Policy applies to advertised prices, not the actual sales price. Distributors may sell Products at any price but may not advertise a price below the MAP.

3.2 Enforcement: Violations of the MAP Policy may result in the suspension or termination of Distributor’s ability to sell BoulderBio Products.

3.3 Changes to MAP: BoulderBio reserves the right to modify the MAP at any time. Distributors will be notified of changes in writing.

4. Warranty Disclaimer

BOULDERBIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOULDERBIO SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS.

5. Customer Service

Distributor’s sales personnel must be trained to accurately describe, demonstrate, and sell Products. Distributor must represent BoulderBio Products professionally and refrain from conduct that could harm BoulderBio’s reputation.

6. Compliance with Applicable Laws

Distributor shall comply with all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of BoulderBio Products.

7. Intellectual Property

BoulderBio owns all proprietary rights to its brand, name, logo, trademarks, service marks, trade dress, patents, copyrights, and other intellectual property (“BoulderBio Trademarks”). Distributor is granted a limited, non-exclusive, non-transferable, revocable license to use BoulderBio Trademarks solely for marketing and selling the Products. This license will cease immediately upon termination of Distributor’s authorization.

8. Termination

If Distributor violates this Policy, BoulderBio may terminate Distributor’s authorization immediately. Upon termination, Distributor must cease representing itself as an authorized distributor and stop all use of BoulderBio Trademarks.

9. Modifications

BoulderBio reserves the right to update, amend, or modify this Policy at any time. Changes will take effect immediately, and continued advertising, offering for sale, or sale of Products will constitute Distributor’s acceptance of the changes.