Online Seller Policy
BACHAN’S SPECIALTY FOODS, LLC
AUTHORIZED ONLINE SELLER POLICY
EFFECTIVE MARCH 29, 2021
Bachan’s is committed to working with customers to facilitate the sale of Bachan’s products through ecommerce channels. Bachan’s maintains an eCommerce Authorized Reseller Policy to protect Bachan’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 customer service that meets Bachan’s standards. Finally, the policy works to ensure fair competition among resellers as well as supporting those who have invested in stocking and marketing Bachan’s products and abide by Bachan’s policies and programs. Bachan’s 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:
Sell on Approved Websites Only
Unless otherwise explicitly authorized in writing by the Director of Sales, Director of DTC, or the Director of Wholesale 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, etc.), drop- ship accounts (e.g., Buy.com, Jet.com, Newegg, etc.) or classified sites (e.g., Craigslist, Facebook Marketplace, etc.) is strictly prohibited.
Maintain Accurate Brand & Product Information
- Maintain proper use of all Bachan’s trademarks.
- Sell product only in original packaging.
- Do not duplicate, or develop different, UPCs to differentiate a product.
- If a Reseller wishes to participate in the marketing of Bachan’s brand and product through a Google Adwords Account, the reseller must submit a request to Bachan’s for a list of approved ad keywords to use as to not to compete directly with Bachan’s primary marketing efforts.
Sell Only to End Users
- Only distributors purchasing products directly from Bachan’s are authorized to resell products to Resellers in accordance with this policy.
- Resellers should not sell Bachan’s products to other eCommerce resellers. Bachan’s 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 and to whom such products were sold) so that Bachan’s may enforce this policy.
- Sellers transacting Bachan’s products through eCommerce that did not procure product from Bachan’s, or an authorized distributor of Bachan’s, directly, are not authorized to sell Bachan’s products online or use Bachan’s trademarks, copyrights, images or product information. Bachan’s reserves the right to take enforcement action against the seller and supplier of the product in accordance with this policy.
Unauthorized Exports or Marketing in Other Countries
- You shall cooperate with Bachan's in preventing unauthorized exportation of the Products. You shall not advertise for sale or ship Products outside of the U.S. or sell Products to any third party that advertises for sale or ships the Products outside of the U.S., in each case without the prior written consent of Bachan's.
Bulk Sales by Resellers
- The Products may not be sold in bulk by Resellers. “Bulk” is defined as more than (3) cases in a single transaction. Resellers shall use reasonable efforts to identify suspicious purchase patterns (e.g., frequent purchases by an individual) and promptly report the same to Bachan's.
- You may not advertise, market, promote, display, demonstrate, bundle or sell non-Bachan’s products in a manner that would create the impression that the non-Bachan’s are made by, endorsed by, work with or are associated with Bachan’s Specialty Foods, LLC or the Products. You must ensure that the Products never are misbranded or represented as another brand.
Disclose All Seller Names & Properties
- Maintain accurate and up-to-date company information and disclose all retail locations, web properties, temporary storefronts and seller names across all channels directly to Bachan’s. Any seller transacting through eCommerce must report all websites and seller names advertising or transacting Bachan’s products to email@example.com.
Bachan’s Minimum Advertised Price Policy
- All Resellers acknowledge they’ve received Bachan’s MAP policy from an authorized Bachan’s distributor or Bachan’s company. If MAP policy is violated, Reseller status will be revoked immediately.
- Resellers acknowledge that they will comply with all applicable laws, rules and regulations related to advertising, sale and marketing of Bachan’s products, including but not limited to:
- Don't make false or misleading claims or engage in deceptive sales tactics.
- If you email customers, comply with CAN-SPAM (and other similar laws).
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).
- Resellers that fail to comply with any term in this policy will be subject to enforcement actions at Bachan’s discretion including but not limited to:
- Loss of authorization to sell Bachan’s products online
- Reseller will be given a reasonable amount of time to sell through inventory on hand if loss of authorization occurs
- Suspension of shipments
- Permanent termination of Resellers account with Bachan’s
- Resellers may not circumvent any term of this policy through any means. Bachan’s 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. Bachan’s reserves the right to modify this policy at any time.
eCommerce Authorized Reseller Benefits
- Resellers that abide by all facets of this policy will be deemed authorized to sell Bachan’s products in ecommerce, provided they maintain constant adherence to the policy. Resellers understand they do not have any proprietary rights to Bachan’s trademarks or other intellectual property but are authorized to use Bachan’s trademarks, copyrights, images and product information for the sole purpose of reselling Bachan’s products.