This agreement is mutually agreed by Rocky Mountain High Brands, Inc. (hereafter referred to as “Company”) and any Retailer or Dealer (hereafter referred to as “Dealer”). By signing below, in consideration of the value of the terms and conditions made herein, the Dealer agrees as follows:
This Agreement is non – assignable and non-transferable. The terms and conditions contained herein are subject to change when Company deems as necessary. Company shall have the right at any time to introduce new products, discontinue the manufacture or sales of any existing product(s) without incurring any obligation or liability whatsoever.
Any Dealer is strictly prohibited from selling any products purchased under this agreement to any individual, group, entity, organization, or business of any kind, that will sell any products subject to this agreement in any manner that results in the products being displayed, advertised, marketed, and otherwise available for sale online. This restriction includes sales to any individual, group, entity, organization, or business, that sells the products through a third party online. If the Dealer intends to sell the products purchased pursuant to the terms herein, the sale must be to an end user; or otherwise not be for sale online.
Company grants to Dealer favorable purchasing prices. Prices are subject to change at Company’s sole discretion. Dealer understands that price changes are normal due to lots of factors; including but not limited to inflation, exchange rate fluctuation, raw material market status, etc.
For all payment rendered via credit card or debit card, payment must be approved by card issuing bank prior to shipment. For all payment made by personal check or company check, payment must be cleared by the transaction banks prior to shipment.
ORDER PLACEMENT AND DELIVERY
Dealer can place their order for products and receive the favorable pricing online at www.HEMPd.com through using their assigned access code.
Provision of the access code will occur upon Dealer signing this Agreement and returning it to the Company.
The Company is not obligated to accept any returns. Company is not obligated for return freight expenses.
Dealer may use product images for normal marketing use, provided that Dealer acknowledges the copyright of Company and uses the literatures and images with no modifications, retouches or alterations of any kind.
The Company or the Dealer may terminate this Agreement at any time without cause, for any reason, upon a written notice delivered via regular or electronic mail. Dealer shall immediately cease to use all Company’s names and trademarks and shall no longer proclaim itself as a distributor or a dealer of Company.
Company has the rights to modify and to interpret this agreement. Company has the rights to re-evaluate the performance and validity of Dealer’s dealership annually, semi- annually or at any given time, and change the status of the Dealer accordingly.
Company has the rights to change the design of any products or part thereof at any time without notice to Dealer.
Company has the rights to change the price of any of its products. In the event of price change, Company shall, although not obligated to, inform Dealers of such changes as much in advance as is reasonably possible.
If during the term of the Agreement, Dealer shall have reason to believe it has any claim against Company in any respect of any transaction growing out of this Agreement, Dealer shall notify Company in writing within 15 days after Dealer knows, or has reason to know, the basis of any such claim. Failure to give the claim notice shall constitute a waiver of such claim and shall relieve Company from all liability on any claim in respect to any transaction growing out of this Agreement.
This Agreement does not constitute, render, or otherwise result in the Dealer becoming the agent or legal representative of Company for any purpose whatsoever. Dealer is not granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of Company; or to bind Company in any manner.
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Texas, Unites States of America.
Jurisdiction and venue: By signing this Agreement, Dealer submits to the sole and exclusive personal jurisdiction and venue with respect to any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement before the courts of State of Texas, Dallas County.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret to provision of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.