Wholesale Terms
This Agreement is between the Wholesale Customer ("CUSTOMER") and HAUS OF CHARLESTON.
In consideration of the mutual promises and covenants herein, HAUS OF CHARLESTON and CUSTOMER ("Parties") do hereby agree as follows:
- HAUS OF CHARLESTON is a producer and retailer of mahjong tile sets and accessories, which are marketed under the HAUS OF CHARLESTON product line and brand name ("Products"), and the Products are exclusively distributed through HAUS OF CHARLESTON managed channels.
- CUSTOMER shall not disclose to any other party or entity HAUS OF CHARLESTON pricing or supply HAUS OF CHARLESTON products to any re-sellers or retailers.
- CUSTOMER wishes to purchase from HAUS OF CHARLESTON and HAUS OF CHARLESTON wishes to supply to CUSTOMER, the Products for the benefit of CUSTOMER's business.
- It is required that HAUS OF CHARLESTON prohibit CUSTOMER from any and all Internet sales of HAUS OF CHARLESTON Products, and CUSTOMER acknowledges, understands, and agrees to HAUS OF CHARLESTON's 'No Internet Sales Policy', and has also informed all co-owners and staff members of this policy. Failure to follow this policy will result in immediate termination of all sales to CUSTOMER.
HAUS OF CHARLESTON and CUSTOMER ("Parties") agree as follows:
1. PURCHASE AND SUPPLY HAUS OF CHARLESTON will sell to CUSTOMER, and CUSTOMER shall, from time to time, purchase the Products from HAUS OF CHARLESTON. CUSTOMER will only sell or provide HAUS OF CHARLESTON products to end users, and CUSTOMER will not supply HAUS OF CHARLESTON products to any re-sellers or retailers, including, but not limited to, any website including instagram.com, etsy.com, amazon.com, and ebay.com.
2. CUSTOMER'S QUALIFICATIONS At the time of any wholesale purchase, CUSTOMER shall be either hosting in-person Mahjong events and/or trainings, or operating a physical retail storefront.
3. NO INTERNET SALES POLICY As a material condition to this Agreement, CUSTOMER must agree to HAUS OF CHARLESTON's 'No Internet Sales Policy.' CUSTOMER agrees that it will not resell, sell, make any reference to prices/pricing, display HAUS OF CHARLESTON images, trademarks, coupon codes or distribute any of the products using the internet, any internet device or other electronic medium or device.
CUSTOMER may, however, refer to HAUS OF CHARLESTON and the Products on its website and may include a link to HAUS OF CHARLESTON's website in the form of a standard web link (i.e. hausofcharleston.com). CUSTOMER shall abide by this Policy and any modifications that may, from time to time, be implemented by HAUS OF CHARLESTON.
4. TERMINATION AND LIQUIDATED DAMAGES This Agreement may be terminated by either party at any time, with or without cause. CUSTOMER's failure to comply with the terms of this Agreement and/or HAUS OF CHARLESTON's No Internet Sales Policy is a breach of contract, resulting in immediate termination of CUSTOMER's right to purchase any Products. HAUS OF CHARLESTON reserves the right to enforce its statutory rights to recover damages against CUSTOMER for trademark infringement and the like.
5. ENFORCEABILITY, CHOICE OF LAW, VENUE, AND JURISDICTION Failure to enforce any of the terms and conditions of this Agreement shall not be deemed a waiver of such terms or conditions, or of future rights to enforce all terms and conditions. Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of Maryland. Jurisdiction and venue shall rest exclusively in Baltimore City, Maryland. Each party waives any and all rights to object to jurisdiction and venue in Baltimore City, Maryland. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other legal or equitable relief to which such party may be entitled.
