Additional Reseller Terms and Map Policy

Additional Reseller Terms and MAP Policy

These Additional Reseller Terms and MAP Policy (“Reseller Terms and MAP Policy”) are in addition to Terms of Use and incorporated therein.  If you are a Reseller of Grande Cosmetics products, by accessing this Site, you are agreeing to the Terms and these Reseller Terms and Map Policy.  The following terms apply to wholesalers, distributors or resellers of Grande Cosmetics products (collectively, “Resellers”).  If these Reseller Terms and MAP Policy or any portion thereof conflicts with the Terms these Reseller Terms and MAP Policy shall control with respect to Resellers.

A. Distribution Channels Policy.

All Reseller sales and pricing must be consistent with our Minimum Advertised Price Policy (“MAP Policy”). All sales on eBay, Amazon, any of their affiliates’ websites or any other auction website or online marketplace ARE STRICTLY PROHIBITED by Resellers unless there is written approval from Grande Cosmetics. ANY RESELLER FOUND TO BE IN VIOLATION OF THIS RULE AGREES TO PAY AN AMOUNT OF $5000.00 (USD) FOR EACH LISTING ON ANY AND ALL WEBSITES AS LIQUIDATED DAMAGES (AND NOT A PENALTY).

B. MAP Policy.

Grande Cosmetics has determined that its interests are best served through the adoption of this MAP Policy. This MAP Policy is designed to (1) protect Reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners (2) support the Grande Cosmetics brand as a premium offering; and (3) avoid destructive intra-brand channel conflict. This MAP Policy has been unilaterally adopted by Grande Cosmetics and will be uniformly enforced. In the event a Reseller chooses not to follow the Grande Cosmetics MAP Policy, sanctions may be unilaterally imposed by Grande Cosmetics. Violations of the MAP Policy shall be determined by Grande Cosmetics in its sole discretion. Grande Cosmetics will not accept any communication from a Reseller who has violated this MAP Policy. In addition to the above, failure to adhere to the MAP Policy will be a factor taken into consideration in the determination of the acceptance or continuation of Reseller's participation in the Grande Cosmetics Reseller program. Grande Cosmetics products not specifically identified in this MAP Policy are still subject to it. Each advertisement below the minimum advertised price will be a violation of the MAP policy. The MAP Policy applies to all advertisements of specific Grande Cosmetics products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.

MAP Policy Coverage

This MAP Policy covers all Grande Cosmetics Resellers wherever located. Although Resellers remain free to establish their own resale prices, Grande Cosmetics will, without assuming any liability, unilaterally impose sanctions as described in this MAP Policy against Resellers who advertise applicable Grande Cosmetics products at prices below those specified herein. Grande Cosmetics will not discuss any conditions of acceptance related to this MAP Policy, as it is nonnegotiable, and will not be altered for any Reseller. Grande Cosmetics neither solicits, nor will it accept, any assurance of compliance with this MAP Policy. Nothing in this MAP policy or in any other contract or agreement with Grande Cosmetics shall constitute an agreement between Grande Cosmetics and reseller that the reseller will comply with this MAP Policy. This MAP Policy applies only to minimum advertised prices and does not apply to the final sale price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Grande Cosmetics from time to time.

Minimum Advertised Price

The current listing of products and each applicable minimum advertised price is published on the Site.  To see the minimum advertised price, review each product’s respective page. The products and minimum advertised price may be changed from time to time at Grande Cosmetics' sole discretion. Resellers are responsible for remaining current and conforming with the MAP Policy, products and pricing.

MAP Policy Modifications

Grande Cosmetics reserves the right at any time to modify, suspend, or discontinue the MAP Policy in whole or in part or designate promotional periods during which the terms of the MAP Policy change or designate periods of time during which the MAP Policy is not applicable. MAP Policy modifications shall be made available on this Site.

Unilateral Action

Grande Cosmetics is not seeking agreement from any Reseller to adhere to this MAP Policy. It is entirely within the discretion of the Reseller whether to comply or not comply, but Grande Cosmetics may elect to not permit a Reseller to purchase products in its sole discretion.

Modifications

GRANDE COSMETICS' SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS MAP POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.

Contact Information

All questions or comments regarding this MAP Policy are to be directed to the policy administrator at policy@grandecosmetics.com.  The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy and receiving any communication regarding sanctions imposed under this policy.

C. Arbitration Agreement.

By using this Site, you agree that Grande Cosmetics, at its sole discretion, may require that:

(a) any and all disputes and causes of action related to or connected with these Terms of Use, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the Commercial Rules of the American Arbitration Association (“AAA”) and held at the AAA regional office nearest the Company.

(b) Judgment upon such arbitration award may be entered in any court having jurisdiction.

(c) Under no circumstances will a claimant be permitted to obtain awards for punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with purchasing a product). You hereby waive your right to same, and also waive the right to have damages multiplied or increased.

(d) Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

D. Money-Back Guarantee

Grande Cosmetics offers a 90-day money-back guarantee on all products sold on this Site. For products sold by Amazon third-party sellers or on eBay, Groupon, or from Non-Authorized Retailers, Grande Cosmetics will not honor our money-back guarantee.  Our money-back guarantee does not apply to international sales.  Our money back-guarantee only applies to sales for personal use. It does not include shipping or handling costs, taxes, discounts, special offers or promotional items.