Carbs Fuel, LLC (“Carbs Fuel”) is building its reputation in the sports nutrition industry as a new brand. Carbs Fuel knows that its dealers, distributors and retailers (collectively referred to as “Resellers”) directly contribute to the success and growth of the company, because Resellers invest significant resources to deliver a superior customer experience. Carbs Fuel intends to protect the value of its brand and, by extension, its Resellers by managing the online presence of its products and by discouraging any harmful price-based advertising.

The policies regarding online selling and advertised price in the US market are detailed here for review by the Carbs Fuel Reseller. These policies constitute an addendum to the Carbs Fuel Terms of Service and are subject to change by Carbs Fuel.

Note that these policies apply to all current and future Carbs Fuel products. Any exceptions to these policies must be agreed upon in writing by Carbs Fuel. Official written notification is defined as mail or email sent to the contact on file with Carbs Fuel.

Policy Enforcement

Below are the standard procedures for Resellers violating either the online selling or advertised price policies:

First violation: Official written notification. Corrective action must be taken by the Reseller within 24 hours to avoid the account being placed on hold.

Second violation or unaddressed first violation: Official written notification and account placed on hold for seven business days. While on hold, the Reseller may not place orders.

Third violation: Official written notification and account placed on hold for 30 business days. While on hold, the Reseller may not place orders.

Fourth violation: Official written notification and account placed on hold for 90 business days and re-evaluation of customer status.

Online Selling Policy

The Carbs Fuel Online Selling Policy ensures the integrity of the Carbs Fuel brand and the consumer online shopping experience. Resellers may sell Carbs Fuel products online only after receiving written approval. Requests to sell online are submitted by the Carbs Fuel sales representative on behalf of the reseller. Requests will consider the status of the reseller (sales volume, payment history, etc.) and their ecommerce capabilities (existing site quality, experienced staff, etc.), as well as strategic fit for Carbs Fuel.

Approval to sell online applies to reseller web sites only and does not apply to marketplaces such as Amazon.

Resellers are prohibited from selling on any marketplace (Amazon, Walmart.com, eBay, etc.) without written permission from Carbs Fuel.

• If approved, the online reseller must adhere to the following guidelines:
  Resellers may not act as a wholesaler and sell Carbs Fuel products to other Resellers.
• Resellers must designate an ecommerce contact who is responsible for the daily operation of the site, for purposes of communication with the Carbs Fuel digital team.
• Online Resellers will fulfill orders entirely from their stock.

Carbs Fuel is the sole owner of all Carbs Fuel trademarks, logos, images, marketing materials, slogans / taglines, website, and brands. Any online Reseller is expected to maintain current Carbs Fuel brand-related content, including logos and product photos. An online Reseller must make updates to such materials as requested by Carbs Fuel within 30 days of notification. 

Carbs Fuel reserves the right to enforce appropriate use and enforce changes in content deemed detrimental to the brand such as misrepresentations, inaccuracies, or poor display of the brand.

Resellers are not allowed to register any Carbs Fuel domains. A Carbs Fuel internet domain is defined as any domain which includes the text "Carbsfuel.”

All provisions of the advertised price policy apply to online sales.

Advertised Price Policy

The Advertised Price Policy is intended to encourage consumers to purchase Carbs Fuel products from Resellers based on loyalty, quality, and customer service. Resellers are not permitted to advertise Carbs Fuel products for anything above or below the MSRP. The MSRP for the Carbs Fuel Energy Gel is $2.00 per gel and $36 per box of 18 gels.

The advertised price is the price at which a Reseller may advertise a Carbs Fuel product. The policy applies to all advertisements of Carbs Fuel products regardless of media. This includes, but is not limited to, Internet and other digital media, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, television, radio, and public signage. The policy does not apply to any physical in- store advertising that is not distributed to the customer.

The advertised price for all Carbs Fuel products will be unilaterally established by Carbs Fuel and periodically communicated to its Resellers. Pricing may be adjusted by Carbs Fuel at any time at its sole discretion. The Reseller will comply with pricing updates within two business days of receiving pricing information from Carbs Fuel.

A Reseller is permitted to conduct Carbs Fuel promotions and rebates as specified by Carbs Fuel. Carbs Fuel may offer Resellers an opportunity to advertise Carbs Fuel products at a maximum discount below the advertised price during a specific markdown period, such as a holiday sale period or any other approved sale by Carbs Fuel. Promotional pricing is limited to the reseller’s physical store or dedicated online site and may not be implemented on Amazon or any other online marketplace.

This policy does not apply to the reseller's discretionary discounting to their individual consumers. Carbs Fuel Resellers remain free to discount these products to any price they choose.

Carbs Fuel’s Policy Administrator is solely responsible for determining whether a violation of the policy has occurred, as well as determining the appropriate actions. No Reseller shall have the right to enforce this policy.

Carbs Fuel monitors the advertised prices of Resellers, either directly or via the use of third-party agencies or tools. Resellers are expected to provide reasonable cooperation in any Carbs Fuel investigations regarding possible policy violations. Hindering, obstructing, or delaying a Carbs Fuel investigation is a violation of this policy.

Agreement

By ordering products from Carbs Fuel, Resellers agree to the Carbs Fuel Online Selling and Advertised Price Policies established by Carbs Fuel, as modified by Carbs Fuel from time to time.