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TermsThis Wholesale Agreement is active between Amalina Gourmet and the Distributer/Retailer written above in this sign-up form as long as Amalina Gourmet and the Distributer/Retailer are in business together. 1.Confidentiality. Wholesale discounts of Amalina Gourmet’s Products are confidential, and for the use of the Distributor only. Publishing or revealing the Wholesale Price of Amalina Gourmet’s Products or the terms of this Agreement outside of the business of Distributor is strictly forbidden without prior written consent from Amalina Gourmet. 2.Taxes. Distributor agrees and acknowledges that Amalina Gourmet is not responsible for the collection and/or payment of any taxes owed by Distributor in regard to the sale of the Product. Distributor will provide Amalina Gourmet with a copy of Distributor’s resale tax certificate within three business days upon request by Amalina Gourmet. 3.No Exclusivity. Distributor agrees and acknowledges that Distributor is not an exclusive distributor of the Products and that other individuals and/or entities may sell the Products, including Amalina Gourmet. 4.Marketing Materials. Should Distributor wish to use any marketing materials other than marketing materials provided by Amalina Gourmet, Distributor must first get written approval to use such materials. Amalina Gourmet shall provide marketing material at Amalina Gourmet’s sole discretion. 5.Payment. Amalina Gourmet requires payment in full within 15 days (Net 15) of delivery of a Product Order by an accepted credit card (Credit Card Fees will be applied), electronic fund transfer, check, or PayPal. Amalina Gourmet reserves the right to require specific payment method from Distributor at any time. Failure to remit payment may result in a Amalina Gourmet refusing to provide any additional Products until payment in full is received in addition to requiring payment in advance prior to delivery for all future Product orders. 6.Interest. If Distributor fails to make any payment pursuant to this Agreement, Distributor shall pay Amalina Gourmet interest at 24% per annum compounded monthly, until the outstanding balance is paid. Any payments will first be applied to any outstanding interest and then, if any amounts are left over, to the principle due. This clause shall survive termination of this Agreement. 7.Collections. If any payment obligation under this Agreement/invoice is in default, Distributor agrees to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process. Amalina Gourmet may exercise the option to send Distributor’s account to a third-party collection agency if principal balance remains unpaid for more than 30 days. 8.Damaged Items. Distributor must notify Amalina Gourmet of any damaged items within 3 (three) days of receipt of shipment or the shipment will be assumed by both Parties to be undamaged. 9.Shipping. Amalina Gourmet will ship all Products to the address designated by Distributor as long as that shipping address can accept packages. Amalina Gourmet may require verification of information prior to the acceptance and/or shipment of any order. Amalina Gourmet reserves the right, without prior notice, to limit the order quantity on any Products to Distributor. Distributor agrees and acknowledges that Distributor is responsible for all shipping costs. In its sole discretion, Amalina Gourmet may provide the Products directly to Distributor. Unless otherwise agreed to in writing, Distributor will be responsible for all costs to ship the Products or to reasonable delivery costs if delivered directly from Amalina Gourmet. 10.Returns. All purchases made by Distributor are final unless otherwise stated. 11.Risk of Loss. Distributor agrees and acknowledges that all Products purchased are shipped pursuant to a shipping contract which means that the risk of loss for all Products purchased passes to Distributor upon delivery of the items to the carrier. Distributor is responsible for filing any claims with carriers for damaged and/or lost shipments. 12.Warranties and Disclaimer. The Products are provided “As Is” with no warranty of any kind. To the maximum extent permitted by law, Amalina Gourmet disclaims all representations, warranties, and conditions, express or implied, with respect to the Products, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, freedom from omissions, and/or implied warranties or conditions arising from the course of dealings. 13.Limitation of Liability. Amalina Gourmet and its parents, affiliates, subsidiaries, officers, directors, employees, members, agents, suppliers, licensors, and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied and/or consequential damages, lost profits, and/or revenues or failure to realize expected profits, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory. 14.Trademark/Copyrights. All trademarks, service marks, trade names, copyrights, logos, and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Amalina Gourmet website or Products are proprietary to Amalina Gourmet. No rights in these Marks other than those specifically listed in this Agreement are granted to Distributor. 15.Products Descriptions. In describing and portraying Amalina Gourmet’s Products, Amalina Gourmet attempts to be as accurate as possible. Distributor agrees and acknowledges that Amalina Gourmet does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. Amalina Gourmet reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. 16.Marketing by Distributor. Amalina Gourmet agrees and acknowledges that Amalina Gourmet is granting Distributor the rights to use Amalina Gourmet’s name, likeness, trademarks, and service marks for marketing purposes, including, but not limited to, on Distributor’s website, Facebook page, and in print materials provided that Distributor must provide all marketing to Amalina Gourmet prior to publication for Amalina Gourmet’s written approval which may be withheld in Amalina Gourmet’s sole discretion. 17.Display Stand Case. Distributor agrees and acknowledges that if Amalina Gourmet is providing Distributor a display stand for Amalina Gourmet’s Products while this Agreement is in effect. Distributor is required to only use the display stand for Amalina Gourmet’s Products and will return the display stand at the end of this Agreement. If there is any damage to the display stand or if the display stand must be replaced, Distributor agrees and acknowledges that it will pay Amalina Gourmet $300.00 to repair/replace the display stand. 18.Termination by Amalina Gourmet. Amalina Gourmet may terminate this Agreement at any time if Distributor breaches this Agreement. 19.Termination by Distributor. Distributor may terminate this Agreement at any time upon full payment for all orders placed if Amalina Gourmet breaches this Agreement. 20.Insurance. Distributor shall have product liability insurance for all Products in an amount as regularly required for products of a similar nature. 21.Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 22.Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. 23.Notice. All notices, requests, demands, and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered or mailed, first class certified mail, postage prepaid to the addresses listed at the beginning of this Agreement or to such other address as such party shall have specified by notice in writing to the other party unless otherwise specified in this Agreement. 24.Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The parties herein agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Denver County, State of Colorado. 25.No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. 26.Attorney Fees. If any party shall commence any action or proceeding against another party in order to enforce the provisions hereof, or to recover damages as the result of the alleged breach of any of the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred connection therewith, including, but not limited to, reasonable attorney fees. IN WITNESS WHEREOF, By clicking on "Agree" below, the undersigned acknowledges reading, understanding, and accepting the Amalina Gourmet Wholesale Product Agreement and Terms & Conditions.
By clicking "Submit", I read, understand and accept the Terms & Conditions and Amalina Gourmet's Wholesale Agreement.

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