RAIN Bottling Company Reseller Policy

Authorized Resale and Quality Policy

RAIN Bottling Company (RAIN) hereby adopts this Resale & Quality Policy (this “Policy”) and requires that each person, firm or entity (as applicable, a “Reseller”) that purchases RAIN’s products (the “Products”) for resale or other distribution agree to comply with this Policy. Accordingly, the terms of this Policy are incorporated into and are in addition to any contract entered into between RAIN and Reseller with respect to Reseller’s purchase or sale of the Products. For the matter of disputes, this Policy supersedes any other agreement, issued in written form, verbal discussions, or any other means of delivery.

If any Reseller is found to be in violation of the Resellers Policy, RAIN will at its discretion, stop selling products to the reseller, take any legal action as necessary to protect its Brand and Brand Equity, and report the Reseller to any appropriate third-party for which the Reseller is in violation of. Upon notification of a violation, the Reseller agrees to comply with the action requested by RAIN promptly and entirely.

  1. Sales to End Users Only.
    Unless otherwise agreed with RAIN in writing and duly executed, Reseller may only purchase Products for resale to consumers and end user customers and Reseller may not resell Products to distributors or for further distribution in any manner.
  2. Sales Restricted to Territory.
    If Reseller purchases Products pursuant to a contract that obligates Reseller to resell the Products in a geographic territory, and/or a sales channel territory, Reseller must comply with that obligation. If the Reseller is found to be invading a territory for which they are not authorized to sell, the Reseller is responsible for compensating any other Reseller for the sales in the territory for which they were not permitted.
  3. No Sales to Online Marketplace.
    In addition to any geographic or other restrictions on Reseller’s ability to resell the Products, Reseller may not advertise or sell the Products on the Amazon marketplace, Walmart Marketplace, or any other online marketplace.
  4. Compliance with MAP
    If RAIN maintains a “minimum advertised price” or “MAP” or other policy that restricts the minimum price at which the Products may be advertised, Reseller may not advertise the Products at a price less than such minimum advertised price in any channel of trade.
  5. Handling and Storage.
    Reseller agrees to handle and store the Products in a safe manner and in compliance with RAIN’s storage and handling guidelines. Reseller will ensure that any Products it purchased are stored in secure, food-grade, climate-controlled warehouses. Reseller authorizes RAIN, at its discretion audit the Reseller’s facilities to ensure that its facilities are compliant with RAIN’s handling and storage requirements.
  6. Labeling.
    Reseller agrees to preserve any labels, tags, serial numbers, lot numbers or other labels affixed by RAIN to the Product (or within Product packaging) in the form affixed by RAIN and to ensure that the same are not removed, modified, altered or obscured in any way.
  7. No Package Breaking.
    Reseller agrees that it will not break any case quantity packaging to  sell the products in any quantity other than the case quantities that the products were purchased by the Reseller. With the exception that the Reseller is in the consumer retail business, wherein the Reseller is permitted only in writing to break case quantities to sell the products by individual units. This exception precludes the Reseller from breaking retail intended multi-pack units, which may never be broken to sold in a lesser quantity.
  8. No Bundling.
    Reseller may not package or bundle any Product with any other products or materials to create a package or bundle with a UPC code different from the original Product.
  9. Locations / Reporting.
    Reseller agrees to track the Products it purchases and to store all such Products at locations in compliance with this Policy. At RAIN’s request, Reseller will provide RAIN with (a) a list of all storage locations utilized by Reseller, (b) an inventory of Products maintained at each such storage location, and (c) physical access for RAIN to perform an inventory to confirm the amounts and locations of Products at Reseller’s stated locations.
  10. Consumer Safety and Recall.
    Reseller will cooperate with RAIN in connection with any investigation of consumer safety claims or any evaluation of a product recall.
  11. Customer Service.
    Reseller will maintain customer service phone and email response functions as required by the Original Agreement to handle customer complaints, returns and other customer service functions. At RAIN’s request, Reseller will provide any reports or other information requested by RAIN, with respect to a particular Product (whether by lot number or other identifying data) to determine the date or Reseller’s purchase of the Product, the location where the Product was stored, and the dates on which the Product was sold or shipped by Reseller to a purchaser.
  12. Inventory Tracking and Integration.
    If RAIN implements an inventory tracking software system, Reseller agrees to integrate its inventory tracking system with the System so that Reseller’s inventory system can communicate data without human intervention with the System. Reseller will maintain accurate and appropriate accounting records with respect to the Products.
  13. Product Damage or Theft.
    If any quantity of Products purchased by Reseller are lost, stolen or damaged, Reseller will promptly report such event to RAIN. The Reseller will cooperate with RAIN and The Authorities to recover lost or stolen products. The cost of investigation and recovery is the burden of the Reseller.
  14. Report Unauthorized Resellers.
    If Reseller has information, or reasonably suspects, that any person is purchasing and reselling or distributing Products in a manner not authorized by RAIN, Reseller must promptly notify RAIN. If the Reseller has information, or reasonably suspects that the Reseller’s customer is selling the products to another reseller, they will cease sale of the Products to that Customer immediately and immediately notify RAIN.
  15. Support of Manufacturer’s Warranty.
    Reseller may extend to any proper purchaser of the Products RAIN’s warranty in accordance with its terms. Reseller may not modify or alter RAIN’s warranty, represent or characterize RAIN’s warranty in any misleading manner, or extend its own warranty with respect to the Products.
  16. Other Information, Documents and Reports.
    Reseller must provide RAIN with any supplemental information, documents and reports that RAIN may request in order to validate Reseller’s compliance with this Policy and to support RAIN’s warranty support and customer support obligations and initiatives.
  17. Updates to The Resellers Policy.
    RAIN may at any time update this policy without notification to any of its existing Resellers. The Reseller agrees to comply with the most recent version of The Policy. The latest version of the policy will be posted on RAIN’s website (www.responsiblyrain.com/resellerpolicy).