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Dealer Terms and Conditions

EFFECTIVE 07/15/19

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

1. General Policy Statement

  1. N-Gage Brand, LLC designs and manufactures high quality toys for dogs and their families who love the outdoors. Our products strengthen the heartfelt bond between dogs and people through active, healthy, shared exploration. We also provide the highest level customer service, and deliver this service while adhering to the highest level standard of ethics. We expect our Dealers to also commit to providing top level customer service in an ethical fashion. In keeping with this philosophy, N-Gage has established the following Dealer Terms and Conditions (aka “Policy”).

  2. By using a Dealer Account, downloading information from this website, or by using information provided directly by N-Gage Brand, you represent that you have read and understand N-Gage’s Terms and Conditions and agree to be bound by them.

  3. N-Gage, at its sole discretion, reserves the right to discontinue doing business with any Dealer that promotes any product covered by this Policy in a manner inconsistent with this Policy.


2. Dealer Account Definition

  1. “Dealer Account” is a retail account for purchase of product for sale directly to end-consumers.

  2. Use of your Dealer Account to purchase and sell products for subsequent resale is prohibited under terms of this agreement.

  3. Use of your Dealer Account for selling N-Gage products to any entity other than a consumer end-user, or selling under any name other than the corporate name or commonly established trade name of Dealer, is prohibited under the terms of this agreement.


3. Promotional Guidelines

  1. Scope – These guidelines apply to all promotions in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspaper and magazine ads, catalogs, television, radio, and public signage, electronic and digital media and marketing such as websites, banner ads, search engines, social media sites, apps, or email, as well as in-store advertising including all in-store circulars, banners, signage and other displays.

  2. Appropriate Brand Promotion – The following practices are prohibited as part of our Promotional Guidelines:
    1. Using images of products and/or other images found on the N-Gage website without prior written authorization.
    2. Not promoting N-Gage products in the same way as other premium products are promoted or displayed.
    3. Using N-Gage’s logo, photographs, images, or other branding elements in an inappropriate manner, or in a way that is not consistent with the quality of our brand or products.

  3. Minimum Advertised Pricing – Our Minimum Advertised Price (MAP) is 80% of our Manufacturer’s Suggested Retail Price (MSRP) as published and updated by N-Gage from time to time. With respect to the MAP, the following practices are prohibited as part of our Promotional Guidelines:
    1. Displaying a price for an N-Gage product below its MAP price online that the consumer sees before making a decision to purchase (e.g., any screen that precedes the shopping cart screen). This includes banner advertisements, broadcast emails, and destination and landing pages.
    2. Using an online shopping cart or checkout promotional code that appears to provide a discount on an N-Gage product that is below the MAP.


4. E-Commerce Guidelines

  1. N-Gage does not sell products to dealers who do not operate at least one public brick-and-mortar commercial retail location.

  2. Dealer must receive written authorization from N-Gage in order to sell our products online.

  3. With respect to E-Commerce, the following practices are prohibited as part of our Promotional Guidelines:
    1. Selling N-Gage products on or to third party sites, including, but not limited to Amazon, eBay, Jet.com and Chewy.com.
    2. Authorizing or facilitating any third party seller to promote N-Gage products on or through their website, including outsource fulfillment of any orders for N-Gage products, in whole or in part.


5. Policy Enforcement

  1. The N-Gage Sales Manager is solely responsible for determining whether a Dealer is promoting N-Gage products in a manner consistent with this Policy, as well as determining appropriate action for inconsistent promotion.

  2. N-Gage will monitor the advertised prices of retailers, either directly or through the use of third party agencies or tools.

  3. N-Gage does not solicit but will accept information from Dealers regarding conduct by another Dealer which is potentially inconsistent with this Policy. N-Gage will not share with one Dealer information about its business decisions related to another Dealer.

  4. The Policy will be enforced by N-Gage at its sole discretion. Dealers have no right to enforce the Policy.

  5. All questions and comments related to this Policy should be directed to the Sales Manager at info@ngagebrand.com.

  6. N-Gage will email all authorized Dealers regarding changes to suggested MAP prices in advance of the effective date, but it is the Dealer’s responsibility to review the Policy on our website for changes.


6. Transactional Guidelines

  1. Orders ship within 1-2 business days.

  2. Minimum order is $100.

  3. Free shipping is available for orders of $200 or more.

  4. Credit Cards: We accept Visa, MasterCard, Discover, American Express, and PayPal.

  5. Returns are only allowed for defective merchandise or shipping discrepancies and must be reported to us within 7 business days of receipt. Please contact us at info@ngagebrand.com.

  6. FOB: Forest Park, IL.

  7. Pricing, product design and availability are subject to change without notice.


7. Changes

  1. N-Gage may modify these Terms and Conditions at any time, without notice, by updating this agreement on our website.