Reseller Agreement

This RESELLER AGREEMENT (“Agreement”) is made on the Effective Date between Reseller and BORDEINDUSTRIES, INC., Principal Manufacturer and Distributor of KIBOA RIDGE FARMS (each a “Party” and collectively the “Parties”).

RECITALS

  1. Reseller is an online food retailer and/or specialty store (health, vegetarian or gourmet) and BORDEINDUSTRIES, INC. has the rights to distribute the Products and grant the license to use the intellectual property rights associated with the Products (“Intellectual Property Rights”).
  2. The Parties wish to sell the Products to customers through various online channels available to the Reseller or via a physical store operated by the Reseller.
  3. Capitalized terms used in this Agreement shall, unless the context otherwise requires, have the meanings given to them in the Particulars to this Agreement.
  4. Not withstanding the Suggested Retail Price (SRP) provided by BORDEINDUSTRIES, INC., The Trade Margin or Selling Price shall ultimately be determined by the Reseller.
  5. The cost of Delivery shall be shouldered by the Reseller.
  6. The term of this Agreement shall be twelve (12) months from the Effective Date, and the Agreement shall renew automatically for a further period of twelve (12) months unless either Party provides written notice to the other Party at least sixty (60) days prior to the expiration of the Term of its intention not to renew the Agreement.
  7. During this period, the Reseller may use BORDEINDUSTRIES, INC.'s identifying logo or trademark or any other identifying marks, and patent markings, in connection with the (sale, distribution, marketing, and leasing) of the Product in all marketing, sales or promotional material, including but not limited to, flyers and website advertising or marketing.
  8. The Reseller shall have the right to create and distribute any and all-promotional materials for the Product, provided that such promotional materials will contain BORDEINDUSTRIES, INC.'s logo or identifying mark. BORDEINDUSTRIES, INC.'s hereby agrees that the Reseller shall be permitted to modify any promotional material provided by BORDEINDUSTRIES, INC.; however, any such modified material may only be used in connection with the Product and it will be subject to prior permission of BORDEINDUSTRIES, INC.
  9. The Parties hereby agree that the Reseller shall submit to BORDEINDUSTRIES, INC. a purchase order for all Products ordered by the Reseller from BORDEINDUSTRIES, INC. using the Reseller System. 
  10. The Reseller hereby agrees that any purchase orders submitted by the Reseller to the Company, shall confirm the terms and conditions of this Reseller Agreement.