Secret Aardvark Trading Company (hereafter “Secret Aardvark”), an Oregon limited liability company, is the
manufacturer and owner of the Secret Aardvark brand. Since 2004, Secret Aardvark has built a strong reputation as the
manufacturer of quality, delicious, and flavorful hot sauces and marinades.
Effective immediately, only Authorized Resellers may sell Secret Aardvark products on eCommerce third-party
marketplaces, such as Amazon. Authorized Resellers are merchants who are vetted by Secret Aardvark for
adherence to its quality control standards and who are given written approval to sell Secret Aardvark products on
eCommerce third-party marketplaces (hereafter, “Authorized Reseller” or “Authorized Resellers”). Any
reseller who wishes to sell Secret Aardvark products on eCommerce third-party marketplaces must obtain prior
written approval from Secret Aardvark.
All Authorized Resellers accept and are bound by the terms and conditions of this Policy, which detail the
channels and methods in which they are authorized to sell Secret Aardvark products. Secret Aardvark and its
Authorized Resellers are individually a “Party” and together are the “Parties.”
Terms and Conditions
- Authorization. Authorized Resellers can advertise and sell Secret Aardvark Products (the “Product” or
“Products”) to end customers in the United States of America, in brick-and-mortar locations, and on their
own Internet URL locations approved by Secret Aardvark. Unauthorized resellers are prohibited from
marketing, advertising, and reselling the Product on such marketplaces. - Third-Party Internet Marketplace Sales. Authorized Resellers are prohibited from selling Secret Aardvark
products on internet marketplaces including, but not limited to, Amazon, Walmart, eBay, Alibaba, Newegg,
Craigslist, Rakuten, Sears, unless Authorized Resellers obtain written permission from Secret Aardvark
authorizing them to sell on specific internet marketplaces and under specific seller names. Secret Aardvark
may revoke or amend an Authorized Reseller’s internet marketplace authorization by sending notice to
Authorized Reseller and such revocation or amendment shall become effective upon delivery of such notice. - End-Customers. Authorized Reseller will market and resell the Product to end-customers only. End-customers are
customers who purchase the Product for their personal use or consumption. Authorized Reseller must obtain prior
written approval from Secret Aardvark to sell the Product to buyers who are not end-customers, such as distributors,
wholesalers, vendors, merchants, retailers, and resellers. - Territory. Authorized Reseller’s authorization to market and resell the Product is limited to the United States without
exclusive right to any specific territory. Authorized Reseller must obtain prior written approval from Secret Aardvark
to market and resell the Product in a country outside the United States. - Duration. An Authorized Reseller’s approval to advertise and resell the Product will remain in effect until it is
terminated by either Party or when Secret Aardvark terminates this Policy, whichever occurs first. - Use of Intellectual Property. Secret Aardvark remains the sole owner of its copyrights, patents, trademarks, trade
dress, and trade secrets (“Intellectual Property”). Secret Aardvark grants Authorized Reseller a limited, non-transferable, revocable license to use its Intellectual Property for the purpose of marketing and reselling the Product in a manner consistent with the Terms. The Intellectual Property will not be affixed to or advertised in connection with any goods or services other than the Product. Authorized Reseller agrees to cease all use of Intellectual Property upon its termination as an Authorized Reseller, or upon the termination of Secret Aardvark’s Authorized Reseller Policy, whichever comes first. This limited license is granted only to Secret Aardvark’s Authorized Resellers. - Advertising by Secret Aardvark. Nothing in this Policy limits Secret Aardvark’s right to advertise and sell the
Product independently from its Authorized Resellers. All decisions regarding the advertising medium or
content will remain the sole discretion of San-J. - Customer Service. Authorized Resellers will offer customer service in a timely, diligent, and professional
manner to customers who purchase the Product. Authorized Resellers will use commercially reasonable
efforts to ensure customer satisfaction, increase customer loyalty, and preserve customer trust in the Secret
Aardvark brand. - Quality Control Authorized Resellers acknowledge the importance of upholding the good reputation of Secret
Aardvark and its products. Accordingly, Authorized Resellers must comply with all applicable federal, state, and local
laws and regulations. Authorized Resellers must also agree to adhere to the highest quality control standards
in performing their obligations under this Policy, including the following standards established by Secret
Aardvark.
a. Provide Contact Information. Authorized Reseller will provide Secret Aardvark with accurate and up-to-date
company and contact information including all DBA’s, retail locations, and websites where Authorized Reseller
will sell the Product.
b. Quality Control Audit. Secret Aardvark may conduct quality control audits of its Authorized Resellers’
advertising promotional materials, product images, and any documents related to the marketing and advertising of
the Product to determine whether the use of the Product and Intellectual Property meet the standards,
specifications, and directions approved by Secret Aardvark. When requested, Authorized Resellers will provide
Secret Aardvark with samples of advertising, promotional materials, product images, and any other documents for
review.
c. Product Storage. Authorized Reseller will store the Product in a facility and in a manner that prevents damage to
the Product or its packaging.
d. Product Condition. Authorized Reseller will only sell Products in their original, unaltered, undamaged, and
sealed packages. Authorized Reseller is prohibited from selling Products that have original labels replaced,
altered, or destroyed; such types of products are considered inauthentic and will not qualify for product refunds or
product warranties. Authorized Reseller will destroy, at its own expense, Product that Secret Aardvark determines
is altered, damaged, inauthentic, or does not meet Secret Aardvark’s quality standards.
e. Bundles and Multipacks. Unless Secret Aardvark gives prior written consent, Authorized Reseller is prohibited
from creating and selling bundles, or multipacks. Authorized Reseller is further prohibited from opening bulk
packages, repackaging the contents, and selling the Product in smaller units. These types of packages are
considered inauthentic and will not qualify for product refunds, exchanges, or Secret Aardvark’s product
warranties.
f. No Brand Commingling. Authorized Resellers will not advertise or display the Product with non-Secret
Aardvark products in a manner that creates the impression that the non-Secret Aardvark products are made by,
endorsed by, or associated with Secret Aardvark. Such commingling of brands is likely to cause customer
confusion and is prohibited.
g. Product Recall. If Product recall is necessary, Authorized Reseller will cooperate with Secret Aardvark to
conduct the recall.
h. Drop Shipping. Order fulfillment by drop shipping is prohibited without prior written consent from Secret Aardvark.
i. Additional Quality Control Standards. Secret Aardvark has the right to issue additional quality control
standards reasonably related to the commercial success of its Products and in furtherance of protecting its brand’s
reputation. All Authorized Resellers agree to abide by all additional quality controls standards issued by Secret
Aardvark. - Product Warranties. Secret Aardvark warrants the Products to be free from defects in material and
workmanship. Secret Aardvark warrants that customers who purchase directly from Secret Aardvark, or
from its Authorized Resellers, will receive unexpired product that is safe to consume when used
according to the specification printed in the label. Secret Aardvark also warrants that the products sold by
Secret Aardvark, and its Authorized Resellers, comply with all product safety regulations and appropriate
labeling requirements promulgated by the United States Food and Drug Administration, including the
Federal Food, Drug and Cosmetic Act, Federal Consumer Product Safety Act, and any other applicable
product safety law. Further, Secret Aardvark warrants that the Products sold by its Authorized Resellers
conform to Secret Aardvark’s quality control specifications. Such warranties extend only to Products
sold by Secret Aardvark and its Authorized Resellers who are subject to Secret Aardvark’s quality control
standards. SECRET AARDVARK’S WARRANTIES DO NOT EXTEND TO PRODUCTS
OBTAINED AND SOLD BY UNAUTHORIZED RESELLERS OR TO PRODUCTS WHICH
SECRET AARDVARK CONSIDERS ALTERED - WARRANTY DISCLAIMER. THE EXPRESS WARRANTIES SET FORTH IN THE TERMS ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SECRET AARDVARK HEREBY
SPECIFICALLY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NONINFRINGEMENT,
QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. - Notice of Minimum Advertised Price Policy. Secret Aardvark has issued a Minimum Advertised Price (“MAP”)
Policy that applies to all Secret Aardvark products. This section is intended to only give notice of the policy to
Authorized Reseller. It does not constitute consideration for any agreement between the Parties nor a separate
agreement regarding the final price that Authorized Reseller will charge its customers. The Minimum Advertised
Price Policy is a unilateral policy and not subject to agreement by Authorized Reseller.
If Secret Aardvark determines that a reseller is in violation of this Policy, Secret Aardvark may take any and all
appropriate legal actions, including, but not limited to, refusing to accept orders from the reseller or instructing its
distributors to refuse to accept orders from the reseller.
Any questions regarding this Policy must be emailed to: compliance@secretaardvark.com