Effective 7-01-2022, All New Beginnings Nutritionals (NBN) distributors/wholesale clients will need to be in compliance with the following Agreement and MAP policy that follow.
This policy has been implemented to protect our image in the marketplace as a trusted, high-quality brand. This policy is subject to change at any time by NBN in its sole discretion.
THIS WHOLESALE CLIENT AGREEMENT (the “Agreement”) contains the complete terms and conditions that apply between New Beginnings Nutritionals or www.nbnus.com, a Kansas, U.S.A. Limited Liability Corporation (“NBN”), and you (the “Wholesale Client,” and collectively, the “Parties”). By submitting (or having submitted) an application to become a Wholesale Client, you are confirming that you have read this Operating Agreement and agreed to be bound by its terms and conditions.
This agreement grants our professional accounts the right to purchase at wholesale cost and to sell the products of New Beginnings Nutritionals (NBN). In exchange for that right, our wholesale clients must follow the terms and conditions that follow:
1. TO QUALIFY: Wholesale Clients must be a healthcare practitioner, pharmacy, health food store, internet store, and/or an approved professional organization that sells NBN products from their office, retail space, or internet business.
2. ONLINE SALES: Wholesale Client agrees NOT to resell any NBN product online via any of the following sites: eBay, Amazon, Walmart Marketplace, Jet or other such third-party websites. A personal online retail site, which may or may not support a physical store front, is allowed. NBN does maintain an agreement with one exclusive Amazon.com retailer. Therefore, NBN products may not be advertised or sold on Amazon.com or any of its affiliates by anyone except this retailer.
3. PRICING: MAP (minimum advertised price) is the retail price listed on our order forms and website www.nbnus.com. Our pricing is subject to change without notice and at discretion of NBN. Violation of MAP pricing standards set forth by NBN may result in the loss of the wholesale pricing and account. Wholesale Clients agree to not sell NBN products online at a price lower than the current price listed on www.nbnus.com.
4. SONIC CHOLESTEROL: Non-practitioner wholesale clients must be approved to purchase/sell Sonic Cholesterol. The selling of Sonic Cholesterol is prohibited on any website unless it is password protected as this product needs to have a doctor authorization to purchase.
5. DISTRIBUTOR WEBSITE: NBN reserves the right to inspect all Distributor websites. NBN may notify Distributor of incorrect product pictures and pricing issues that need to be updated.
6. REPACKAGING: Wholesale Client agrees to never repackage, reproduce, or reformulate any NBN product.
7. PRODUCT CLAIMS: Wholesale Client will not make disease and/or drug claims, and must at all times ensure that their promotions are acceptable structure-function claims and follow all relevant rules and regulations of the U.S. Food and Drug Administration (“FDA”).
8. CONFIDENTIALITY: Any information that the Wholesale Client is exposed to by virtue of its relationship with NBN under this Agreement, which is not available to the general public, shall be considered to be “Confidential NBN Information.” Wholesale Client may not disclose any Confidential NBN Information to any person or entity, except where compelled by law, unless Wholesale Client obtains prior written consent for such disclosure from NBN.
9. PROMOTIONAL MATERIALS: NBN allows Wholesale Client use of product images & descriptions from our website to promote products.
10. TERMINATION: This Agreement shall take effect upon NBN’s acceptance of the Distributor/Wholesale Application and shall remain in full force and effect indefinitely, or until termination. Either Party shall have the right to terminate this Agreement at any time and for any cause. NBN reserves the right to revoke a Wholesale Client's status and nullify the account for any of the following reasons: a. If the account has been inactive for over two years. b. If the Wholesale Client commits, allegedly committed, or committed in the past any criminal acts or other acts involving moral turpitude, drugs, or felonious activities; committed any acts or become involved in any situation or occurrence which brings them in public disrepute, contempt, scandal or ridicule, or which shocks or offends the community or any group or class thereof; or c. If the Wholesale Client is in any way in violation of this Agreement.
11. TAXES: NBN shall not be responsible for any taxes owed by Wholesale Client arising out of Wholesale Client’s relationship with NBN as set forth in the Agreement. NBN shall not withhold any taxes from the commissions paid to referring Wholesale Client.
12. MODIFICATIONS TO POLICY: NBN reserves the right to update, amend, or modify the terms of this policy at any time and without notice. Unless otherwise provided, such amendments will take effect immediately and the Wholesale Client's continued use, advertising, offering for sale, or sale of products, use of trademarks or use of any other materials provided by NBN will be deemed as Wholesale Client's acceptance of amended terms.