Wholesale Terms of Service
The wholesale program at Club Hemp is intended to build long term partnerships between wholesalers and our business providing the finest hemp oil. Whether a small business or a large retailer, we have the ability to work with you, help you out, and in return ask that you follow common sense rules about marketing Club Hemp products. We look forward to working with you, helping you with any questions or special needs, and growing this together.
ClubHemp.co is owned and run by TGM, LLC in El Prado, New Mexico. This is the name that will appear on all statements you receive.
Please read the entire agreement. You may print this page for your records. This is a legal agreement between you and Green Equity Media. (the owners of ClubHemp.co) By submitting the online wholesale application, you agree that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
To start, you will complete and submit the registration form at the ClubHemp.co web site. We will review your application and may revisit this at any time. We may reject your application at our sole discretion.
You may not create or design any website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are ClubHemp.co or any other affiliated business.
Wholesale Account Manager
You will create a password so that you may enter ClubHemp.co’s secure wholesale account interface. As a member of ClubHemp.co’s Wholesale Program, you will have access to your Wholesaler Dashboard. Here you will be able to review our Program’s details, download marketing materials and access wholesale products.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your business. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any 3rd party rights.
You are free to promote our products, but naturally any promotion that mentions ClubHemp.co could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by ClubHemp.co. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name.
Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial social media and newsgroups and cross-posting to multiple social media and newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
You may use mailings to customers to promote Club Hemp products so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to social media and newsgroups to promote Club Hemp products so long as the social media and/or news group specifically welcomes commercial messages.
At all times, you must clearly represent yourself and your business as independent from ClubHemp.co. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the ClubHemp.co Wholesale Program.
ClubHemp.co Rights and Obligations
We have the right to monitor your purchases at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes we feel should be made. If you do not make the changes that we feel are necessary, we reserve the right to terminate your participation in the ClubHemp.co Wholesale Program.
ClubHemp.co reserves the right to terminate this Agreement and your participation in the ClubHemp.co Wholesale Program immediately and without notice to you should you commit fraud in your use of the ClubHemp.co Wholesale Program or should you abuse this program in any way.
This Agreement will begin upon our acceptance of your Wholesale application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Your continued participation in ClubHemp.co’s Wholesale Program following the posting of the new Agreement on our site will indicate your agreement to the changes.
ClubHemp.co makes no express or implied representations or warranties regarding ClubHemp.co service and web site or the products or services provided therein, any implied warranties of ClubHemp.co ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You represent and warrant that: (1) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. (2) You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party. (3) You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall ClubHemp.co’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless ClubHemp.co, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent wholesaler, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ClubHemp.co. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Mexico without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
FDA Compliance Disclaimer
Our product statements have not been evaluated by the food and drug administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease.