Authorized Internet Reseller Policy
In order to ensure Traveler’s Choice, resellers are able to sustain healthy margins on Traveler’s Choice products and ensure that Traveler’s Choice’s end-users are being provided a quality sales experience and customer support, Traveler’s Choice has announced this Authorized Internet Reseller Policy (the “Reseller Policy”). Traveler’s Choice believes that its end-user customers are best served by having resellers who market Traveler’s Choice’s products as premium brand products and who provide an outstanding level of service and support to their end-user customers.
Traveler’s Choice has also decided that, in order to maintain and protect the viability of the Traveler’s Choice reseller network for its products, in order to protect the value associated with Traveler’s Choice’s brands in connection with its products, and in order to ensure high-quality support by resellers to end-users of those products, resellers must comply with the following terms and conditions:
- Appointment. Company grants to the Reseller, and the Reseller accepts the non-exclusive right to fulfill orders and to market, sell, and distribute the Products to End-Users located in the United States of America (the “Territory”) solely on the Seller Name and Internet URL locations approved in writing by Traveler’s Choice;
- Third-Party Internet Marketplace Sales. Reseller is prohibited from selling Traveler’s Choice products on Internet marketplaces including, but not limited to, Amazon, Walmart, eBay, and Target unless Reseller obtains written permission from Traveler’s Choice authorizing them to sell on specific Internet Marketplaces and under specific seller names. Traveler’s Choice may revoke or amend Reseller's Internet Marketplace Authorization by sending notice to Reseller and such revocation or amendment shall become effective upon delivery of such notice;
- Transshipping. Resellers shall not transship products. Specifically, resellers shall not sell or transfer any Traveler’s Choice products to any person or entity for resale. Resellers agree to restrict, cease, or limit the sale of Traveler’s Choice products to anyone at the request of Traveler’s Choice;
- Geographic Sales Boundary. Resellers may only sell and advertise for sale Traveler’s Choice products within the United States. Traveler’s Choice hereby expressly prohibits resellers from soliciting or consummating sales outside of the United States;
- Intellectual Property. The use of the intellectual property of Traveler’s Choice, including, but not limited to, trademarks, tradenames, product images, marketing banners, and other digital assets, without written consent from Traveler’s Choice is prohibited;
- Paid Search Advertising. Reseller shall not, directly or indirectly, without Traveler’s Choice’s prior written consent, which may be granted or withheld in Traveler’s Choice’s sole discretion, engage in any paid search advertising, search engine marketing, or other online advertising or marketing campaign that uses a Traveler’s Choice Mark or any word or phrase that is confusingly similar to a Traveler’s Choice Mark (including any variation or misspelling) as a stand-alone search term or keyword. Reseller must set the Traveler’s Choice Marks as a negative exact match or negative keywords. Any paid search advertising, search engine marketing, or similar online advertising or marketing campaign by Reseller must use the Traveler’s Choice Mark combined with a descriptive or generic term or phrase related to the Products and shall not identify Products unavailable for purchase from Reseller, or direct consumers to a website that does not sell Products, or use terms like “official” or “original” or other words and phrases that are misleading or inaccurate. Further, Reseller’s online advertising or marketing campaigns shall be consistent with the high standards, value, reputation, and prestige associated with the Products and the Traveler’s Choice Marks and shall not use terms such as “clearance” or “lowest prices” and the like or identify percentage or dollar discounts. In all cases, Traveler’s Choice will make the final determination in its sole discretion as to whether a particular use of a Traveler’s Choice Mark in online advertising or marketing campaigns is permissible;
- Sales Practices. Resellers shall conduct their business in a reasonable and ethical manner at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the products except as expressly authorized by Traveler’s Choice. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Traveler’s Choice products;
- Quality Controls. Resellers shall comply with all quality control standards, including, but not limited to, advertising, storage, and shipping requirements, as announced from time to time by Traveler’s Choice;
- Warranty. Traveler’s Choice warrants the Products to be free from defects in material and workmanship. Traveler’s Choice warrants that customers who purchase directly from Traveler’s Choice or its Authorized Resellers, that Products sold by its Authorized Resellers conform to Traveler’s Choice’s quality control specifications. Such warranties extend only to Products sold by Traveler’s Choice and its Authorized Resellers, who are subject to Traveler’s Choice’s quality control standards. TRAVELER’S CHOICE WARRANTIES DO NOT EXTEND TO PRODUCTS OBTAINED AND SOLD BY UNAUTHORIZED RESELLERS OR TO PRODUCTS WHICH TRAVELER’s CHOICE CONSIDERS ALTERED;
- WARRANTY DISCLAIMER. THE EXPRESS WARRANTIES SET FORTH IN THIS POLICY ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. TRAVELER’S CHOICE 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;
- Service. Resellers shall provide the highest levels of customer service. Resellers and their sales personnel shall be familiar with all Traveler’s Choice products marketed for sale and must obtain sufficient product knowledge to advise customers on the selection of the products, as well as any applicable warranty, guarantee, or return policy;
- Product Packaging. Resellers shall sell Traveler’s Choice products in their original packaging. Relabeling, repackaging, bundling and other alterations are not permitted without written permission from Traveler’s Choice. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on products or their packaging is prohibited. Resellers shall not remove, translate, or modify the contents of any label or literature on or accompanying the products; and
- Unilateral Price Policy. Resellers are informed of Traveler’s Choice’s Unilateral Price Policy as they apply to the advertisement for sale of Traveler’s Choice products from resellers to end-users in the United States. There is no agreement, express or implied, between Traveler’s Choice and resellers with respect to the advertised or resale pricing of Traveler’s Choice products. If any director, officer, employee, representative, or other agent of Traveler’s Choice tries to coerce resellers to agree to the price at which resellers advertise or resell Traveler’s Choice products, such action shall be considered void, unauthorized, and without effect and resellers shall promptly notify Traveler’s Choice at brandprotection@travelerschoice.com.
- Additional Terms and Conditions. Resellers agree to comply with the additional terms and conditions set forth by Traveler’s Choice from time to time which may be changed by Traveler’s Choice in its sole discretion.
Traveler’s Choice reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and a reseller’s continued use, advertising, offering for sale, or sale of the products will be deemed reseller’s acceptance of the amendments.
If Traveler’s Choice determines that a reseller is in violation of this Reseller Policy, Traveler’s Choice 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 Reseller Policy must be emailed to: brandprotection@travelerschoice.com.