Shine Wholesale & Reseller Agreement

Thank you for taking the opportunity to offer your clients the Shine prestige brand of spray tanning products. Our goal is to continue to bring forth new and unprecedented formulations, in addition to fresh retail concepts and growth opportunities for You and Your salon. Any great relationship needs clearly defined expectation, and so this Agreement sets out the terms upon which Shine will sell its products to you. If you have any questions, please be certain to discuss with Shine before signing. Thank you for your business and welcome aboard!

1.     Scope. This Select Account Agreement governs all purchases by you, the customer signing below (“You, Your”) of any products of Shine Spray Tanning (“Shine”) supplied by our Authorized Distributor partner and represents the entire agreement governing Shine’s product supply relationship with You.

2.     Salon Qualification. In order to purchase Shine Products for your salon the following will apply:

a.     You must first agree to purchase one of our Retail or Back-Bar Collections and agree to carry all Shine Products in your Salon.

b.    You will not carry any other Spray Tanning or Self-Tanning manufacturer’s retail or back-bar product lines in your Salon.

c.     Your salon retail sales cannot exceed 25% of your total salon revenue.

d.    Your average Spray Tan should be no less than $30.00.

e.     You will provide your salon address, telephone #, website and 3 photos of your Salon (exterior, interior service area and your retail area) for posting on Shine’s Salon Locator Section of Shine’s website. *Shine reserves the right to post salon photos on our website. Please allow up to 45 days for salon data to be added to the Shine Website.

f.      Unless otherwise prohibited by applicable law, You agree to honor our suggested retail prices.

3.     Resale Restrictions. You agree that You will only sell Shine products to consumers in Your salon. You will keep Shine informed of the retail price at which you sell Shine products. Further, You agree to purchase Shine products directly from Shine only. All Shine Products purchased by You will be used by You on Your premises, associated with this Agreement, or in the case of retail products designed for home use, sold to Your customers from Your premise and only in quantities meeting their customers’ home consumption needs.

4.     Warranties. Shine provides warranties to consumers on its products to the extent such warranties are required or implied by applicable law; no other warranties, express or implied, are given to You or any third party.

5.     Product Presentation. You agree to refrain from altering the contents, packaging or markings of Shine products and will use commercially reasonable efforts to preserve the condition of Shine products.

6.     Website Sales. Sale of Shine products on your website or through other websites is strictly prohibited. However, You are permitted to feature Shine products on your website for marketing purposes only. You may only use trademarks on your website in accordance with Shine’s trademark usage guidelines and subject to Shine’s prior approval. All uses of Shine’s trademarks will inure to Shine.

7.     Termination. Either You or Shine may terminate this Agreement at any time on written notice.

8.     Intellectual Property. You agree to obtain prior written permission from Shine for the use of any Shine intellectual property, including trademarks product images, advertisements, or marketing material. You shall acquire no interest or rights in Shine intellectual property by virtue of this Agreement or Your performance of it.

9.     Miscellaneous. If any provision of this Agreement is held to be unenforceable, it shall be severed, and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. This Agreement shall be governed by the laws of the State of Nebraska, without regard to its principles of conflicts of law. This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties.

 

Acknowledged and Agreed to by:  

 

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Salon Name  

 

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Angie Ruh, Owner

 

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Authorized Signature      

 

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Date of Agreement

 

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Please Print Name 

 

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$ Amount of Initial Purchase

 

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Salon Address

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City/State/Zip

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Telephone

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Email Address

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Website