Reseller Policy

Doc Johnson® , Kink by Doc Johnson, Foria and WOO(“Brand”) takes seriously its responsibility to protect its trademarks and brand from practices that may harm, diminish or dilute its brand or cause consumer confusion. To that end, Brand hereby adopts this Reseller Policy (“Policy”) and requires that each person, firm or entity (as applicable, a “Reseller”) that purchases Brand products (the “Products”) for resale or other distribution agree to comply with this Policy. Effective immediately, Doc Johnson is implementing this Reseller Policy.

Accordingly, this Policy is incorporated into, and hereby supplements, any contract entered into between Brand and Reseller with respect to Reseller’s purchase or sale of the Products. Any Reseller failing to comply with this Resale Policy will face adverse consequences ranging from suspension up to and including, revocation of its Authorized Reseller status, immediate termination of its account, and/or further legal action.

1. No Resale on Online Marketplaces. Unless otherwise agreed with Brand in writing, Reseller may not advertise or sell the Products on the Amazon, eBay, Walmart or any other 3rd party online marketplace. Additionally, Reseller may not resell Products to any distributors for further distribution in any manner on the Amazon, eBay, Walmart or any other 3rd party online marketplace.

2. Compliance with MAP. CLICK HERE TO VIEW MAP Policy that covers Doc Johnson®, Kink by Doc Johnson, Foria and WOO all names which refer to(“Brand”)

3. Handling and Storage. Reseller agrees to handle and store the Products in a safe manner and in compliance with Brand’s storage and handling guidelines.

4. Product Packaging. Reseller shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations to Products or their packaging are not permitted. Reseller may not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Reseller may not alter or remove any trademarks, proprietary notices or warning labels included in, on, or in connection with, the BRAND products.

5. Report Unauthorized Resellers. If Reseller has information, or reasonably suspects, that any person is purchasing and reselling or distributing Products in a manner not authorized by Brand, Reseller must promptly notify Brand.

6. Support of Manufacturer’s Warranty. Reseller may extend to any proper purchaser of the Products the original manufacturer’s warranty in accordance with its terms. Reseller may not modify or alter the original manufacturer’s warranty, represent, or characterize the original manufacturer’s warranty in any misleading manner, or extend its own warranty with respect to the Products. Reseller must adhere to Brand’s warranty and customer support obligations and initiatives.
By purchasing BRAND Products, you acknowledge and affirm your understanding, acceptance and agreement to all of the requirements herein. BRAND reserves the right to take any action it deems appropriate to enforce these requirements.

The Doc Johnson® Program represents the finest specialty and high service retailers in their class of trade and it offers those retailers a select group of Doc Johnson® branded premium products that are sold exclusively through distributors and retailers. The Doc Johnson® Program includes distributors and retailers who are authorized directly by Doc Johnson® and they agree to abide by the Doc Johnson® Merchandising Codes of Conduct and adhere to the Doc Johnson® Minimum Advertising Pricing Policies.

Doc Johnson® actively supports the advertising and promotion of its products by its domestic dealers and distributors. Doc Johnson®, however, has determined that it shall not support, any advertisements or promotional materials, that have the effect of diminishing or detracting from the perceived value of the Doc Johnson® products. However, those retailers, resellers and who advertise, offer, or sell any Products via the Internet or at a physical brick and mortar locations at a net retail sales price that is at least equal to the minimum advertised price (the MAP) established and announced by Doc Johnson® from time to time shall be entitled to publicly state in any advertising and on any website that they are a “The Doc Johnson® Retailer.” Additionally, any of the Doc Johnson® retailers shall be entitled to certain benefits that may be announced by Doc Johnson® from time to time which may include, without limitation, any or all of the following:

• A listing on the Doc Johnson® website of the retailer’s in the “Retail Finder” section of the DocJohnson.com website
  • https://www.docjohnson.com/retail-finder
• Camera ready artwork or images, provided by Doc Johnson® in an electronic format, for use on the seller’s website
• This policy covers all Doc Johnson brands including but not limited to Doc Johnson®, Kink by Doc Johnson, Foria and WOO

The Doc Johnson® MAP policy shall operate under the following guidelines:

1. MAP pricing may be adjusted by Doc Johnson® at its sole discretion upon written notice to the dealers and distributors.

2. Under this policy any website or commercial marketplace (i.e. eBay, Amazon.com, Overstock.com) on which Products are advertised for sale must be owned(first-party) or directly controlled by the Doc Johnson® authorized retailer, reseller or Distributor. Any arrangement whereby a non-authorized third-party will conduct the Internet/marketplace sales for a retailer (fulfilled by), or distributor are prohibited without the prior written consent of Doc Johnson®, and which shall be granted or denied at the sole discretion of Doc Johnson®.

3. Under this policy any website on which Products are advertised for sale must be owned or directly controlled by the authorized retailer, reseller or distributor. A retailer, reseller or distributor may not advertise on the Internet by purchasing space on any other web page such as a search engine, auction or third party sites (i.e. eBay, Amazon.com, Sears.com, Overstock.com. JET.com, ETC.) and any arrangement whereby a third-party will conduct the Internet sales for a retailer (fulfilled by), reseller or distributor are prohibited without the prior written consent of Doc Johnson®, which shall be granted or denied at the sole discretion of Doc Johnson®.

4. All advertisements that drive consumers to non-owned(third party) websites are strictly prohibited including without limitation flyers, coupons, mailers/emails, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet, any use of hypertext transfer protocol or internal links to a web based shopping cart and any other electronic media, television, radio and public signage. The MAP policy does not apply to any in-store or owned(first-party) website advertising by an authorized retailer, reseller or distributor.
a. All advertisements of Products must include the Doc Johnson® trademarked imagery, written and visual content with exact name, model number and UPC of the Product and a price at or above the MAP.

5. The inclusion in advertising of free or discounted products/services, “bundling”, whether made by Doc Johnson® or any other manufacturer with a product covered by this MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP (e.g. free shipping).
a. Products may only be advertised as standalone products and may not include any discount codes or rebates except for Doc Johnson® authorized promotions (i.e., manufacturer’s rebates)

6. MAP applies only to advertised prices and does not apply to the price at which the Doc Johnson® product is actually sold or offered for sale to an individual consumer within the sellers retail location or retailer owned(first-party) website. Retail location is defined as ‘the physical place where end-users can physically buy and take immediate delivery of the Doc Johnson® products. Electronic mail sent in direct response to a customer inquiry is also not considered to be advertising. Such Doc Johnson® Retailers remain free to sell the Doc Johnson® products at any prices they elect.

7. Doc Johnson® products, including manufacturer close-outs (i.e., discounted styles, opportunity buys) and those with factory defects (i.e., blemishes, factory seconds), may NOT be offered for sale by a retailer, reseller or distributor on any internet auction or third-party site including, but not limited to, eBay, Amazon.com, Overstock.com, JET.com unless approved in writing by Doc Johnson®.

8. A retailer, reseller or distributor’s website may not give to any users the impression or any reason to believe that they have reached the Doc Johnson® official website. A retailer, reseller or distributor’s website must state clearly and conspicuously that it is owned and operated by an independent entity. A retailer, reseller or distributor’s website must accurately display any applicable trademarks owned by Doc Johnson®. Retailers, resellers and distributors are responsible to make all changes to reflect the latest use of the Doc Johnson® names, logos, and trademarks. Retailers, resellers and distributors are encouraged to follow all Internet etiquette and applicable regulations and to be good “net” citizens. Framing of any part of the Doc Johnson® website is strictly prohibited and a retailer, reseller or distributor’s website must present a look and feel distinctly unique from that of Docjohnson.com website.

9. A retailer, reseller or distributor’s website may not use Doc Johnson®, trademarks, logo(s), or product name(s), in the retailer, reseller or distributor’s URL address or domain name or any manner that otherwise does not comply with this Policy and any other applicable policies of Doc Johnson®.

10. Doc Johnson® reserves the right to discontinue models or engage in promotions with respect to certain product models. In such events, Doc Johnson® may at its discretion, modify or suspend the MAP with respect to the affected products by notifying all dealers and distributors of such a change.

11. MAP does not establish maximum advertised prices. All dealers may offer the specified products at any price in excess of the MAP established.

12. Intentional and/or repeated failure to abide by this policy will result in termination of dealership. Doc Johnson® does not intend to do business with dealers who degrade the integrity of Doc Johnson® or the Doc Johnson® products. Doc Johnson® will not provide prior notice or issue warnings before taking such action.

a. First Violation: Doc Johnson® or its Distributor will issue a warning to the retailer or reseller, and Doc Johnson® or its Distributor may, at its own discretion and without any liability under any existing contracts or agreements, cease supplying the retailer or reseller with Products. MAP violations must be corrected within 24 hours. Upon correction and following 90 days of compliance, violation will then be cleared.

b. Second Violation: Doc Johnson® or its Distributor will issue a warning to the retailer or reseller, and Doc Johnson® or its Distributor may, at its own discretion and without any liability under any existing contracts or agreements, cease supplying the retailer or reseller with Products for a period not less than ninety (90) days. MAP violations must be corrected within 24 hours of notice of violation to be considered for reinstatement at the end of the 90-day suspension period.

c. Third Violation: Doc Johnson® or its Distributor may, at its own discretion and without liability under any existing contracts or agreements, initiate the process to terminate indefinitely the retailer or reseller authorization to sell Products.

13. This MAP policy is designed to ensure dealers have the incentive to invest resources with respect to all The Doc Johnson® products which are unique and innovative.