Terms and Conditions for Wholesale Account
Botanical Brewing Co. and Wholesale Account have indicated an interest in exploring a potential business relationship (the "Transaction"). In connection with its respective evaluation of the Transaction, each Party, their respective affiliates and their respective directors, officers, employees, agents or advisors (collectively, "Representatives”) may provide or gain access to certain confidential and proprietary information (hereafter referred to as “Confidential Information” and defined further in Paragraph 1 below). A Party disclosing its Confidential Information to the other Party is hereafter referred to as a "Disclosing Party." A Party receiving the Confidential Information of a Disclosing Party's hereafter referred to as a "Receiving Party."
In consideration for being furnished Botanical Brewing Co agree as follows:
Confidential Information. The term "Confidential Information" as used in this Agreement shall mean any data or information that is competitively sensitive material and not generally known to the public, including, but not limited to, information relating to any of the following: product development, manufacture and plans, marketing strategies, operations, systems, proprietary concepts, documentation, reports, databases, customer lists, customer relationships, customer profiles, supplier lists, pricing, business plans, present or future business activities, design, process, procedure, improvement, which the Disclosing Party considers confidential.
Botanical Brewing Co. and Wholesale Account each agree that all rights, title and interest in the Confidential Information of the Disclosing Party is and shall remain solely the property of the Disclosing Party. Company acknowledges that one or more United States and/or foreign patent applications have been or may be filed to protect certain aspects of Botanical Brewing Co.'s Confidential Information. The Parties further agree that all rights, title and interest in any improvements or developments to the Confidential Information, whether made by Botanical Brewing Co., by Company, or jointly made by the Parties, arising out of any disclosure of the Confidential Information by one Party to the other, is and shall remain solely the property of the Disclosing Party.
Company agrees to take such action as is reasonably requested by Botanical Brewing Co. to protect and secure Botanical Brewing Co.’s rights, title and interest in any improvements or developments to Botanical Brewing Co.'s Confidential Information.
MINIMUM ADVERTISED PRICING (MAP):
This policy protects the integrity of the Botanical Brewing Co product line and our network of retailers. The MAP price applies to but not limited to: advertising in catalogs, direct mail, websites, in-store displays and any and all forms of advertising media including social media. The advertised minimum price must be equal to or greater than the Botanical Brewing Co. Manufacturer Suggested Retail Price (MSRP). Any discounting that results in a net advertised price of any of Botanical Brewing Co. products thru coupons, rebates, percentage discounts or any other manner will be considered non-compliant to the MAP pricing. If the merchant is non-compliant, Botanical Brewing Co. will contact the vendor and give them 3 days to adhered to MAP compliance. If this is not corrected, Botanical Brewing Co. will cease to supply the distributor.
KEG RENTAL AGREEMENT:
Brewery kegs and equipment shall be returned in the same condition as received by the above listed return date. Failure to return all of the rented kegs and equipment to the brewery on time, or if damaged or lost, may result in a late charge and/or replacement/repair charge on your credit card, up to the full replacement value of the keg(s) and equipment listed above. The replacement cost per keg is $50. The purchaser agrees to provide valid credit card information in lieu of a deposit when brewery kegs and equipment are checked out of the brewery. Please do not return kegs to the brewery without contacting brewery staff so that the Keg Return Sheet may be updated upon return.
The purchaser acknowledges and agrees to this policy by signing and dating below.