RESALE POLICY

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Physician’s Strength and its subsidiaries and affiliated entities (referred to as “Physician’s Strength”, “we” or “us”) issues this Resale Policy of Physician’s Strength, which applies to all Authorized Practitioner Accounts of Physician’s Strength, products (“Products”) in the United States of America.


Please read this Resale Policy carefully.  By purchasing Products from Physician’s Strength or an Authorized Physician’s Strength Distributor, establishing a Physician’s Strength practitioner account, or by clicking to accept or agree to these terms when presented with this option, you (“Authorized Practitioner Account”, “you”, “your”) agree to abide by the terms and conditions herein.  Until such status is otherwise revoked by Physician’s Strength, you shall be considered an “Authorized Practitioner Account” hereunder.  
Any Authorized Practitioner Account failing to comply with this Resale Policy will face immediate termination of its account, revocation of its Authorized Practitioner Account status, and/or further legal action.  Violations of this Resale Policy may be reported to the Physician’s Strength corporate headquarters at 800-473-8460.


This version of the Resale Policy is effective as of June 15, 2021.
1.         Manner of Sale

  1. Authorized Customers.  Authorized Practitioner Account shall sell Products solely to End Users of the Products.  An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to re-sell the Products to any third party.  Authorized Practitioner Account shall consider the nutritional needs of each End User when providing Product advice.  Authorized Practitioner Account shall sell the Products in unit volumes appropriate for individual use only.  Authorized Practitioner Account shall not sell or transfer any of the Products to any person or entity that Authorized Practitioner Account knows or has reason to know intends to re-sell the Products.
  2.      Online Sales.  Authorized Practitioner Account is not permitted to market for sale or sell the Products on the Internet without an express written Permission from Physician’s Strength.  This includes, without limitation, third-party-facilitated retail or auction websites such as Amazon.com, NexTag.com, Jet, Rakuten, Sears Marketplace, PriceGrabber.com, Shopzilla.com, Walmart Marketplace, or Best-Price.com, Ebay.
  3.      Sales Through PatientConnect.  If Authorized Practitioner Account has an Agreement allowing Authorized Practitioner Account to sell products via PatientConnect by Physician’s Strength platform (“PatientConnect”), you shall not disclose, advertise, or promote your unique PatientConnect professional code on websites, through social media, including Facebook, Twitter, etc., or in any other way besides your direct communication with a patient.  It is Authorized Practitioner Account’s responsibility to limit use of this code to authorized persons only, and Authorized Practitioner Account agrees to be held liable for any use of this code by third parties.  You agree to promptly inform Physician’s Strength if your code has been somehow compromised.
  4.      Restrictions by Geographic Location.  Authorized Practitioner Account shall not sell, ship, invoice, or promote the Products outside the United States of America, or to anyone Authorized Practitioner Account knows or has reason to know intends to ship the Products outside the United States of America, without the prior written consent of Physician’s Strength.
  5.      Sales Practices.  Authorized Practitioner Account shall conduct its business in an ethical manner at all times, whether engaged in the sale of Physician’s Strength Products or other products, and shall not engage in any deceptive or misleading practices or advertising at any time, nor make any warranties or representations concerning the Products except as authorized by Physician’s Strength.  Authorized Practitioner Account shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising and sale of the Products.  Authorized Practitioner Account must represent the Products in a professional manner.  Authorized Practitioner Account shall be responsible for the actions of its employees, administrators, agents, contractors, or consultants and shall ensure that such personnel comply with the terms herein.  Authorized Practitioner Account agrees to cooperate with Physician’s Strength in the evaluation of such matters.  Authorized Practitioner Account shall cooperate with Physician’s Strength in the investigation and resolution of any customer service matters resulting from Authorized Practitioner Account’s sale of the Products.
  1. Customer Care
  1.      Product Storage.  Authorized Practitioner Account shall comply with all instructions provided by Physician’s Strength regarding the storage, handling or shipping of the Products, including instructions provided on Product labels.
  2.      Product Inspection.  Promptly upon receipt of the Products, Authorized Practitioner Account shall inspect the Products for damage, defect, broken seals, evidence of tampering (a “Defect”).  If any Defect is identified, Authorized Practitioner Account must not offer the Product for sale and must promptly report the Defect to Physician’s Strength at [email protected] or 800-243-5242.
  3.      Recall and Consumer Safety.  To ensure the safety of the consumer of the Products, Authorized Practitioner Account shall cooperate with Physician’s Strength with respect to any Product recall or other consumer safety information dissemination.  Authorized Practitioner Account shall cooperate with Physician’s Strength with respect to any Product tracking systems implemented by Physician’s Strength.
  4.      Product Packaging and Display.  Authorized Practitioner Account shall sell Products in its original packaging.  Relabeling, repackaging, or any other changes to Products or their packaging are not allowed.  Tampering with or otherwise changing any UPC code, batch or lot code, or other identifying information on Products or their packaging is prohibited.  Authorized Practitioner Account may not remove, translate, or modify the contents of any label or literature on or accompanying the Products.  Authorized Practitioner Account shall not advertise, market, or display non-Physician’s Strength products together with the Products in a manner that would create the impression that the non-Physician’s Strength products are made by, endorsed by, or associated with Physician’s Strength.
  5.       Product Knowledge and Customer Consultation.  Authorized Practitioner Account agrees to professionally promote the Products and obtain sufficient knowledge regarding each Product kept in inventory to advise its patients on the selection and safe use of the Products.  Authorized Practitioner Account shall evaluate and consider the nutritional needs of each customer when providing such advice.  Authorized Practitioner Account must be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly.  Authorized Practitioner Account shall report to Physician’s Strength any customer complaint or adverse claim regarding the Products of which it becomes aware.  Authorized Practitioner Account shall assist Physician’s Strength in investigating any such complaints or adverse claims.
  1. Intellectual Property. Authorized Practitioner Account is granted a limited, non-exclusive, non-transferable, revocable license to use the Physician’s Strength brands, names, logos, trademarks, service marks, copyrights, and other intellectual property associated with the Products (the “Physician’s Strength IP”) solely for the purposes of marketing and selling the Products.  This license will cease upon termination of Authorized Practitioner Account’s status.  Physician’s Strength reserves the right to approve, in its sole discretion, Authorized Practitioner Account’s use of the Physician’s Strength IP at any time.  Authorized Practitioner Account acknowledges that it owns no right, title, or interest in any of the Physician’s Strength IP except as granted herein.
  2.     Miscellaneous.  Physician’s Strength reserves the right to audit Authorized Practitioner Account’s activities for compliance with this Resale Policy, including, but not limited to, inspection of Authorized Practitioner Account’s facilities and records concerning the Products.  If Authorized Practitioner Account breaches any provision of this Resale Policy, it is agreed and understood that Physician’s Strength will have no adequate remedy in money or other damages at law; accordingly, Physician’s Strength shall be entitled to injunctive relief and other equitable remedies, provided, however, no specification in this Resale Policy of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Resale Policy.  No failure, refusal, neglect, delay, waiver, forbearance, or omission by Physician’s Strength to exercise any right(s) herein or to insist upon full compliance by Authorized Practitioner Account with Authorized Practitioner Account’s obligations herein shall constitute a waiver of any provision herein or otherwise limit Physician’s Strength’ right to fully enforce any or all provisions and parts thereof.  If any provision of the Resale Policy is held contrary to law, the remaining provisions shall remain valid.  The Resale Policy and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois, without regard to its choice of law rules.  In the event of a dispute over the terms of, or performance under, the Resale Policy, Authorized Practitioner Account expressly submits to personal jurisdiction and venue in the federal or state courts located in Lake County, Illinois.

    5.         MAP Policy. Physician’s Strength has a unilateral Minimum Advertised Price Policy (“MAP Policy”) that applies to all authorized resellers of. This Section is to inform Authorized Practitioner Account of the MAP Policy. Copies of the most current Physician’s Strength MAP Policy are available at www.physicians-strength.com/MAP or by calling 800-473-8460.