Wholesale Agreement

1. Agreement Overview

This Wholesale Agreement ("Agreement") establishes the terms and conditions under which Popdarts LLC agrees to sell and the Retailer agrees to purchase Popdarts products for resale. By placing an order with Popdarts, the Retailer agrees to the terms set forth herein.

2. Wholesale Pricing & Minimum Order Requirements

2.1 Pricing: Wholesale pricing is provided upon approval and is subject to change at Popdarts’ discretion.
2.2 Minimum Order: The minimum order quantity is one (1) case pack. Reorders also require a minimum purchase of one (1) case pack.

3. Payment Terms

3.1 Payment Methods: Payment is due at the time of order unless otherwise agreed upon. Acceptable payment methods include credit card, PayPal, ACH, or wire transfer.
3.2 Custom Orders: Net payment terms may be considered only for high-volume custom orders and will be discussed with the retailer on a case-by-case basis.

4. Order Fulfillment & Shipping

4.1 Processing Time: Orders typically ship within 3-5 business days.
4.2 Shipping Costs: Retailers qualify for Free Freight Allowance (FFA) on orders over $500. Orders below this threshold are subject to standard shipping charges.
4.3 Backorders & Pre-Orders: Popdarts allows backorders and pre-orders, with shipping timelines communicated in advance.
4.4 Damage & Loss: Popdarts is not responsible for lost or damaged shipments. Any claims must be filed with the carrier.

5. Resale Terms & Brand Representation

5.1 Authorized Sales Channels: Retailer may sell Popdarts products in physical stores, e-commerce sites, and approved third-party platforms. Selling on Amazon, eBay, or other marketplaces without prior written approval is strictly prohibited.
5.2 MAP Policy: Retailer agrees to comply with Popdarts’ Minimum Advertised Price (MAP) policy, which sets a minimum sale price to maintain brand integrity.
5.3 Branding: Retailer may not modify, alter, or rebrand Popdarts products or packaging in any way.

6. Returns & Exchanges

6.1 Defective Products: Retailer must notify Popdarts within 30 days of receipt for defective products to qualify for a replacement or credit.
6.2 Non-Defective Returns: Wholesale orders are final sale. Returns of non-defective items are not accepted.

7. Termination

7.1 Termination by Either Party: Either party may terminate this Agreement with 30 days' written notice.
7.2 Termination for Breach: Popdarts reserves the right to terminate this Agreement immediately if Retailer violates any terms, including unauthorized sales channels or MAP violations.

8. Liability & Indemnification

8.1 Liability Limitation: Popdarts is not liable for any indirect, incidental, or consequential damages resulting from the sale or use of its products.
8.2 Indemnification: Retailer agrees to indemnify and hold harmless Popdarts from any claims, liabilities, or damages arising from Retailer's sale or misuse of products.

9. Governing Law & Dispute Resolution

9.1 Jurisdiction: This Agreement is governed by the laws of the State of South Carolina.
9.2 Dispute Resolution: Any disputes shall be resolved through arbitration in Charleston, SC, with both parties agreeing to binding arbitration.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings. Any modifications must be in writing and signed by both parties.

By placing a wholesale order with Popdarts, the Retailer agrees to the terms outlined in this Agreement.

For any questions, please contact:
📧 Email: wholesale@popdartsgame.com