ONLINE MARKETPLACE POLICY    

                                                                                                             Effective as of Sep 3, 2020

Hurtta Online Marketplace Policy

To ensure that Hurtta’s consumers continue to receive a quality sales experience and outstanding customer support, the “Online Marketplace Policy” is designed to eliminate the reselling of Hurtta's Products on Amazon and other online marketplace websites by its retail dealers and other unauthorized parties, including those who may purchase Hurtta's Products from a source other than Hurtta North America.  This Online Marketplace Policy will provide a more stable presence online for the Hurtta brand and ensure consumers receive the level of service expected.

Under this Online Marketplace Policy, Dealer may not advertise or offer Hurtta's Products for sale, directly, indirectly or by referral in any manner, on or through any third-party retail website, online marketplace, drop ship or auction site, or any comparable website or mobile app, or on or through any marketing website affiliated with any such site, except to the extent Dealer receives an express written authorization for such activity from Hurtta North America in advance.  Examples of online marketplaces include amazon.comeBay.com and jet.com, among others.  The activity prohibited by this Online Marketplace Policy is referred to herein as Marketplace Reselling.  Dealer understands that this Online Marketplace Policy applies to Marketplace Reselling by Dealer without regard to Dealer’s source for Hurtta Products.  Dealer also understands that the Online Marketplace Policy applies to Marketplace Reselling by or for the benefit of Dealer under any trade name or d/b/a used directly or indirectly by Dealer or any affiliate or associate of Dealer (without regard to whether Hurtta has notice of such trade name usage).  The Online Marketplace Policy does not restrict Dealer in any way from advertising or offering Hurtta Products for sale directly on Dealer’s own proprietary ecommerce site/through any other channel of distribution.

If Hurtta determines in its sole discretion that a Dealer has violated this Online Marketplace Policy and so notifies the Dealer, then in order to comply with this Online Marketplace Policy, Dealer must promptly remove all offers for Hurtta's Products from any website as referenced above and cease any Marketplace Reselling [within two business days of the date of notice from [Company]] or [in a timely manner].  If applicable, at its own cost Dealer must retrieve inventory of Hurtta Products placed on consignment with an online marketplace and available for Marketplace Reselling.  In addition, Hurtta may also immediately and without notice (i) deny [for a period of up to 90 days] any promotional allowances which Dealer would otherwise have been eligible for and/or (ii) take such actions as are necessary to suspend Dealer’s supply of Hurtta products, including, without limitation, refusing to accept orders from Dealer for a specified period of time.  Hurtta also may terminate its commercial relationship, whether direct or indirect, with any Dealer who repeatedly violates the terms of the Online Marketplace Policy, if Hurtta believes its relationship with Dealer may no longer be in the best interest, subject to such advance notice as Hurtta may provide, in its sole discretion, on a case by case basis.  

The Online Marketplace Policy is a unilateral policy of Hurtta and is not a part of or incorporated into any agreement or specific commercial arrangement that Hurtta may have with any distributor, dealer, or retailer.  The Online Marketplace Policy applies to any Dealer who purchases and resells Hurtta Products in the United States and its territories, or in Canada; provided that the Online Marketplace Policy will not apply in any jurisdiction to the extent applicable law expressly limits policies such as the Online Marketplace Policy or related policies.

The Online Marketplace Policy is confidential and Dealers should not disclose its terms to any other person or entity.

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All rights reserved.