These WellnessRow Sales Account Terms and Conditions (“Terms”) apply to all applicants and approved sales accounts seeking to purchase, market, advertise, offer for sale, or resell products made available through the WellnessRow platform. WellnessRow is a platform operated by WYNNPHARM Inc. By submitting an application, opening an approved sales account, purchasing products through an approved account, selling products made available through WellnessRow, or ordering products on behalf of a company through an approved account, the applicant, account holder, purchaser, and any authorized user acting on behalf of such business (collectively, “Applicant” or “Seller”) agree to comply with these Terms, together with any applicable WYNNPHARM Inc. Authorized Reseller Policy, brand-specific requirements, and Minimum Advertised Price (“MAP”) policies.
1. Application Information and Business Status
Applicant represents and warrants that all information submitted in connection with the application is true, accurate, and complete. Applicant further certifies that it is a duly registered and legally authorized business in good standing and that any reseller certificate, tax exemption certificate, business license, EIN, DUNS information, or other supporting documentation submitted is valid, accurate, current, and lawfully issued to Applicant’s business. WellnessRow and/or WYNNPHARM Inc. reserve the right to deny approval, suspend review, revoke approval, or terminate an account based on incomplete, inaccurate, misleading, expired, or fraudulent information.
2. Authority to Act on Behalf of Business
Any individual submitting an application, accessing an approved account, or placing orders through a sales account represents and warrants that such individual is authorized to act for and bind the business on whose behalf the account is opened or used. The business shall be responsible for all acts, omissions, purchases, and communications made by its owners, employees, agents, representatives, or other users acting through or on behalf of its account.
3. Submission Does Not Constitute Approval
Submission of an application does not guarantee approval and does not authorize Applicant to purchase, market, advertise, offer for sale, or sell any products available through WellnessRow. Authorization is granted only upon approval by WYNNPHARM Inc., and such approval may be withheld, limited, conditioned, or revoked at any time in its sole discretion.
4. Approved Sales Channels Only
If approved, Seller may market and sell products only through those websites, stores, marketplaces, customer types, and sales channels expressly approved in writing. Selling through unauthorized channels, platforms, websites, marketplaces, or locations is prohibited without prior notice. WellnessRow and/or WYNNPHARM Inc. reserve the right to restrict, modify, or revoke approved channels at any time upon notice.
5. Compliance with Reseller and MAP Policies
Seller agrees to comply with these Terms, all applicable WYNNPHARM Inc. Authorized Reseller Policies, and all brand-specific MAP policies and channel requirements. Seller acknowledges that MAP requirements may vary by brand and by channel and may be enforced more strictly in online marketplaces and other digital channels. Seller is responsible for promptly correcting pricing discrepancies, unauthorized listings, and other policy violations.
6. Tax Certificates and Sales Tax Responsibility
Seller acknowledges that any reseller certificate, tax exemption certificate, or similar documentation submitted or not submitted may be relied upon by WellnessRow and/or WYNNPHARM Inc. to waive sales tax where permitted by law. Seller represents that such documentation is valid and applicable to purchases made under the sales account. Seller remains solely responsible for any sales tax, use tax, penalties, interest, assessments, or other liabilities resulting from invalid, inaccurate, not submitted, expired, incomplete, or improper resale or tax exemption documentation or use.
7. Operation of Approved Sales Channels
Seller shall ensure that each approved sales channel operates in compliance with all applicable laws, rules, and regulations, including those relating to privacy, accessibility, consumer protection, and data security. Seller shall prominently display its legal business name and appropriate contact information on websites and other approved sales channels where applicable. At the request of WellnessRow and/or WYNNPHARM Inc., Seller shall provide information regarding all points of sale and cooperate in reviews of channel compliance.
8. Fulfillment, Customer Service, Returns, and Taxes
Unless otherwise expressly agreed in writing, Seller is solely responsible for fulfillment, customer service, returns handling, marketplace compliance, and all taxes and fees associated with its sales activities. Seller shall not make any representations regarding return rights, warranties, or policies that conflict with the policies communicated by WellnessRow and/or WYNNPHARM Inc.
9. Final Sale; No Refunds
All purchases made through an approved WellnessRow sales account are final. No refunds, credits, returns, or buybacks will be offered or accepted by WellnessRow or WYNNPHARM Inc. for purchased products, including unsold inventory, except where otherwise expressly agreed in writing by WYNNPHARM Inc. or where required by applicable law. Seller acknowledges and agrees that all sales are final.
10. Intellectual Property
Any authorization to use product names, trademarks, logos, images, marketing materials, or other intellectual property made available through WellnessRow or owned by WYNNPHARM Inc. or its brand partners is limited, non-exclusive, revocable, and solely for approved marketing and sales activities in authorized channels. All intellectual property rights remain the sole property of their respective owners. Seller shall not alter, misuse, or register any confusingly similar names, marks, or branding.
11. Enforcement and Termination
WellnessRow and/or WYNNPHARM Inc. may suspend, restrict, or terminate any application, approval, or sales account at any time for violations of these Terms, any reseller policy, any MAP policy, channel restrictions, suspected fraud, misuse of tax documentation, inaccurate application information, or any other conduct deemed harmful to the platform, brand, or business. Upon termination or revocation of approval, Seller must immediately cease marketing and sales in the affected channels and discontinue use of all related intellectual property and marketing materials.
12. No Waiver; Amendments
Failure to enforce any provision of these Terms shall not constitute a waiver. WellnessRow and/or WYNNPHARM Inc. may update or amend these Terms, related reseller policies, and related program requirements from time to time. Continued participation in the program or continued purchasing after notice of updated terms constitutes acceptance of the revised terms.
13. Indemnification
Seller agrees to indemnify, defend, and hold harmless WellnessRow, the brands WYNNPHARM Inc., and their, affiliates, officers, directors, employees, agents, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to Seller’s breach of these Terms, misuse of tax exemption or resale documentation, unauthorized sales activity, marketplace violations, regulatory violations, or other misconduct.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
15. Entire Agreement
These Terms, together with any applicable WYNNPHARM Inc. Authorized Reseller Policy, approval communications, and applicable MAP policies, constitute the complete agreement governing Applicant’s or Seller’s participation in the WellnessRow sales account program and supersede prior discussions or understandings relating to the same subject matter.