By singing up a Monster Armor wholesaler the following wholesale agreement:
1. Wholesale Eligibility
Wholesale pricing is available only to approved businesses purchasing products for resale. Monster Armor reserves the right to approve, deny, suspend, or terminate wholesale accounts at its sole discretion.
2. Ordering
Monster Armor reserves the right to modify or discontinue wholesale pricing, quantity discounts, dealer discount tiers, promotional pricing, minimum order requirements, and any other pricing incentives at any time without prior notice. Such changes shall apply to future orders only and shall not affect orders that have already been accepted by Monster Armor.
3. Payment Terms
Unless otherwise approved in writing:
- Payment is required before shipment.
- Accepted payment methods are those offered during checkout or invoicing.
- Orders will not ship until payment has been received.
4. Pricing Policy
To protect the Monster Armor brand and maintain a fair marketplace for all authorized dealers:
- Dealer agrees not to advertise Monster Armor products below the current Manufacturer's Suggested Retail Price (MSRP) or any applicable Minimum Advertised Price (MAP). MAP is equal to MSRP (currently published retail price).
- Wholesale pricing is confidential and may not be disclosed or shared.
- Monster Armor reserves the right to modify retail pricing, MSRP, MAP, and wholesale pricing at any time.
- Promotional pricing must receive prior written approval from Monster Armor.
- Violation of this policy may result in suspension or termination of wholesale privileges.
5. Online Marketplace Policy
Authorized sales through Dealer's own retail website, physical retail locations, and Whatnot channels are currently permitted unless otherwise agreed.
Unless expressly authorized in writing by Monster Armor, Dealer may not sell Monster Armor products on Amazon, Walmart Marketplace, eBay, Etsy, Temu, AliExpress, or any other third-party online marketplace designated by Monster Armor.
Monster Armor reserves the right to modify, expand, reduce, or otherwise revise the list of restricted or authorized online marketplaces at any time, with or without prior notice. Dealer agrees to comply with the most current Online Marketplace Policy as established by Monster Armor.
No Exclusive Territory
Dealer acknowledges and agrees that approval as an authorized Monster Armor wholesale dealer does not grant any exclusive territory, geographic area, customer base, sales channel, or exclusive rights to sell Monster Armor products.
Monster Armor reserves the unrestricted right to appoint additional wholesale dealers, distributors, retailers, online sellers, and other sales partners in any location or market at its sole discretion.
Nothing in this Agreement shall be construed as granting Dealer any exclusive distribution rights or limiting Monster Armor's ability to market, advertise, sell, or distribute its products directly or through other authorized sales channels.
6. Product Representation
Dealer agrees to:
- Accurately represent Monster Armor products.
- Use current product descriptions, specifications, and images.
- Not alter branding, trademarks, logos, or packaging without written permission.
- Avoid misleading advertising or false product claims.
7. Intellectual Property
All Monster Armor trademarks, trade names, logos, product names, product designs, photographs, videos, graphics, written content, and other intellectual property remain the exclusive property of Monster Armor.
Dealer is granted a limited, non-exclusive, revocable license to use approved Monster Armor intellectual property solely for the purpose of marketing and selling authorized Monster Armor products while maintaining an active wholesale account.
Dealer may not modify, reproduce, distribute, or otherwise use Monster Armor intellectual property in any manner that has not been expressly authorized in writing by Monster Armor.
Upon written notice from Monster Armor, Dealer agrees to promptly discontinue the use of any specified trademarks, logos, images, product descriptions, marketing materials, or other intellectual property, and to remove such materials from its website, online listings, social media accounts, advertising, and other promotional channels within ten (10) business days, unless a different timeframe is specified in the notice.
Upon termination of this Agreement or Dealer's wholesale account, all rights to use Monster Armor intellectual property immediately cease, and Dealer agrees to remove all Monster Armor intellectual property from public-facing marketing materials and online listings within ten (10) business days, except as otherwise required to complete any authorized liquidation period approved in writing by Monster Armor.
8. Order Fulfillment
Shipping estimates are approximate and are not guaranteed.
Monster Armor is not responsible for delays caused by:
- Shipping carriers
- Weather
- Supply chain disruptions
- Events beyond our reasonable control
Risk of loss transfers to Dealer upon delivery to the shipping carrier, unless otherwise required by applicable law.
9. Returns
All wholesale sales are final.
Monster Armor does not accept returns, exchanges, or cancellations for wholesale orders due to overstock, change of mind, ordering errors, or other non-defective reasons.
Dealers are responsible for reviewing all product details and quantities prior to placing an order.
If a shipment arrives damaged or a product is believed to have a manufacturing defect, Dealer must notify Monster Armor in writing within five (3) business days of delivery and provide photographs or other documentation reasonably requested for evaluation.
If Monster Armor determines that a product is defective or was damaged prior to delivery to the carrier, Monster Armor may, at its sole discretion, repair, replace, or issue a credit for the affected product. No returns may be made without prior written authorization from Monster Armor.
10. Warranty Claims
Monster Armor makes no warranties or guarantees, express or implied, regarding its products.
To the fullest extent permitted by law, Monster Armor expressly disclaims all implied warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Dealer acknowledges that it is responsible for determining whether Monster Armor products are suitable for its intended use and agrees not to make any warranty or representation on behalf of Monster Armor that has not been expressly authorized in writing.
Monster Armor shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from the purchase, resale, or use of its products.
11. Compliance
Dealer agrees to comply with all applicable federal, state, and local laws relating to the sale, marketing, import, export, taxation, and distribution of Monster Armor products.
12. Account Suspension or Termination
Monster Armor may suspend or terminate a wholesale account immediately for reasons including, but not limited to:
- Unauthorized pricing
- Misrepresentation of products
- Unauthorized marketplace sales
- Trademark misuse
- Fraudulent activity
- Failure to comply with this Agreement
Termination does not relieve Dealer of payment obligations for previously purchased products.
13. Limitation of Liability
To the fullest extent permitted by law, Monster Armor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of this Agreement or the use or resale of its products.
14. Governing Law
This Agreement shall be governed by the laws of the State of New Hampshire, without regard to its conflict of law principles.
15. Changes To This Agreement
Monster Armor reserves the right to modify, update, or revise this Agreement, its wholesale policies, pricing, product offerings, and other business terms at any time, with or without prior notice.
The most current version of this Agreement shall govern all future orders placed after any such modification. Dealer's continued purchase of Monster Armor products following any modification constitutes acceptance of the revised terms.
It is the Dealer's responsibility to review the current Wholesale Dealer Agreement and related policies prior to placing an order.
16. Website Terms & Privacy Policy
Dealer acknowledges that by applying for, maintaining, or using a Monster Armor wholesale account, Dealer has read and agrees to be bound by Monster Armor's current Terms & Conditions and Privacy Policy, as they may be updated from time to time.
The Terms & Conditions and Privacy Policy are incorporated into this Agreement by reference and form an integral part of this Agreement. In the event of a conflict between this Wholesale Dealer Agreement and the Terms & Conditions, the provisions of this Wholesale Dealer Agreement shall control with respect to wholesale purchases and dealer relationships.
Dealer's continued use of its wholesale account or placement of orders following any updates to these policies constitutes acceptance of the revised policies.