XYMOGEN SOUTH AFRICA’S TERMS AND CONDITIONS AND INTERNET OR ELECTRONIC SALES POLICY
(INTERNET ELECTRONIC SALES POLICY)22/05/2020
As valuable consideration for XYMOGEN SOUTH AFRICA’S agreement to supply products to Customer/Stockist (as the terms “Products” and “Customer” are defined in the Parties’ Customer Protection Agreement), Customer acknowledges and agrees as follows:
- Xymogen® products are sold to REGISTERED MEDICAL PRACTITIONERS ONLY
- CUSTOMER SHALL NOT RESELL, SELL, MAKE ANY REFERENCE TO PRICES/PRICING OR DISTRIBUTE ANY OF THE PRODUCTS USING THE INTERNET, ANY INTERNET SITE OR ANY OTHER ELECTRONIC MEDIUM OR DEVICE WITHOUT XYMOGEN’S PRIOR WRITTEN APPROVAL and Must be member logging and/or password protected.
- The term “Internet Site” shall include, but is not limited to, any World Wide Web Site, USENET, Newsgroup, Bulletin Board, Social Media such as Facebook, Twitter, WhatsApp, Instagram or any other similar service or other online services at any electronic domain name, address or location, or any other form of online service or other forms of electronic commerce whatsoever.
- CUSTOMER MAY REFER TO XYMOGEN AND THE PRODUCTS ON IT’S INTERNET SITE AND MAY INCLUDE A LINK TO XYMOGEN’S WEBSITE; HOWEVER, CUSTOMER MAY INCLUDE SUCH REFERENCE AND/OR LINK ONLY WITH XYMOGEN’S PRIOR WRITTEN APPROVAL.
- CUSTOMER SHALL NOT IDENTIFY, LIST OR POST ANY PRODUCT PRICES ON THE INTERNET WITHOUT XYMOGEN’S PRIOR WRITTEN APPROVAL, unless member logging and/or password protected.
- No unauthorized third-party e-commerce sales will be permitted (i.e. WantItAll.co.za, Pc Link Shop, Import It All, Ubuy South Africa, thebeautyplace.com Ebay, Overstock, Gumtree, takelot, etc.).
- XYMOGEN SOUTH AFRICA and TFABI reserves the exclusive rights to suspend and/or terminate partnership if unauthorized third-party e-commerce sales are exposed.
- Use of XYMOGEN SOUTH AFRICA Intellectual Property (i.e., trademarks, logos, images, photos, documents, and layouts) is subject to prior written approval. The Intellectual Property Usage Application must be completed and submitted for consideration.
- Approved use of Intellectual Property is limited to the domain of the approved partner.
- Products must be advertised at the suggested retail price only.
- Discounts, Promotions and Shipping incentives offered by a partner website are at the sole discretion of the partner, subject to prior written approval on a case by case basis.
- Xymogen ® products may only be sold and shipped to customers within the South Africa.
CUSTOMER SHALL NOT PUBLICLY ADVERTISE THE PRODUCTS USING:
- The Internet (e.g. Banner or other advertisements)
- Any other electronic medium
- Any print medium
(WITHOUT XYMOGEN’S PRIOR WRITTEN APPROVAL unless member logging and/or password protected.)
- CUSTOMER SHALL NOT PURCHASE “XYMOGEN” OR THE NAME OF ANY OF THE PRODUCTS AS GOOGLE ADWORDS
- IF XYMOGEN AUTHORISES THE CUSTOMER TO REFER TO XYMOGEN AND/OR THE PRODUCTS ON IT’S INTERNET SITE, CUSTOMER SHALL INCLUDE THE FOLLOWING DISCLAIMER WHEREVER XYMOGEN PRODUCTS ARE DISPLAYED.
XYMOGEN’S Exclusive Professional Formulas are available through select licensed health care professionals. The internet sale and discounting of XYMOGEN formulas are strictly prohibited. (Yourdomainname.com) makes XYMOGEN formulas available only to patients of our clinic. If you are a patient of (Your clinic name here), you may inquire about XYMOGEN by calling. (Your Clinic Nr)
XYMOGEN AUTHORISES CUSTOMER TO LIST PRODUCT and/or PRICES ONLINE,
only if PRICES are:
- PASSWORD PROTECTED
- AVAILABLE TO PATIENTS OR CUSTOMERS THROUGH THE USE of a PASSWORD.
ACCESS TO THE PRICING INFORMATION MUST BE LIMITED TO A CUSTOMER AND CUSTOMER’S PATIENTS ONLY.
- CUSTOMER AGREES THAT THE GENERAL PUBLIC CANNOT PLACE AN ORDER FOR XYMOGEN PRODUCTS THROUGH CUSTOMER’S WEBSITE. ANY PATIENT SEEKING TO PURCHASE XYMOGEN PRODUCT ONLINE MUST BE REFERRED BACK TO THE CUSTOMER BY THE DISPLAY OF THE ABOVE DISCLAIMER.
- The approvals referenced above may be withdrawn, rescinded, and/or revoked by XYMOGEN at any time for any reason at all at XYMOGEN’S exclusive and unfettered discretion.
Customers failure to comply with the aforementioned items regarding this Policy will result in, among other things, the immediate termination of the Parties’ Customer Protection Agreement, and will subject the customer to all damages, costs, and fees available to XYMOGEN under the Customer Protection Agreement and South African Law.
If an unauthorized website or Stockist is advertising Xymogen products below the suggested retail price, please contact firstname.lastname@example.org immediately and submit a “Report of Unauthorized Internet Sales”.