Reseller Policy

Authorized Resale & Quality Policy

By purchasing KIBITZ GAMING’s services for resale, you agree to adhere to this Reseller Policy

To ensure KIBITZ GAMING authorized resellers (“Resellers”) can sustain healthy margins and ensure that KIBITZ GAMING’s end-users are being provided a quality sales experience and customer support, KIBITZ GAMING has announced this Reseller Policy (the “Reseller Policy”). KIBITZ GAMING believes that its end-user customers are best served by having resellers who market KIBITZ GAMING’s Services as premium brand products and who provide an outstanding level of service and support to their end-user customers.

KIBITZ GAMING hereby adopts this Resale & Quality Policy (this “Policy”) and requires that each person, firm, or entity (as applicable, a “Reseller”) that purchases its services (the “Services”) for resale or other distribution agree to comply with this Policy. Accordingly, the terms of this Policy are incorporated into and are in addition to any contract entered into between KIBITZ GAMING and Reseller concerning Reseller’s purchase or sale of the Services.

1. Sales to End Users Only.

Unless otherwise agreed with KIBITZ GAMING in writing, Reseller may only purchase Services for resale to consumers and end-user customers and Reseller may not resell Services to providers or for further distribution in any manner.

2. Internet Sales Prohibited.

Reseller shall be prohibited from selling Tile Products on the Internet unless it applies, is approved by Tile, and executes an Authorized Internet Reseller Agreement or other similar agreement regulating how it sells online.

3. Sales Restricted to Territory.

If Reseller purchases Services under a contract that obligates Reseller to resell the Services in a geographic territory, Reseller must comply with that obligation.

4. Intellectual Property.

The unauthorized use of the intellectual property of our Services is prohibited. Resellers that comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use Tile’s trademarks and copyrights in connection with the sale of the Products. Reseller shall not alter, modify, or change any trademark or copyright, nor shall Reseller use any trademark or copyright other than for the promotion and sale of the Services, nor shall Reseller use any trademark or copyright in any manner that negatively impacts such trademark or copyright. Failure to comply with the Policy will result in the automatic revocation of the license granted herein and total forfeiture of the rights granted herein. KIBITZ GAMING reserves the right to revoke this license at any time for any or no reason;

5. Service Inspection.

KIBITZ GAMING will promptly inspect all Services upon completion and promptly return by the terms of sale any Services that appear incomplete or unsatisfactory upon inspection.

6. Sales Practices.

Reseller shall conduct its business reasonably and ethically at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time nor make any warranties or representations concerning the Services except as expressly authorized by KIBITZ GAMING. Reseller shall comply with any applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the services.

7. Customer Service Level.

Resellers shall provide the highest levels of customer service. Reseller and Reseller’s sales personnel shall be familiar with the special features of all KIBITZ GAMING’s Services marketed for sale and must obtain sufficient product knowledge to advise customers on the selection and safe use of the services, as well as any applicable warranty, guarantee, or return policy.

8. Customer Service channels.

The reseller will maintain customer service phone and email response functions as required by the Original Agreement to handle customer complaints, returns, and other customer service functions. At KIBITZ GAMING’s request, Reseller will provide any reports or other information requested by KIBITZ GAMING, concerning a particular Service to determine the date or Reseller’s purchase of the Service, the location where the Service was acquired, and the dates on which the Service was sold or performed by Reseller to a purchaser.

9. Consumer Safety and Service cancellation.

The reseller will cooperate with KIBITZ GAMING in connection with any investigation of consumer safety claims or any evaluation of service cancellation. To ensure the safety and well-being of the end-users of the Services, Reseller agrees to cooperate with KIBITZ GAMING concerning any Service cancellation or other consumer safety information dissemination efforts.

10. Service failure.

If any significant quantity of Services purchased by Reseller fails, Reseller will promptly report such event to KIBITZ GAMING.

11. Report Unauthorized Resellers.

If Reseller has information, or reasonably suspects, that any person is purchasing and reselling or distributing Services in a manner not authorized by KIBITZ GAMING, Reseller must promptly notify KIBITZ GAMING.

12. Other Information, Documents, and Reports.

Reseller must provide KIBITZ GAMING with any supplemental information, documents, and reports that KIBITZ GAMING may request to validate Reseller’s compliance with this Policy and to support KIBITZ GAMING’s warranty support and customer support obligations and initiatives.

13. Unilateral policy changes

KIBITZ GAMING’s sales personnel have no authority to modify or grant exceptions to this Unilateral Policy. All questions regarding interpretation of this Policy should be directed to the Reseller Policy Committee at info@kibitzgaming.com.

14. Termination and liability due to policy violation

If KIBITZ GAMING determines that Reseller violates this Reseller Policy, it may take any appropriate legal actions, including, but not limited to refusing to, accept orders from Reseller or instructing its distributors to refuse to accept orders from Reseller.

15. Policy modification and changes

KIBITZ GAMING reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise provided, such amendments will take effect immediately and Reseller’s continued use, advertising, offering for sale, or sale of the Products will be deemed Reseller’s acceptance of the amendments.