Payment Options and Terms and Conditions
Ordering
Orders can be placed via email at wholesale@ethanaturals.com or by phone at 800-862-0341. Resellers/Bulk Buyers and White Labelers must be approved prior to ordering. Contact ETHA for details on how to become an approved Reseller, Bulk Buyer or White Labeler. ETHA does not accept backorders.
Minimum order amounts:
-
Wholesale: $300.00
- Bulk: $2,000.00
-
White/Private Label: $5,000.00
Zelle
Scan in your banking app to pay: ETHOS NATURAL MEDICINE LLC
xxx-xxx-8798
Bank Wire
- CHASE BANK 270 Park Avenue, 43rd floor New York, NY 10017
- Phone Number: 718-242-0144
- Acct # 661867801
- Routing number 021000021
- Swift forForeign Wires: CHASUS33
- Account # 661867801
- Reference : ETHOS NATURAL MEDICINE, LLC
ACH
- CHASE BANK 270 Park Avenue, 43rd floor New York, NY 10017
- Phone Number: 718-242-0144
- Acct # 661867801
- Routing #322271627
- Reference : ETHOS NATURAL MEDICINE, LLC
Check
- Made out to “ETHA Natural Botanicals”
- Make a clear photo all 4 corners of the front & back of the check
- Email to: wholesale@ethaglobal.com
Credit Card
- please request a Credit Card Authorization form from your sales representative
or send an email request to: wholesale@ethaglobal.com - ***Please note all Credit Card transactions are subject to a 4.2% credit card fee.
----------------------------------------------------------------------------------------------------
RESELLER Terms & Conditions (T&C)
Payment
Payment accepted via Zelle, wire transfer, check, Visa, and MasterCard. Contact us for information regarding credit terms. A late payment fee of 2% per week will apply to overdue balances. All credit card payments are subject to a 4.2% processing fee.
Processing and Shipping
Please allow 1-3 business days for processing invoice in addition to transit time for all orders. Transit Times will vary depending on final destination of the Reseller. Please note, for international orders, customs clearance may add additional processing time. Customs clearance is on a case-by-case basis depending on products and location delivery. Standard customs processing is estimated at about 5-8 additional business days, but may be longer or shorter depending on products and final destination. Shipping Costs are NOT included in the cost of products. Reseller may choose to provide its own shipping method (i.e. freight pick-up). Reseller will arrange for its OWN pick-up/delivery and provide ETHA with the relevant information. Reseller shall be responsible for any additional costs and fees, such as customs fees, country or customs taxes, etc.
Minimum Advertised Price (MAP) & Intellectual Property
The Minimum Advertised Price ("MAP") shall not be more than 25% off the MSRP for each respective ETHA product on the latest published price list. The MAP Policy established by ETHA may be adjusted by ETHA at any time at its sole discretion. The ETHA MAP Policy applies to all line listings and online advertisements of ETHA products. ETHA has the right to enforce our MAP Policy as necessary to maintain the integrity of our brand. Actions may include interruption of service and/or suspension of sale. Intellectual Property (IP): Reseller shall NOT use ETHA’s trademarks, trade names, logos, or copyrighted materials without prior written consent, except as expressly permitted for marketing ETHA products. ETHA retains all intellectual property rights.
Additional Cost and Services
In the event any additional costs are required to fulfill order and/or in the event additional services are required to be completed by ETHA to fulfill order, ETHA shall move forward with such costs and/or services (after giving notice to Reseller) and shall invoice Reseller for any such additional costs and services. If Reseller explicitly denies such additional costs and services then ETHA cannot fulfill the order in full and shall void the invoice or perform the invoice only to the extent ETHA can do so without the additional costs and services.
Returns and Refunds
Once an invoice is finalized and approved it shall be treated as a legal binding contract between ETHA and Reseller and subject to good faith performance by both. Any issues/discrepancies that may arise, may be resolved by ETHA and Reseller.
All returns and requests for credits must be authorized by ETHA. Reseller to initiate the return process by e-mailing wholesale@ethanaturals.com, calling 800-862-0341, or by contacting your ETHA sales representative.
Reseller returns must be initiated within 60 days after order shipped by ETHA and could be subject to a 25% restocking fee. A complete list of items, including item or ETHA SKU numbers, quantities for each item must be provided at the time of request. An ETHA authorized return is conditional until all products are returned and received by ETHA and ETHA has had a chance to inspect, validate the authenticity of the returned products, only then will the return be a final approved return by ETHA and credit, if any, accorded to Reseller. [Authorized items must be in resalable condition (no price markings or stickers, no damage to label or packaging ) to receive credit.] [Any non-authorized item found in the return will NOT receive credit. Products returned in unsellable condition will be deducted from the final credit. Reseller will be notified of any changes to the authorized credit.]
Customer returns must be submitted by Reseller that sold the customer the purchased items. A complete list of items, with items or SKU numbers, and quantity for each item must be provided at the time of request. For adverse reaction (AER), Reseller please collect customer contact information and provide along with the credit request.
Defective products can be returned for credit provided a complete list of items with item or ETHA SKU numbers, and quantity for each item are provided at the time of request. Please provide pictures if possible of any damaged shipping materials, bags or boxes.
Any customer requested Reseller approved returns could be subject to a Restocking fee of 10%.
ETHA reserves the right to deny returns or credits that do not comply with this policy.
Confidentiality
Resellers agree to keep all non-public information provided by ETHA, including pricing, product formulations, business strategies, and customer data, strictly confidential. Such information may not be disclosed to any third party without prior written consent from ETHA. This obligation shall survive the termination of the reseller relationship.
Reseller Responsibility
Resellers agree to represent ETHA products accurately, comply with all applicable laws (including the Kratom Consumer Protection Act), and maintain accurate records of sales and customers to support potential adverse event reporting or product recalls.
Intellectual Property (IP)
Resellers may not use ETHA’s trademarks, trade names, logos, or copyrighted materials without prior written consent, except as expressly permitted for marketing approved ETHA products. ETHA retains all intellectual property rights.
Force Majeure
If performance under this invoice, or any obligation hereunder, is prevented, restricted, or interfered with by causes beyond ETHA’s reasonable control ("Force Majeure"), and ETHA provides the Reseller with prompt written notice of such event, ETHA’s obligations shall be suspended to the extent necessary due to such event.
Force Majeure includes, but is not limited to: acts of God; fire; explosion; vandalism; storm; earthquake; or similar natural events; acts or orders of military or civil authorities; national emergencies; insurrections; riots; wars; strikes; lockouts; work stoppages; labor disputes; or supplier failures.
ETHA shall use commercially reasonable efforts to mitigate or remove such causes of non-performance and to resume performance as soon as reasonably possible once the cause is removed or resolved. For clarity, an act or omission shall be deemed within ETHA’s reasonable control if committed, omitted, or caused by ETHA, its employees, officers, agents, or affiliates.
Limitation of Liability
To the fullest extent permitted by applicable law, ETHA, including its parents, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensors, service providers, and suppliers (“ETHA Parties”), shall not be liable to Reseller or any third party for any indirect, incidental, consequential, exemplary, special, or punitive damages (including, without limitation, lost profits, lost revenues, lost savings, business interruption, loss of data, or replacement costs), arising out of or in connection with this Agreement, any products or services provided hereunder, or Reseller’s use, resale, marketing, or distribution of such products or services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if ETHA has been advised of the possibility of such damages.
ETHA expressly disclaims all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Reseller acknowledges that the use of kratom carries inherent risks and assumes full responsibility for such use.
Indemnification
Reseller agrees to indemnify, defend, and hold harmless the ETHA Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
-
Reseller’s negligence, misconduct, or willful acts;
-
Reseller’s breach of this Agreement or violation of any applicable law, rule, or regulation;
-
Reseller’s marketing, sale, resale, labeling, promotion, distribution, or use of ETHA products;
-
Any claim by a third party (including customers, regulators, or governmental entities) relating to the products or services once in Reseller’s possession, custody, or control.
In no event shall Reseller seek contribution or indemnity from ETHA with respect to any claim or liability for which Reseller is responsible.
No Implied Warranties
ETHA expressly disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Reseller acknowledges that the use of kratom carries inherent risks and assumes full responsibility for its use.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions.
Termination
ETHA may terminate the relationship with Reseller at any time, with or without cause, upon written notice to the Reseller. ETHA may immediately terminate the relationship in the event of any material breach, breach of these Terms and Conditions, and including but not limited to violations of the MAP Policy and Confidentiality.
Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the reseller relationship shall be resolved exclusively through binding arbitration conducted in San Diego County, California, in accordance with the rules of the American Arbitration Association.
Waiver of Jury Trial / No Class Action
Reseller knowingly and irrevocably waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms and Conditions. Reseller further agrees that any claims shall be brought solely in their individual capacity and not as part of any class or representative action.
Entire Agreement
These Terms and Conditions constitute the entire agreement between ETHA and the Reseller and supersede any prior oral or written communications. ETHA may update these Terms and Conditions from time to time with written notice to the Reseller.
Shipping Issues
Any issues with shipping (such as delivery of damaged product) must immediately be reported to the shipping carrier and to ETHA. Not following protocol may ban Reseller from receiving ETHA support in filing a shipping claim or any other assistance in resolving the shipping problems.
Taxes
As an ETHA-approved Reseller, no sales tax is charged on any purchased products. Reseller acknowledges that it is obligated to pay use tax to the state where the purchased item(s) is/are used. Please review your state tax laws and consult a tax professional.
----------------------------------------------------------------------------------------------------
BULK BUYER T&C
Payment
Payment accepted via Zelle, wire transfer, check, Visa, and MasterCard. Contact us for information regarding credit terms. A late payment fee of 2% per week will apply to overdue balances. All credit card payments are subject to a 4.2% processing fee.
Processing and Shipping
Please allow 1-3 business days for processing invoice in addition to transit time for all orders. Transit Times will vary depending on final destination of the Bulk Buyer. Please note, for international orders, customs clearance may add additional processing time. Customs clearance is on a case-by-case basis depending on products and location delivery. Standard customs processing is estimated at about 5-8 additional business days, but may be longer or shorter depending on products and final destination. Shipping Costs are NOT included in the cost of products. Bulk Buyer may choose to provide its own shipping method (i.e. freight pick-up). Reseller will arrange for its OWN pick-up/delivery and provide ETHA with the relevant information. Bulk Buyer shall be responsible for any additional costs and fees, such as customs fees, country or customs taxes, etc.
Minimum Advertised Price (MAP) & Intellectual Property
The Minimum Advertised Price ("MAP") shall not be more than 25% off the MSRP for each respective ETHA product on the latest published price list. The MAP Policy established by ETHA may be adjusted by ETHA at any time at its sole discretion. The ETHA MAP Policy applies to all line listings and online advertisements of ETHA products. ETHA has the right to enforce our MAP Policy as necessary to maintain the integrity of our brand. Actions may include interruption of service and/or suspension of sale. Intellectual Property (IP): Bulk Buyer shall NOT use ETHA’s trademarks, trade names, logos, or copyrighted materials without prior written consent, except as expressly permitted for marketing ETHA products. ETHA retains all intellectual property rights.
Additional Cost and Services
In the event additional costs or services are required to fulfill an order, ETHA will notify the Bulk Buyer prior to proceeding. If the Reseller approves, ETHA will proceed and invoice the Bulk Buyer accordingly. If the Bulk Buyer explicitly declines such additional costs or services, ETHA may be unable to fulfill the order in full and will either void the invoice or fulfill it only to the extent possible without incurring the additional costs or services.
Returns and Refunds
Once an invoice is finalized and approved it shall be treated as a legal binding contract between ETHA and Bulk Buyer and subject to good faith performance by both. Any issues/discrepancies that may arise, may be resolved by ETHA and Bulk Buyer.
All returns and requests for credits must be authorized by ETHA. Bulk Buyer to initiate the return process by e-mailing wholesale@ethanaturals.com, calling 800-862-0341, or by contacting your ETHA sales representative.
Bulk Buyer returns must be initiated within 60 days after order shipped by ETHA and could be subject to a 25% restocking fee. A complete list of items, including item or ETHA SKU numbers, quantities for each item must be provided at the time of request. An ETHA authorized return is conditional until all products are returned and received by ETHA and ETHA has had a chance to inspect, validate the authenticity of the returned products, only then will the return be a final approved return by ETHA and credit, if any, accorded to Bulk Buyer. [Authorized items must be in resalable condition (no price markings or stickers, no damage to label or packaging ) to receive credit.] [Any non-authorized item found in the return will NOT receive credit. Products returned in unsellable condition will be deducted from the final credit. Bulk Buyer will be notified of any changes to the authorized credit.]
Customer returns must be submitted by the Bulk Buyer that sold the customer the purchased items. A complete list of items, with items or SKU numbers, and quantity for each item must be provided at the time of request. For adverse reaction (AER), Bulk Buyer please collect customer contact information and provide along with the credit request.
Defective products can be returned for credit provided a complete list of items with item or ETHA SKU numbers, and quantity for each item are provided at the time of request. Please provide pictures if possible of any damaged shipping materials, bags or boxes.
Any customer requested Bulk Buyer approved returns could be subject to a Restocking fee of 10%.
ETHA reserves the right to deny returns or credits that do not comply with this policy.
Confidentiality
Bulk Buyer agree to keep all non-public information provided by ETHA, including pricing, product formulations, business strategies, and customer data, strictly confidential. Such information may not be disclosed to any third party without prior written consent from ETHA. This obligation shall survive the termination of the Bulk Buyer relationship.
Bulk Buyer Responsibility
Bulk Buyer agrees to represent ETHA products accurately, comply with all applicable laws (including the Kratom Consumer Protection Act), and maintain accurate records of sales and customers to support potential adverse event reporting or product recalls.
Intellectual Property (IP)
Bulk Buyer may not use ETHA’s trademarks, trade names, logos, or copyrighted materials without prior written consent, except as expressly permitted for marketing approved ETHA products. ETHA retains all intellectual property rights.
Force Majeure
If performance under this invoice, or any obligation hereunder, is prevented, restricted, or interfered with by causes beyond ETHA’s reasonable control ("Force Majeure"), and ETHA provides the Bulk Buyer with prompt written notice of such event, ETHA’s obligations shall be suspended to the extent necessary due to such event.
Force Majeure includes, but is not limited to: acts of God; fire; explosion; vandalism; storm; earthquake; or similar natural events; acts or orders of military or civil authorities; national emergencies; insurrections; riots; wars; strikes; lockouts; work stoppages; labor disputes; or supplier failures.
ETHA shall use commercially reasonable efforts to mitigate or remove such causes of non-performance and to resume performance as soon as reasonably possible once the cause is removed or resolved. For clarity, an act or omission shall be deemed within ETHA’s reasonable control if committed, omitted, or caused by ETHA, its employees, officers, agents, or affiliates.
Limitation of Liability
To the fullest extent permitted by applicable law, ETHA, including its parents, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensors, service providers, and suppliers (“ETHA Parties”), shall not be liable to Bulk Buyer or any third party for any indirect, incidental, consequential, exemplary, special, or punitive damages (including, without limitation, lost profits, lost revenues, lost savings, business interruption, loss of data, or replacement costs), arising out of or in connection with this Agreement, any products or services provided hereunder, or Bulk Buyer’s use, resale, marketing, or distribution of such products or services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if ETHA has been advised of the possibility of such damages.
ETHA expressly disclaims all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bulk Buyer acknowledges that the use of kratom carries inherent risks and assumes full responsibility for such use.
Indemnification
Bulk Buyer agrees to indemnify, defend, and hold harmless the ETHA Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
-
Bulk Buyer's negligence, misconduct, or willful acts;
-
Bulk Buyer's breach of this Agreement or violation of any applicable law, rule, or regulation;
-
Bulk Buyer's marketing, sale, resale, labeling, promotion, distribution, or use of ETHA products;
-
Any claim by a third party (including customers, regulators, or governmental entities) relating to the products or services once in Bulk Buyer’s possession, custody, or control.
In no event shall Bulk Buyer seek contribution or indemnity from ETHA with respect to any claim or liability for which Bulk Buyer is responsible.
No Implied Warranties
ETHA expressly disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bulk Buyer acknowledges that the use of kratom carries inherent risks and assumes full responsibility for its use.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions.
Termination
ETHA may terminate the relationship with Bulk Buyer at any time, with or without cause, upon written notice to the Bulk Buyer. ETHA may immediately terminate the relationship in the event of any material breach, breach of these Terms and Conditions, and including but not limited to violations of the MAP Policy and Confidentiality.
Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the Bulk Buyer relationship shall be resolved exclusively through binding arbitration conducted in San Diego County, California, in accordance with the rules of the American Arbitration Association.
Waiver of Jury Trial / No Class Action
Bulk Buyer knowingly and irrevocably waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms and Conditions. Bulk Buyer further agrees that any claims shall be brought solely in their individual capacity and not as part of any class or representative action.
Entire Agreement
These Terms and Conditions constitute the entire agreement between ETHA and Bulk Buyer and supersede any prior oral or written communications. ETHA may update these Terms and Conditions from time to time with written notice to Bulk Buyer.
Shipping Issues
Any issues with shipping (such as delivery of damaged product) must immediately be reported by Bulk Buyer to the shipping carrier and to ETHA. Not following said protocol may ban Bulk Buyer from receiving ETHA support in filing a shipping claim or any other assistance in resolving the shipping problems.
Taxes
As an ETHA-approved Bulk Buyer, no sales tax is charged on any purchased products. Bulk Buyer acknowledges that it is obligated to pay use tax to the state where the purchased item(s) is/are used. Please review your state tax laws and consult a tax professional.
----------------------------------------------------------------------------------------------------
WHITE LABELER T&C
Payment
Payment accepted via Zelle, wire transfer, check, Visa, and MasterCard. Contact us for information regarding credit terms. A late payment fee of 2% per week will apply to overdue balances. All credit card payments are subject to a 4.2% processing fee.
Processing and Shipping
Please allow 1-3 business days for processing invoice in addition to transit time for all orders. Transit Times will vary depending on final destination of the White Labeler. Please note, for international orders, customs clearance may add additional processing time. Customs clearance is on a case-by-case basis depending on products and location delivery. Standard customs processing is estimated at about 5-8 additional business days, but may be longer or shorter depending on products and final destination. Shipping Costs are NOT included in the cost of products. Reseller may choose to provide its own shipping method (i.e. freight pick-up). White Labeler will arrange for its OWN pick-up/delivery and provide ETHA with the relevant information. White Labeler shall be responsible for any additional costs and fees, such as customs fees, country or customs taxes, etc.
Minimum Advertised Price (MAP) & Intellectual Property
The Minimum Advertised Price ("MAP") shall not be more than 25% off the MSRP for each respective ETHA product on the latest published price list. The MAP Policy established by ETHA may be adjusted by ETHA at any time at its sole discretion. The ETHA MAP Policy applies to all line listings and online advertisements of ETHA products. ETHA has the right to enforce our MAP Policy as necessary to maintain the integrity of our brand. Actions may include interruption of service and/or suspension of sale. Intellectual Property (IP): White Labeler shall NOT use ETHA’s trademarks, trade names, logos, or copyrighted materials without prior written consent, except as expressly permitted for marketing ETHA products. ETHA retains all intellectual property rights.
Additional Cost and Services
In the event additional costs or services are required to fulfill an order, ETHA will notify the Reseller prior to proceeding. If the Reseller approves, ETHA will proceed and invoice the Reseller accordingly. If the Reseller explicitly declines such additional costs or services, ETHA may be unable to fulfill the order in full and will either void the invoice or fulfill it only to the extent possible without incurring the additional costs or services.
Returns and Refunds
Once an invoice is finalized and approved it shall be treated as a legal binding contract between ETHA and White Labeler and subject to good faith performance by both. Any issues/discrepancies that may arise, may be resolved by ETHA and White Labeler.
All returns and requests for credits must be authorized by ETHA. White Labeler to initiate the return process by e-mailing wholesale@ethanaturals.com, calling 800-862-0341, or by contacting your ETHA sales representative.
White Labeler returns must be initiated within 60 days after order shipped by ETHA and could be subject to a 25% restocking fee. A complete list of items, including item or ETHA SKU numbers, quantities for each item must be provided at the time of request. An ETHA authorized return is conditional until all products are returned and received by ETHA and ETHA has had a chance to inspect, validate the authenticity of the returned products, only then will the return be a final approved return by ETHA and credit, if any, accorded to White Labeler. [Authorized items must be in resalable condition (no price markings or stickers, no damage to label or packaging ) to receive credit.] [Any non-authorized item found in the return will NOT receive credit. Products returned in unsellable condition will be deducted from the final credit. White Labeler will be notified of any changes to the authorized credit.]
Customer returns must be submitted by the White Labeler that sold the customer the purchased items. A complete list of items, with items or SKU numbers, and quantity for each item must be provided at the time of request. For adverse reaction (AER), White Labeler please collect customer contact information and provide along with the credit request.
Defective products can be returned for credit provided a complete list of items with item or ETHA SKU numbers, and quantity for each item are provided at the time of request. Please provide pictures if possible of any damaged shipping materials, bags or boxes.
Any customer requested White Labeler approved returns could be subject to a Restocking fee of 10%.
ETHA reserves the right to deny returns or credits that do not comply with this policy.
Confidentiality
White Labeler agrees to keep all non-public information provided by ETHA, including pricing, product formulations, business strategies, and customer data, strictly confidential. Such information may not be disclosed to any third party without prior written consent from ETHA. This obligation shall survive the termination of the White Labeler relationship.
White Labeler Responsibility
White Labeler agrees to represent ETHA products accurately, comply with all applicable laws (including the Kratom Consumer Protection Act), and maintain accurate records of sales and customers to support potential adverse event reporting or product recalls.
Intellectual Property (IP)
White Labeler may not use ETHA’s trademarks, trade names, logos, or copyrighted materials without prior written consent, except as expressly permitted for marketing approved ETHA products. ETHA retains all intellectual property rights.
Force Majeure
If performance under this invoice, or any obligation hereunder, is prevented, restricted, or interfered with by causes beyond ETHA’s reasonable control ("Force Majeure"), and ETHA provides the White Labeler with prompt written notice of such event, ETHA’s obligations shall be suspended to the extent necessary due to such event.
Force Majeure includes, but is not limited to: acts of God; fire; explosion; vandalism; storm; earthquake; or similar natural events; acts or orders of military or civil authorities; national emergencies; insurrections; riots; wars; strikes; lockouts; work stoppages; labor disputes; or supplier failures.
ETHA shall use commercially reasonable efforts to mitigate or remove such causes of non-performance and to resume performance as soon as reasonably possible once the cause is removed or resolved. For clarity, an act or omission shall be deemed within ETHA’s reasonable control if committed, omitted, or caused by ETHA, its employees, officers, agents, or affiliates.
Limitation of Liability
To the fullest extent permitted by applicable law, ETHA, including its parents, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensors, service providers, and suppliers (“ETHA Parties”), shall not be liable to White Labeler or any third party for any indirect, incidental, consequential, exemplary, special, or punitive damages (including, without limitation, lost profits, lost revenues, lost savings, business interruption, loss of data, or replacement costs), arising out of or in connection with this Agreement, any products or services provided hereunder, or White Labeler’s use, resale, marketing, or distribution of such products or services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if ETHA has been advised of the possibility of such damages.
ETHA expressly disclaims all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. White Labeler acknowledges that the use of kratom carries inherent risks and assumes full responsibility for such use.
Indemnification
White Labeler agrees to indemnify, defend, and hold harmless the ETHA Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:
-
White Labeler’s negligence, misconduct, or willful acts;
-
White Labeler’s breach of this Agreement or violation of any applicable law, rule, or regulation;
-
White Labeler’s marketing, sale, resale, labeling, promotion, distribution, or use of ETHA products;
-
Any claim by a third party (including customers, regulators, or governmental entities) relating to the products or services once in White Labeler’s possession, custody, or control.
In no event shall White Labeler seek contribution or indemnity from ETHA with respect to any claim or liability for which White Labeler is responsible.
No Implied Warranties
ETHA expressly disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. White Labeler acknowledges that the use of kratom carries inherent risks and assumes full responsibility for its use.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions.
Termination
ETHA may terminate the relationship with White Labeler at any time, with or without cause, upon written notice to the White Labeler. ETHA may immediately terminate the relationship in the event of any material breach, breach of these Terms and Conditions, and including but not limited to violations of the MAP Policy and Confidentiality.
Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the White Labeler relationship shall be resolved exclusively through binding arbitration conducted in San Diego County, California, in accordance with the rules of the American Arbitration Association.
Waiver of Jury Trial / No Class Action
White Labeler knowingly and irrevocably waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms and Conditions. White Labeler further agrees that any claims shall be brought solely in their individual capacity and not as part of any class or representative action.
Entire Agreement
These Terms and Conditions constitute the entire agreement between ETHA and White Labeler and supersede any prior oral or written communications. ETHA may update these Terms and Conditions from time to time with written notice to the White Labeler.
Shipping Issues
Any issues with shipping (such as delivery of damaged product) must immediately be reported by White Labeler to the shipping carrier and to ETHA. Not following said protocol may ban White Labeler from receiving ETHA support in filing a shipping claim or any other assistance in resolving the shipping problems.
Taxes
As an ETHA-approved White Labeler, no sales tax is charged on any purchased products. White Labeler acknowledges that it is obligated to pay use tax to the state where the purchased item(s) is/are used. Please review your state tax laws and consult a tax professional.
----------------------------------------------------------------------------------------------------
Additional Notes
ETHA will provide Certificates of Analysis (COAs) for all ordered products. ETHA may also include free samples and marketing materials at its discretion. For a full list of terms and conditions, please refer to ETHA Full Terms & Conditions.
