Terms and Conditions

The CCA Industries, Inc. Authorized Distributor Policy (“Distributor Policy”) is issued by CCA Industries, Inc. (“CCA”) and applies to distributors of CCA products (“Products”) in the United States.  This Distributor Policy supplements any then-current wholesaler or distribution agreement between you and CCA.  By purchasing Products from CCA for distribution to Authorized Resellers (as hereinafter defined), you (“Distributor,” “you” or “your”) agree to adhere to the following terms and conditions.  If you do not agree to adhere to the terms herein, do not purchase Products for purposes of resale.  Until such status is otherwise revoked by CCA in CCA’s sole and absolute discretion, Distributor shall be considered an “Authorized Distributor” hereunder.  This Distributor Policy is effective as of January 1, 2019.

Please Note: The sale of Porcelana with Hydroquinone is absolutely prohibited for all vendors.

• Manner of Sale. Distributor shall sell the Products only as set forth herein.  Otherwise, the Products may not be eligible for certain services and benefits, including, wherever permitted by law, coverage under CCA’s Product warranties or guarantees. 
• Authorized Customers. Products sold for purposes of resale shall be sold only to Authorized Resellers. An “Authorized Reseller” (i) is an individual or business entity that purchases Products from an Authorized Distributor and resells the Products as part of a commercial enterprise; (ii) has received and agrees to adhere to the CCA Industries, Inc. Authorized Reseller Policy; and (iii) has not had its Authorized Reseller status revoked by CCA.  For purposes of this Distributor Policy, Authorized Resellers shall not include any customers that have a direct purchasing relationship with CCA.  In addition, for purposes of this Distributor Policy, any entity operating a third-party marketplace website, including, but not limited to, Amazon.com, Groupon.com, or Jet.com, shall not be considered an Authorized Reseller.  From time to time, CCA may distribute a “Do-Not-Sell List” that identifies entities that are prohibited from purchasing CCA Products.  Distributor agrees to cease and suspend sales to any customer on the Do-Not-Sell List.    Distributor shall not sell the Products to End Users without the prior written consent of CCA.  An “End-User” is any purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to a third party. 

• Geographic Location of Sales. Distributor shall not sell, ship, invoice, or promote the Products outside the United States of America or to anyone Distributor knows or has reason to know intends to ship the Products outside of the United States of America without CCA’s prior written consent.

• Online Sales. Distributor shall not market or offer for sale the Products on or through any publicly accessible website, including, without limitation, any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of CCA, which is granted solely through execution by CCA of the Authorized Online Seller Agreement.  Execution by CCA of the Authorized Online Seller Agreement constitutes the only means of providing consent to sell the Products online on publicly accessible websites.  The terms of this Distributor Policy supersede any prior agreement between CCA and Distributor regarding the sale of the Products online.  Any authorization previously granted to Distributor by CCA to sell the Products online is hereby revoked.

• Sales Practices and Inventory. Distributor shall support CCA’s sales programs and use best efforts to advertise, promote, market, and sell the Products to its authorized customers and, as applicable, meet or exceed minimum sales commitments.  Distributor shall conduct its business in a reasonable and ethical manner at all times, whether engaged in the sale of CCA Products or other products, and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the Products except as expressed or authorized by CCA.  Distributor shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products.  Further, Distributor shall carry an inventory of the Products adequate to meet the needs of, and to furnish prompt and efficient delivery of Products to, its customers.

• Product Packaging and Display. Distributor shall sell Products in their original packaging.  Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations are not permitted.  Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging is prohibited.  Distributor may not remove, translate, or modify the contents of any label or literature on or accompanying the Products.  Distributor shall not advertise, market, display, or demonstrate non-CCA products together with the Products in a manner that would create the impression that the non-CCA products are made by, endorsed by, or associated with CCA. 

• Customer Service. Distributor and Distributor’s sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable warranty, guarantee, or return policy.  Distributor must make itself available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly.  Distributor and Distributor’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of CCA.  Distributor agrees to cooperate fully with CCA in any investigation or evaluation of such matters.

• Distribution of CCA Policies and Other Information. Distributor shall distribute policies, updates to policies, amendments to warranties, and other information to its Authorized Resellers, as requested by CCA from time to time.

 

2. Product Care and Quality Controls. Distributor shall care for the Products as set forth herein.

• Product Storage and Handling. Distributor shall exercise due care in storing and handling the Products, store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and store the Products in accordance with any additional storage guidelines specified by CCA from time to time.

 

• Product Inspection. Promptly upon receipt of the Products, Distributor shall inspect the Products for damage, defect, broken seals, or other nonconformance (collectively, “Defects”).  If any Defect is identified, Distributor must not offer the Product for sale and must promptly report the Defect to CCA at customerservice@ccaindustries.com.  Distributor shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory.  Distributor shall not sell any Products that are expired. 

 

• Recall and Consumer Safety. To ensure the safety and well-being of the End Users of the Products, Distributor shall cooperate with CCA with respect to any Product recall or other consumer-safety information dissemination efforts.  Should Distributor learn of any incident that could reflect or indicate a safety concern associated with any Product, Distributor shall promptly report the incident or other information learned to CCA at customerservice@ccaindustries.com. 

3. Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION OF THE DOCUMENTS ACCOMPANYING THE PRODUCTS OR IN PRODUCT LITERATURE FURNISHED BY CCA CONTAINING PRODUCT WARRANTIES, AS IN EFFECT FROM TIME TO TIME (THE “STATEMENT OF WARRANTY”), CCA MAKES NO REPRESENTATION OR WARRANTY TO DISTRIBUTOR OF ANY NATURE OR KIND REGARDING THE PRODUCTS.  CCA DISCLAIMS ALL OTHER WARRANTIES TO DISTRIBUTOR, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE.  CCA’S SOLE OBLIGATION AND LIABILITY TO DISTRIBUTOR IN RESPECT OF ITS WARRANTY AS SET FORTH IN THE STATEMENT OF WARRANTY SHALL BE, AT ITS OPTION, TO REPAIR OR REPLACE THE RELEVANT PRODUCT AT ITS COST. 

 

4. Intellectual Property. Distributor acknowledges and agrees that CCA owns or licenses all proprietary rights in and to the CCA brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “CCA IP”).  Distributor is granted a limited, non-exclusive, non-transferable, revocable license to use the CCA IP solely for purposes of marketing and selling the Products as set forth herein.  This license will cease upon termination of Distributor’s status as an Authorized Distributor.  CCA reserves the right to review and approve, in its sole discretion, Distributor’s use or intended use of the CCA IP at any time, without limitation.  All goodwill arising from Distributor’s use of the CCA IP shall inure solely to the benefit of CCA. 

 

5. Termination. In addition to all other available remedies, if Distributor violates this Distributor Policy, CCA reserves the right to terminate Distributor’s status as an Authorized Distributor through written or electronic notice to Distributor of such termination.  Upon termination of a Distributor’s status as an Authorized Distributor, Distributor shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Distributor is an Authorized Distributor of CCA Products or has any affiliation whatsoever with CCA; and (iii) using all CCA IP.  At CCA’s option following termination, Distributor shall sell its existing inventory of the Products back to CCA at the wholesale prices at which the Products were sold to the Distributor by CCA. 

6. Audit. CCA reserves the right to audit and/or monitor Distributor’s activities for compliance with this Distributor Policy, including, but not limited to, inspection of Distributor’s facilities and records concerning the Products.

7. Miscellaneous. CCA reserves the right to update, amend, or modify this Distributor Policy upon written or electronic notice to Distributor.  Unless otherwise provided, such amendments will take effect immediately and Distributor’s continued use, advertising, offering for sale, or sale of the Products, use of the CCA IP, or use of any other information or materials provided by CCA to Distributor under this Distributor Policy following notice of the amendments will be deemed Distributor’s acceptance of the amendments.

 
 
This CCA Industries, Inc. Authorized Reseller Policy (“Reseller Policy”) is issued by CCA Industries, Inc. (“CCA”) and applies to Authorized Resellers of CCA products (“Products”) in the United States of America.  By purchasing Products from a CCA Authorized Distributor for retail sale, you (“Reseller,” “you,” or “your”) agree to adhere to the following Reseller Policy.  Please read this Reseller Policy carefully.  Until such status is otherwise revoked by CCA in CCA’s sole and absolute discretion, Reseller shall be considered an “Authorized Reseller” hereunder.  This Reseller Policy is effective as of January 1, 2019.
 

1. Manner of Sale. Reseller shall sell the Products only as set forth herein.  Otherwise, the Products may not be eligible for certain services and benefits, including, wherever permitted by law, coverage under CCA’s Product warranties or guarantees.    

 

• Authorized Customers. Reseller shall sell Products solely to End Users of the Products.  An “End User” is any purchaser of the Product(s) who is the ultimate consumer of the Product and who does not intend to resell the Product to a third party.  Reseller shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use.  Reseller shall not sell or transfer any of the Products to any person or entity for resale without the prior written consent of CCA.  This includes sales to B2B accounts, wholesalers, freight forwarders/drop shippers for other resellers, or any other person or entity Reseller knows or has reason to know intends to resell the Products.

 

• Geographic Location of Sales. Reseller shall not sell, ship, invoice, or promote Products to customers outside of the United States of America without the prior written consent of CCA.

 

• Online Sales. Reseller shall not market or offer for sale the Products on or through any publicly accessible website, including, without limitation, any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of CCA, which is granted solely through execution by CCA of the Authorized Online Seller Agreement. Execution by CCA of the Authorized Online Seller Agreement constitutes the only means of providing consent to sell the Products online on publicly accessible websites.  The terms of this Reseller Policy supersede any prior agreement between CCA and Reseller regarding the sale of the Products online.  Any authorization previously granted to Reseller by CCA to sell the Products online is hereby revoked.

 

• Sales Practices and Inventory. Reseller shall conduct its business in a reasonable and ethical manner at all times, whether engaged in the sale of CCA Products or other products, and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the Products except as expressed or authorized by CCA.  Reseller shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products.  Further, Reseller shall carry an inventory of the Products adequate to meet the needs of, and to furnish prompt and efficient delivery of Products to, its customers.

 

• Product Packaging and Display. Reseller shall sell Products in their original packaging.  Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations are not permitted.  Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging is prohibited.  Reseller shall not remove, translate, or modify the contents of any label or literature on or accompanying the Products.  Reseller shall not advertise, market, display, or demonstrate non-CCA products together with the Products in a manner that would create the impression that the non-CCA products are made by, endorsed by, or associated with CCA.

 

• Customer Service. Reseller and Reseller’s sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise End Users on the selection and safe use of the Products, as well as any applicable warranty, guarantee, or return policy.  Reseller shall be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly.  Reseller and Reseller’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of CCA.  Reseller agrees to cooperate fully with CCA in any investigation or evaluation of such matters.

 

2. Product Care and Quality Controls. Reseller shall care for the Products as set forth herein.

 

• Product Storage and Handling. Reseller shall exercise due care in storing and handling the Products, store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and adhere to any additional storage or handling guidelines specified by CCA from time to time.

 

• Product Inspection. Promptly upon receipt of the Products, Reseller shall inspect the Products for damage, defect, broken seals, or other nonconformance (collectively, “Defects”).  If any Defect is identified, Reseller must not offer the Product for sale, and must promptly report the Defect to CCA at customerservice@ccaindustries.com.  Reseller shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory.  Reseller shall not sell any Products that are expired. 

 

• Recall and Consumer Safety. To ensure the safety and well-being of the End Users of the Products, Reseller shall cooperate with CCA with respect to any Product recall or other consumer-safety information dissemination effort.  Should Reseller learn of any incident that could reflect or indicate a safety concern associated with any Product, Reseller shall promptly report the incident or other information learned to CCA at customerservice@ccaindustries.com. 

 

3. Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION OF THE DOCUMENTS ACCOMPANYING THE PRODUCTS OR IN PRODUCT LITERATURE FURNISHED BY CCA CONTAINING PRODUCT WARRANTIES, AS IN EFFECT FROM TIME TO TIME (THE “STATEMENT OF WARRANTY”), CCA MAKES NO REPRESENTATION OR WARRANTY TO RESELLER OF ANY NATURE OR KIND REGARDING THE PRODUCTS.  CCA DISCLAIMS ALL OTHER WARRANTIES TO RESELLER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM OF TRADE OR OTHERWISE.  CCA’S SOLE OBLIGATION AND LIABILITY TO RESELLER IN RESPECT OF ITS WARRANTY AS SET FORTH IN THE STATEMENT OF WARRANTY SHALL BE, AT ITS OPTION, TO REPAIR OR REPLACE THE RELEVANT PRODUCT AT ITS COST.  CCA SHALL NOT BE LIABLE TO RESELLER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF SALES, OR LOSS OF PROFITS.

 

4. Intellectual Property. Reseller acknowledges and agrees that CCA owns or licenses all proprietary rights in and to the CCA brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (collectively, the “CCA IP”).  Reseller is granted a limited, non-exclusive, non-transferable, revocable license to use the CCA IP solely for purposes of marketing and selling the Products as set forth herein.  This license will cease immediately upon termination of Reseller’s status as an Authorized Reseller.  CCA reserves the right to review and approve, in its sole discretion, Reseller’s use or intended use of the CCA IP at any time, without limitation.  All goodwill arising from Reseller’s use of the CCA IP shall inure solely to the benefit of CCA.

 

5. Termination. In addition to all other available remedies, if Reseller violates this Reseller Policy, CCA reserves the right to terminate Reseller’s status as an Authorized Reseller through written or electronic notice to Reseller.  Upon termination of Reseller’s status as an Authorized Reseller, Reseller shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Reseller is an Authorized Reseller of CCA Products or has any affiliation whatsoever with CCA; and (iii) using all CCA IP.  At CCA’s option following termination, Reseller shall sell its existing inventory of the Products back to CCA at the wholesale prices at which the Products were purchased by Reseller.

 

6. Audit. CCA reserves the right to audit and/or monitor Reseller’s activities for compliance with this Reseller Policy, including, but not limited to, inspection of Reseller’s facilities and records concerning the Products. 

 

7. Miscellaneous. CCA 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, use of the CCA IP, or use of any other information or materials provided by CCA to Reseller will be deemed Reseller’s acceptance of the amendments. 

 
 
This CCA Industries, Inc. Authorized Retailer Policy (“Retailer Policy”) is issued by CCA Industries, Inc. (“CCA”) and applies to Authorized Retailers of CCA products (“Products”) in the United States of America.  By purchasing Products from CCA for retail sale, you (“Retailer,” “you,” or “your”) agree to adhere to the following terms.  Please read this Retailer Policy carefully.  Until such status is otherwise revoked by CCA, in CCA’s sole and absolute discretion, Retailer shall be considered an “Authorized Retailer” hereunder.  This Retailer Policy is effective as of January 1, 2019.
 

1. Manner of Sale. Retailer shall sell the Products only as set forth herein.  Otherwise, the Products may not be eligible for certain services and benefits, including, wherever permitted by law, coverage under CCA’s Product warranties or guarantees.   

 

• Authorized Customers. Retailer shall sell Products solely to End Users of the Products.  An “End User” is any purchaser of the Product(s) who is the ultimate consumer of the Product and who does not intend to resell the Product to a third party.  Retailer shall not sell to anyone a quantity of the Products greater than that generally purchased by an individual for personal use.  Retailer shall not sell or transfer any of the Products to any person or entity for resale without the prior written consent of CCA.  This includes sales to B2B accounts, wholesalers, freight forwarders/drop shippers for other retailers, or any other person or entity Retailer knows or has reason to know intends to resell the Products. 

 

• Geographic Location of Sales. Retailer shall not sell, ship, invoice, or promote Products to customers outside of the United States of America without the prior written consent of CCA.

 

• Online Sales.

 

• Retailer is permitted to market for sale or sell the Products on the Internet through Permissible Websites. A “Permissible Website” is a website that (i) is operated by Retailer in Retailer’s legal name; (ii) conspicuously states Retailer’s full legal name, mailing address, telephone number, and email address; (iii) does not give the appearance that it is operated by CCA or any third party; and (iv) does not include in its domain name (including any top-level domain or subdomain) any CCA trademark or product name nor a misspelling of any CCA trademark or product name.  CCA reserves the right to terminate, at any time and in its sole discretion, its approval for Retailer to market and sell Products on the Permissible Websites, and Retailer must cease all such marketing and sales on the Permissible Websites immediately upon notice of such termination.  Retailer shall not market or offer for sale the Products on or through any publicly accessible website other than a Permissible Website, including, without limitation, any third-party marketplace website such as Amazon, eBay, Jet, Rakuten, Walmart Marketplace, or Sears Marketplace, without the prior written consent of CCA.   

 

• With respect to sales of Products through the Permissible Websites, Retailer shall be responsible for all fulfillment to its customers, any applicable taxes associated with such individuals’ purchases of Products, and any returns of Products.  Retailer agrees not to use any third-party fulfillment service to store inventory or fulfill orders for the Products unless separately authorized by CCA in writing.  Further, Retailer agrees not to represent or advertise any product as “new” that has been returned or repackaged. 

 

• By selling Products through a Permissible Website, Retailer represents and warrants that the Permissible Websites are and will remain in compliance with all applicable privacy, accessibility, and data-security laws, regulations, and industry standards, including, but not limited to, the World Wide Web Consortium Web Content Accessibility Guidelines 2.0 (at the AA level, or, in the absence of a AA level standard, at the A level) and the Payment Card Industry Data Security Standard (“PCI DSS”). Retailer further represents and warrants that it maintains detailed privacy policies and is, and will remain, in compliance with its privacy policies and the requirements of any contract to which Retailer is a party.  Further, Retailer represents and warrants that it has implemented and maintains written information-security guidelines, which will include physical, administrative, and technological controls designed to prevent the unauthorized access to, disclosure, destruction, or loss of personally identifying information.  

 

• In marketing the Products on the Permissible Websites, Retailer shall only use images of Products either supplied or authorized by CCA and shall keep all Product descriptions up to date.  Retailer’s use of the CCA IP (as hereinafter defined) on the Permissible Websites shall be in conformance with any guidelines that may be provided by CCA and must be commercially reasonable as to the size, placement, and other manners of use.

 

• Sales Practices and Inventory. Retailer shall conduct its business in a reasonable and ethical manner at all times, whether engaged in the sale of CCA Products or other products, and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the Products except as expressed or authorized by CCA.  Retailer shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products.  Further, Retailer shall carry an inventory of the Products adequate to meet the needs of, and to furnish prompt and efficient delivery of Products to, its customers.

 

• Product Packaging and Display. Retailer shall sell Products in their original packaging.  Relabeling, repackaging (including the separation of bundled products or the bundling of products), and other alterations are not permitted.  Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging is prohibited.  Retailer may not remove, translate, or modify the contents of any label or literature on or accompanying the Products.  Retailer shall not advertise, market, display, or demonstrate non-CCA products together with the Products in a manner that would create the impression that the non-CCA products are made by, endorsed by, or associated with CCA.

 

• Customer Service. Retailer and Retailer’s sales personnel shall be familiar with the special features of all Products marketed for sale and must obtain sufficient Product knowledge to advise End Users on the selection and safe use of the Products, as well as any applicable warranty, guarantee, or return policy.  Retailer shall be available to respond to customer questions and concerns both before and after sale of the Products and should endeavor to respond to customer inquiries promptly.  Retailer and Retailer’s agents must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of CCA.  Retailer agrees to cooperate fully with CCA in any investigation or evaluation of such matters.

 

2. Product Care and Quality Controls. Retailer shall care for the Products as set forth herein.

 

• Product Storage and Handling. Retailer shall exercise due care in storing and handling the Products, store the Products in a cool, dry place, away from direct sunlight, extreme heat, and dampness, and adhere to any additional storage and handling guidelines specified by CCA from time to time.

 

• Product Inspection. Promptly upon receipt of the Products, Retailer shall inspect the Products for damage, defect, broken seals, or other nonconformance (collectively, “Defects”).  If any Defect is identified, Retailer must not offer the Product for sale, and must promptly report the Defect to CCA at customerservice@ccaindustries.com.  Retailer shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory.  Retailer shall not sell any Products that are expired. 

 

• Recalls and Consumer Safety. To ensure the safety and well-being of the End Users of the Products, Retailer shall cooperate with CCA with respect to any Product recall or other consumer-safety information dissemination effort.  Should Retailer learn of any incident that could reflect or indicate a safety concern associated with any Product, Retailer shall promptly report the incident or other information learned to CCA at customerservice@ccaindustries.com. 

3. Intellectual Property. Retailer acknowledges and agrees that CCA owns or licenses all proprietary rights in and to the CCA brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (the “CCA IP”).  Retailer is granted a limited, non-exclusive, non-transferable, revocable license to use the CCA IP solely for purposes of marketing and selling the Products as set forth herein.  This license will cease immediately upon termination of Retailer’s status as an Authorized Retailer.  CCA reserves the right to review and approve, in its sole discretion, Retailer’s use or intended use of the CCA IP at any time, without limitation.  All goodwill arising from Retailer’s use of the CCA IP shall inure solely to the benefit of CCA.

 

4. Termination. In addition to all other available remedies, if Retailer violates this Retailer Policy, CCA reserves the right, in its sole and absolute discretion, to terminate Retailer’s status as an Authorized Retailer through written or electronic notice to Retailer of such termination.  Upon termination of Retailer’s status as an Authorized Retailer, Retailer shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that Retailer is an Authorized Retailer of CCA Products or has any affiliation whatsoever with CCA; and (iii) using all CCA IP. 

 

5. Audit. CCA reserves the right to audit and/or monitor Retailer’s activities for compliance with this Retailer Policy, including, but not limited to, inspection of Retailer’s facilities and records concerning the Products.

 

6. Miscellaneous. CCA reserves the right to update, amend, or modify this Retailer Policy at any time.  Unless otherwise provided, such amendments will take effect immediately and Retailer’s continued use, advertising, offering for sale, or sale of the Products, use of the CCA IP, or use of any other information or materials provided by CCA to Retailer under this Retailer Policy following notice of the amendments will be deemed Retailer’s acceptance of the amendments.