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We Value Our Health Care Professional Partners

Please make sure you understand our Resale Policy, as detailed below. This policy helps protect the integrity of your relationship with your patients as well as your partnership with Standard Process. Those relationships are what empower all of us to transform lives.

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Resale Policy

Practitioner Resale Policy of Standard Process Inc.®, Standard Process Veterinary Formulas™ and MediHerb® Products

Standard Process Inc. and its subsidiaries and affiliated entities (referred to as “Standard Process”, “we” or “us”) issues this Resale Policy of Standard Process Inc.®, Standard Process Veterinary Formulas™ and MediHerb® Products (the “Resale Policy”), which applies to all Authorized Practitioner Account Holders of Standard Process Inc.®, Standard Process Veterinary Formulas™ and MediHerb® products (“Products”) in the United States of America. 

Please read this Resale Policy carefully.  By purchasing Products from Standard Process or an Authorized Standard Process Distributor, establishing a Standard Process practitioner account, or by clicking to accept or agree to these terms when presented with this option, you (“Authorized Practitioner Account Holder”, “you”, “your”) agree to abide by the terms and conditions herein.  Until such status is otherwise revoked by Standard Process, you shall be considered an “Authorized Practitioner Account Holder” hereunder.  

Any Authorized Practitioner Account Holder failing to comply with this Resale Policy will face immediate termination of its account, revocation of its Authorized Practitioner Account Holder status, and/or further legal action.  Violations of this Resale Policy may be reported to the Standard Process corporate headquarters at 800-848-5061.  

This version of the Resale Policy is effective as of December 1, 2020 and supersedes all prior versions.

1.         Manner of Sale

  1. Authorized Customers.  Authorized Practitioner Account Holder shall sell Products solely to End Users of the Products.  An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to re-sell the Products to any third party.  Authorized Practitioner Account Holder shall consider the nutritional needs of each End User when providing Product advice.  Authorized Practitioner Account Holder shall sell the Products in unit volumes appropriate for individual use only.  Authorized Practitioner Account Holder shall not sell or transfer any of the Products to any person or entity that Authorized Practitioner Account Holder knows or has reason to know intends to re-sell the Products.
 
  1. Online Sales.  Other than sales through a Supplement Fulfillment site or other microsite operated by one of Standard Process’ Authorized Distributors on behalf of Authorized Practitioner Account Holder, Authorized Practitioner Account Holder is not permitted to market for sale or sell the Products on the Internet without an express written Agreement with Standard Process allowing such conduct.  This prohibition includes, without limitation, third-party-facilitated retail or auction websites such as eBay, Amazon.com, NexTag.com, Rakuten, Sears Marketplace, PriceGrabber.com, Shopzilla.com, Walmart Marketplace, or Best-Price.com. 
 
  1. Sales Through Patient Direct and Supplement Fulfillment Sites.  If Authorized Practitioner Account Holder has an Agreement allowing Authorized Practitioner Account Holder to sell products via Patient Direct by Standard Process platform (“Patient Direct”), Supplement Fulfillment sites or other microsites, you shall not disclose, advertise, or promote your unique individual health care professional code on websites, through social media, including Facebook, Twitter, etc., or in any manner outside of your direct personal communication with a patient/customer.  Furthermore, you shall control the use of the unique individual health care professional code assigned to you upon your registration for an account with Patient Direct or Supplement Fulfillment site.  It is Authorized Practitioner Account Holder’s responsibility to limit use of this individual code to authorized personnel only, and Authorized Practitioner Account Holder agrees to be held liable for any use of this code by third persons.  You agree to promptly inform Standard Process if your code has been compromised.
 
  1. Geographic Restrictions.  Authorized Practitioner Account Holder shall not sell, ship, invoice, or promote the Products outside the United States of America, or to anyone Authorized Practitioner Account Holder knows or has reason to know intends to ship the Products outside the United States of America, without the prior written consent of Standard Process.
 
  1. Sales in Retail Settings.  Authorized Practitioner Account Holder shall not sell Products in a retail setting direct to the general public in any manner.  Sales in licensed pharmacies, health food stores, or other retail establishments are permitted, provided that (i) each customer receives a face-to-face nutritional consultation by an in-house qualified health care professional; and (ii) Products are kept behind the counter and/or in a nonretail designated professional only area.
     
  2. Sales Practices.  Authorized Practitioner Account Holder shall conduct its business in a reasonable and ethical manner at all times, whether engaged in the sale of Standard Process 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 Standard Process.  Authorized Practitioner Account Holder shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products.  Authorized Practitioner Account Holder must represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of Standard Process.  Authorized Practitioner Account Holder shall be responsible for the actions of its employees, administrators, agents, contractors, or consultants and shall ensure that such personnel comply with the terms herein.  Authorized Practitioner Account Holder agrees to cooperate fully with Standard Process in any investigation or evaluation of such matters.  Authorized Practitioner Account Holder shall cooperate with Standard Process in the investigation and resolution of any quality or customer service issues related to Authorized Practitioner Account Holder’s sale of the Products, including disclosing information regarding Product sources, shipment, and handling. 
2.         Product Quality and Customer Care
  1. Product Storage and Handling.  Authorized Practitioner Account Holder shall comply with all instructions provided by Standard Process regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels.
 
  1. Product Inspection.  Promptly upon receipt of the Products, Authorized Practitioner Account Holder shall inspect the Products for damage, defect, broken seals, evidence of tampering, or other nonconformance (a “Defect”).  If any Defect is identified, Authorized Practitioner Account Holder must not offer the Product for sale and must promptly report the Defect to Standard Process at info@standardprocess.com or 800-848-5061.  Authorized Practitioner Account Holder shall inspect its inventory regularly for expired or soon-to-be expired Products and shall remove those Products from its inventory.  Authorized Practitioner Account Holder shall not sell any Products that are expired.
 
  1. Recall and Consumer Safety.  To ensure the safety and well-being of the end users of the Products, Authorized Practitioner Account Holder shall cooperate with Standard Process with respect to any Product recall or other consumer safety information dissemination efforts.  Authorized Practitioner Account Holder shall cooperate with Standard Process with respect to any Product tracking systems implemented by Standard Process.
 
  1. Product Packaging and Display.  Authorized Practitioner Account Holder shall sell Products in their original packaging.  Relabeling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations to Products or their packaging 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.  Authorized Practitioner Account Holder may not remove, translate, or modify the contents of any label or literature on or accompanying the Products.  Authorized Practitioner Account Holder shall not advertise, market, display, or demonstrate non-Standard Process products together with the Products in a manner that would create the impression that the non-Standard Process products are made by, endorsed by, or associated with Standard Process. 
 
  1. Product Knowledge and Customer Consultation.  Authorized Practitioner Account Holder agrees to professionally promote the Products and obtain sufficient knowledge regarding each Product kept in inventory to advise its patients on the selection and safe use of the Products.  Authorized Practitioner Account Holder shall evaluate and consider the nutritional needs of each customer when providing such advice.  Authorized Practitioner Account Holder must 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.  Authorized Practitioner Account Holder shall report to Standard Process any customer complaint or adverse claim regarding the Products of which it becomes aware.  Authorized Practitioner Account Holder shall assist Standard Process in investigating any such complaints or adverse claims.  

3.         Intellectual Property.  Authorized Practitioner Account Holder is granted a limited, non-exclusive, non-transferable, revocable license to use the Standard Process brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property associated with the Products (the “Standard Process IP”) solely for the purposes of marketing and selling the Products as set forth herein.  This license will cease upon termination of Authorized Practitioner Account Holder’s status as an Authorized Practitioner Account Holder.  Standard Process reserves the right to review and approve, in its sole discretion, Authorized Practitioner Account Holder’s use or intended use of the Standard Process IP at any time, without limitation.  Authorized Practitioner Account Holder acknowledges that it owns no right, title, or interest in any of the Standard Process IP except as granted herein.

4.         Miscellaneous.  Standard Process reserves the right to audit and/or monitor Authorized Practitioner Account Holder’s activities for compliance with this Resale Policy, including, but not limited to, inspection of Authorized Practitioner Account Holder’s facilities and records concerning the Products.  If Authorized Practitioner Account Holder breaches or threatens to breach any provision of this Resale Policy, it is agreed and understood that Standard Process will have no adequate remedy in money or other damages at law; accordingly, Standard Process shall be entitled to injunctive relief and other equitable remedies, provided, however, no specification in this Resale Policy of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Resale Policy.  No failure, refusal, neglect, delay, waiver, forbearance, or omission by Standard Process to exercise any right(s) herein or to insist upon full compliance by Authorized Practitioner Account Holder with Authorized Practitioner Account Holder’s obligations herein shall constitute a waiver of any provision herein or otherwise limit Standard Process’ right to fully enforce any or all provisions and parts thereof.  If any provision of the Resale Policy is held contrary to law, the remaining provisions shall remain valid.  The Resale Policy and any dispute arising under it shall be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin, without regard to its choice of law rules.  In the event of a dispute over the terms of, or performance under, the Resale Policy, Authorized Practitioner Account Holder expressly submits to personal jurisdiction and venue in the federal or state courts located in Milwaukee County, Wisconsin.


5.         MAP Policy. Standard Process has a unilateral Minimum Advertised Price Policy (“MAP Policy”) that applies to all authorized resellers of Products in the United States of America. This Section is intended to inform Authorized Practitioner Account Holder of the MAP Policy. It does not constitute consideration for any agreement between Authorized Practitioner Account Holder and Standard Process, and does not separately constitute an agreement between Authorized Practitioner Account Holder and Standard Process regarding the price charged to customers for the Products. Standard Process does not seek, nor will it accept, from Authorized Practitioner Account Holder any assurance of compliance with the MAP Policy.

Standard Process Inc.

Healthcare Practitioner Terms and Conditions

  1. Definitions.

    (a) Customer. Means a purchaser of the Standard Process Products who is the ultimate consumer of the Standard Process Products and who does not intend to re­ sell the Standard Process Products to any third party.

    (b) Minimum Advertised Price Policy. Means the then-current Standard Process Minimum Advertised Price Policy (MAP), as may be amended from time to time, a current copy of which has been provided to you and updated copies may be found at www.standardprocess.com/Policy/MAP.

    (c) Resale Policy.Means the then-current Practitioner Resale Policy of Standard Process Inc.®, Standard Process Veterinary Formulas™ and MediHerb® Products, as may be amended by Standard Process from time to time, a current copy of which is available for viewing here https://www.standardprocess.com/Policy/Resale.

    (d) Standard Process Marks. Means Standard Process' (or third parties' used by Standard Process with permission) proprietary trademarks, service marks, trade names, branding, or logos made available for use in connection with this Agreement.

    (e) Standard Process Products. Means those nutritional supplements and other products manufactured and/or sold by Standard Process and made available to you for sale to Customers as determined from time to time by Standard Process in its discretion.

    (f) Suggested List Prices. Means the then-current prices on the price list L5200 or such other place as Standard Process shall publish its suggested prices for end-users of its Products

  2. Sale of Standard Process Products.

    (a) Practitioner Resale Policy. Except as otherwise expressly authorized in writing, your sale of Standard Process Products is subject to the terms and conditions set forth in the Practitioner Resale Policy. You acknowledge that you have read the terms of the Resale Policy and agree to be bound by its terms and conditions. As part of the Resale Policy, you acknowledge that Standard Process Products may not be sold or promoted for sale (i) outside of the United States, (ii) online except as expressly authorized in writing by Standard Process, or (iii) to any person or entity you know or have reason to know intends to re-sell the Standard Process Products.

    (b) Healthcare Decisions and Compliance with Laws. Standard Process is a manufacturer and/or seller of nutritional products, not a health care professional, and as such we do not provide healthcare advice to your Customers or monitor their use of Standard Process Products. To the extent you deem it required or appropriate, it is your responsibility to provide healthcare advice to your Customers, to guide them regarding their purchase decisions and to monitor their use of Standard Process Products. In addition, in connection with your offering or sale of Standard Process Products, you agree to comply with all federal, state, or local laws and regulations relating to such offerings and sales. Without intending to be all-inclusive, it is expressly noted that FDA requirements prohibit disease claims from being associated with dietary supplements. In order to protect you, Customers and Standard Process from potential legal liability, Standard Process Products may not be displayed or mentioned in association with disease claims. Only claims that appear on the Standard Process website (www.standardprocess.com) may be used. As such, product reviews and testimonials must be monitored and must not include disease claims.

    (c) Your Reseller Discount. Unless otherwise modified in writing by Standard Process, your standard order purchase price for the Standard Process Products shall be equal to 50% of the Suggested List Prices. This shall be a net price payable to Standard Process and if paying by credit card, you shall be responsible for all applicable credit card fees. Your purchase price for drop ship and other non-standard orders may vary from the standard order price; for details on this pricing, contact Standard Process customer service.

    (d) Credit Terms. If Standard Process allows you to purchase Standard Process Products on credit (without full payment at the time of purchase), which allowance shall be in Standard Process’ sole discretion, or if your payment is returned or otherwise not completed, the following terms apply:

    1. Set-off rights – In connection with any amounts owed by you to Standard Process and in addition to any rights under applicable laws, Standard Process shall have the right to set off against any funds otherwise owed to you.

    2. Interest – In connection with any amounts owed by you to Standard Process, with such indebtedness existing for at least 30 days, Standard Process shall have the right to also recover from you the lower of 12% annual interest or the maximum interest rate allowed by law.

    (e) MAP Policy. Standard Process has the MAP Policy that applies to all authorized resellers of Standard Process Products in the United States of America. This Section is intended to solely inform you of the MAP Policy. It does not constitute consideration for any agreement between you and Standard Process and does not separately constitute an agreement between you and Standard Process regarding the price charged to customers for the Products. Standard Process does not seek, nor will it accept, from you any assurance of compliance with the MAP Policy.

    (f) Recall: Customer Complaints. If we determine that information has surfaced that may require a recall or market withdrawal of any Standard Process Product, we will advise you of our determination. We shall have the right to control the activities of any recall, and you shall cooperate in all respect with our instructions and requirements related to the recall process and the affected Standard Process Products. You agree to promptly refer to us all Customer or consumer complaints involving the health, safety, quality, composition, or packaging of Standard Process Products, or communications which in any way could be detrimental to the image or reputation of us, and you shall notify us of any governmental, Customer or consumer inquiries regarding the Standard Process Products about which you become aware.

  3. License Grant. Subject to and conditioned on your compliance with all of these Terms and Conditions, we hereby grant you a limited, revocable, non­ exclusive, non-transferable, non-sublicensable license during the term of the Agreement to display or use certain Standard Process Marks in compliance with usage guidelines that we may specify from time to time. You acknowledge that there are no implied licenses granted under this Agreement. We reserve all rights that are not expressly granted, including the right to review and approve, in our sole discretion, your use or intended use of Standard Process Marks, at any time, without limitation. You shall not create, register, or use any domain name or any mobile application that contains any Standard Process product name or any Standard Process Mark, nor a misspelling or confusingly similar variation of any Standard Process product name or any Standard Process Mark. You shall not advertise, market, display, or show non-Standard Process products together with the Standard Process Products in a manner that would create the impression that the non-Standard Process products are made by, endorsed by, or associated with Standard Process.

  4. Intellectual Property Ownership. You acknowledge that, as between you and us, we own all right, title, and interest, including all intellectual property rights, in and to the Standard Process Marks. You will use commercially reasonable efforts to safeguard the Standard Process Marks from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify us if you become aware of any infringement of any intellectual property rights in the Standard Process Marks and will fully cooperate with us, in any legal action taken by us to enforce our intellectual property rights. In addition, except as expressly provided, nothing in this Agreement provides you with any rights or interest in any other intellectual property of Standard Process, including, but not limited to patents, copyrights, and trade secrets.

  5. Indemnification. You agree to indemnify, defend, and hold harmless Standard Process and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all third-party claims and corresponding losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, to the extent arising from or relating to your breach of this Agreement.

  6. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR STANDARD PROCESS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.

  7. Termination. We may immediately terminate or suspend your right to sell Standard Process Products, any other rights granted or assumed by these Terms and Conditions, and/or your licenses under this Agreement, in our sole discretion at any time and for any reason or no reason, by providing notice to you. You may terminate this Agreement at any time by providing notice and ceasing your use of the Standard Process Marks. Upon termination of this Agreement for any reason, all licenses and rights granted to you under this Agreement will also terminate and you must cease using, destroy, and permanently erase from all devices and systems that you directly or indirectly control, all copies of the Standard Process Marks. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement, will survive termination. Termination will not limit any of Standard Process rights or remedies at law or in equity. Upon termination or suspension, Standard Process may choose, in its sole discretion (taking into account such factors as whether or not the termination or suspension was caused by a breach of this Agreement by Provider and whether or not fulfillment would be in accordance with applicable law), to continue to fulfill or decline to fulfill any Customer orders received before such termination or suspension.

  8. Governing Law and Jurisdiction. These Terms and Conditions and any enforcement or other claim relating to them or relating to your sale Standard Process Products or relationship with Standard Process shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Wisconsin. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the state or federal courts located in Milwaukee County, WI, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. In connection with any such judicial proceeding, if the party bringing the action prevails, that party shall be entitled to recover its reasonable costs and expenses (including without limitation attorneys' fees) incurred with respect to those claims upon which it prevails.

  9. Miscellaneous. These Terms and Conditions (and the included or referenced attachments) constitute the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent by electronic mail to sales@standardprocess.com and are deemed given upon receipt by us. Similarly, you hereby consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The right to sell Standard Process Products as a result of accepting these Terms and Conditions is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect.

I agree to comply with the Standard Process Resale Policy and Terms and Conditions.

Standard Process also has a MAP (minimum advertised price) policy. View it here.

 

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*These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.