This Wholesale Agreement ("Agreement") outlines the general terms and conditions under which MetalMark LLC ("Supplier") offers wholesale purchasing to approved wholesale partners ("Wholesaler", "Wholesalers").

Products & pricing

Supplier agrees to sell, and Wholesaler agrees to purchase, Supplier's products ("Products"). Products, pricing, and availability may change over time and are communicated through Supplier's wholesale portal or other official channels. Wholesaler agrees not to advertise or sell Products at prices lower than Supplier’s current MSRP, as this constitutes Supplier's Minimum Advertised Price (MAP) policy.

Minimum Order Quantity (MOQ)

The minimum order amount per purchase placed online is $500.

Payment terms

Wholesaler may remit payment by credit card, debit card, ACH, wire transfer, or other offline methods. Net terms may be granted on a case-by-case basis by prior written approval from Supplier.

Shipping & risk of loss

Supplier will ship Products using an economical method at Supplier’s expense unless otherwise arranged with Wholesaler. Risk of loss transfers to Wholesaler upon delivery.

Returns & damaged goods

Wholesaler must inspect all shipments within 7 days of delivery. Returns are only accepted for damaged or defective goods reported within that period. No restocking fee will apply.

Brand representation

Wholesaler agrees to use Supplier-provided brand assets in accordance with Supplier's brand guidelines. Wholesaler shall not purchase or bid on digital advertising keywords, search terms, or other identifiers that include Supplier's trademarks, product names, or brand terms without written permission. This includes, but is not limited to, Google Ads, Bing Ads, and social media platforms.

Wholesaler is further prohibited from advertising Supplier’s products on designated channels where Supplier maintains exclusive brand presence or strategic marketing control, including Facebook and Instagram, unless explicitly approved in writing by Supplier.

Wholesaler agrees to use Supplier-provided brand assets in accordance with Supplier's brand guidelines. Products may not be sold on public marketplaces (e.g., Amazon, eBay). Products may only be sold on digital or physical storefronts owned or controlled by Wholesaler. Other sales channels may be approved in writing by Supplier on a case-by-case basis.

Term & termination

Supplier reserves the right to modify or terminate this Agreement, or revoke wholesale privileges, at any time and for any reason, including violation of these terms. Updates to this Agreement will be posted publicly, and continued wholesale purchasing constitutes acceptance of the updated terms.

Confidentiality & IP

All confidential information, including pricing and product development, must be kept strictly confidential. All trademarks, copyrights, and intellectual property (IP) remain the property of Supplier.

Governing law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, in Travis County.

Scope

This Agreement outlines the general terms and conditions applicable to all wholesale relationships with MetalMark LLC.