Authorized Online Reseller Policy | Coolaroo

Authorized Online Reseller Policy

Updated as of March 1, 2024

GALE Pacific Limited (GALE) is a trusted leading global marketer and manufacturer of branded technical fabric and shading products for various domestic, commercial, and industrial applications. GALE Pacific invented high density polyethylene (HDPE) shade fabrics in the 1970s and is today a leading global manufacturer of advanced polymer fabrics including knitted and woven HDPE and polypropylene (PP) outdoor fabrics, coated HDPE and PP fabrics and PP coated mesh fabrics. The Company's outdoor retail consumer products are currently marketed worldwide under the 'Coolaroo' brand.

GALE Pacific recognizes the value to consumers of a retail distribution network that stocks, promotes, and supports GALE Pacific Products. To ensure GALE Pacific’s consumers continue to receive a holistic quality product experience with outstanding customer service and support, GALE Pacific sells GALE Pacific Products only through authorized brick & mortar as well as online distribution channels. To maintain the integrity of the authorized distribution channels, GALE Pacific has implemented an authorized online reseller policy (the “Authorized Online Reseller Policy”) to address online reselling of GALE Pacific Products.

GALE Pacific hereby adopts this Authorized Online Resale Policy (this “Policy”) and requires each person, firm, or entity (as applicable, a “Reseller”) who purchases GALE Pacific’s products (the “Products”) for resale or other distribution agree to comply with this Policy.

Any Reseller that fails to comply with this Policy will be deemed an unauthorized reseller of the Products, and as such, shall have no right to: (i) sell the Products, (ii) use GALE Pacific’s intellectual property, including any of its trademarks or copyrights, or (iii) offer GALE Pacific’s consumer warranty applicable to any of the Products.

  1. Applicability. This Policy applies to all online resales of the Products. Regardless as to where the Products were acquired, either directly from GALE Pacific, through an authorized distributor, or some other procurement method, a Reseller must comply with the terms of this Policy.

    “Resellers” shall include (i) any of GALE Pacific’s direct customers, including distributors (“Direct Customers”); (ii) any retail customer supplied GALE Pacific Products by any Direct Customer and who has entered into an Authorized Retailer Program Agreement with GALE Pacific. No other reseller is authorized to resell GALE Pacific Products.
     
  2. Sales to End Users Only. Unless otherwise agreed with GALE Pacific in writing, Reseller may only purchase Products for resale to consumers and end usercustomers, and Reseller may not resell Products to other Resellers, distributors or for further distribution in any manner.
     
  3. No Sales on Online Marketplaces. Authorized Resellers shall not directly, or indirectly offer Products for sale on or through a third-party retail website, online marketplace, or action site, or any comparable website, or on or through any marketing website affiliated with any such site, without express written consent by GALE Pacific. Examples of such online marketplaces include amazon.com, eBay.com, Walmart.com, Rakuten.com, etc.
     
  4. Intellectual Property. Authorized Resellers acknowledge that all GALE Pacific’s Intellectual Property rights (as defined below) are the sole and exclusive property of GALE Pacific. GALE Pacific’s Intellectual Property includes, but is not limited to, all GALE Pacific brands, names, logos, trademarks, service marks, trade dress, copyrights, and other intellectual property. Authorized Resellers understand they do not have any proprietary rights to GALE Pacific trademarks or other intellectual property but are authorized to use GALE Pacific trademarks, copyrights, images, and product information for the sole purpose of reselling GALE Pacific’s Products.
     
  5. Unauthorized Sellers. Resellers who are found to be unauthorized shall be in violation of this Policy. GALE Pacific reserves the right to take enforcement action against the unauthorized resale of its Products.
     
  6. Policy Violations. In addition to all other available remedies under the law, sales in violation of this Policy or Authorized Reseller Agreement may result in immediate revocation of Authorized Resellers’ status. Upon revocation or termination, Authorized Resellers shall immediately cease the resale of Products.
     
  7. Subject to Change. The Reseller Policy is a unilateral policy issued by GALE Pacific and is subject to change at any time in GALE Pacific’s sole discretion.

 

If you have any questions about this Reseller Policy, please contact authorizedreseller@galepacific.com