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Conditions of Use

Following are Bad Kitty® Wholesale & Bad Kitty® Inc.'s ("Bad Kitty®") terms and conditions of use that shall apply to "Resellers" who purchase Bad Kitty® products at wholesale solely for the purposes of resale to the public. Sales to Resellers are limited to bona fide commercial retailers whose status as a bona fide retailer must be verified to Bad Kitty®'s satisfaction. Verification may include photographs of Reseller's store, a government wholesale seller permit, Federal Tax ID, Business License or any other applicable documentation. Reseller agrees that it shall not sell Bad Kitty® products for less than ten percent below the Bad Kitty® MSRP without Bad Kitty®'s prior written consent. Reseller agrees that it is forbidden to sell Bad Kitty ® products on wholesale basis to other retailers. Bad Kitty® reserves the right to terminate the account of any Reseller who in Bad Kitty®'s sole opinion, diminishes Bad Kitty ®'s brand or image because of the way Products are sold, priced, serviced, depicted or represented.

Online Sales & MAP Pricing

Resellers may offer for sale Bad Kitty ® products on their company website, however Reseller agrees that it will NOT engage in, directly or indirectly, any sales of Bad Kitty ® products on eBay, Amazon or other auction or similar group buying and/or discount websites. Reseller also agrees to list the Bad Kitty products on their website/newsletter/in-store at no more than 10% discount from stated MSRP of the products. In addition to any other remedies Bad Kitty ® may have, Reseller authorizes Bad Kitty ® to retroactive charge Reseller the difference between the wholesale price paid and the retail price, plus applicable taxes, of all items purchased if it is determined that Reseller is engaging in unauthorized online sales of Bad Kitty ® products.


Typographical Errors

In the event that a Bad Kitty ® product is mistakenly listed at an incorrect price, Bad Kitty ® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Bad Kitty ® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bad Kitty ® shall issue a credit to your credit card account in the amount of the incorrect price.

Intellectual Property

Reseller acknowledges that the name "Bad Kitty ®," all text and graphics on Bad Kitty ® web pages, and all photographs of Bad Kitty ® modeled clothing are the exclusive intellectual property of Bad Kitty ®. Permission is granted to Resellers to use Bad Kitty ® photographs, graphics and text solely in connection with the retailing of Bad Kitty ® products and only when there is clear attribution to Bad Kitty ®. Bad Kitty ® intellectual property shall not be used to promote other brands of apparel or other products. Reseller agrees to exercise extra care to prevent non-Bad Kitty ® products from being associated with or attributed to Bad Kitty ®. Reseller agrees that it shall not use any confusingly similar trademarks or trade names as "Bad Kitty ®." Upon request, Reseller agrees to provide Bad Kitty ® with examples of its usage of Bad Kitty ® text, graphics, or photos.

Orders/Payments

All orders are subject to Bad Kitty ®'s approval. Unless otherwise agreed in writing in advance by an officer of Bad Kitty ®, Reseller must make payment for all orders in US dollars prior to shipment. Bad Kitty ® accepts the following forms of payment: Pay Pal; Visa; Master Card; American Express; Discover; bank wire ($20 fee); or any other financial transfer instrument agreed to in advance. Bad Kitty ® will charge required local and state taxes for Arizona Resellers if not provided with a current Arizona issued Resale certificate. Reseller is solely responsible for sales and all other taxes associated with the order, except for taxes on Bad Kitty ®'s net income.

Pricing Policy

Bad Kitty ® Prices are quoted at the time of an order or in the Invoice and are good for ten days. Prices may change at any time without prior notice. Products are available on a first come, first buy basis and are not guaranteed to be in stock. A minimum of $150 per order is required at BadKittyWholesale.com. Bad Kitty ® reserves the right to change this number at any time. Resellers may be required to order certain products to maintain Reseller status with Bad Kitty ®.

Shipments

In Stock Orders are shipped within 48-72 business hours of receipt of payment and will arrive in 5-7 business days from shipping date for domestic orders. This is an approximate time frame. International orders may take longer than 6-12 business days to arrive due to holds placed at customs and have an automatic 72 hour processing time. You may call or email us at any time to find the status of the existing order. Items are shipped via UPS from Arizona at Reseller's expense. Shipping to the lower 48 states is standard ground or USPS Priority. Expediting shipping is available for some orders. Please contact us directly for expedited shipping options and fees. Bad Kitty ® reserves the right to choose the shipping carrier at anytime. UPS WILL NOT DELIVER TO P.O. BOXES. Reseller agrees that Bad Kitty ® will not be responsible any delivery loss or damage. (For international orders, confirm shipping methods in advance.) For more Details on Shipping please see view our Shipping Page

Inspection and Acceptance

All sales are final. You agree to inspect the Products promptly upon receipt. Only defective Products may be returned for exact exchange or credit. You shall notify us in writing of any shortage, nonconformity or defect or other claim within 5 days after delivery of the Products, otherwise you will be deemed to have accepted the Products and waive any rights to reject them. Bad Kitty ® is not responsible for Products lost or damaged in transit. Reseller should obtain its own shipping insurance. No claims will be honored without proper notification. No returns will be accepted without prior RMA authorization with Bad Kitty ®. Without limiting the foregoing, returns shall not be accepted for any Products which have been worn, subject to improper storage, maintenance, alteration or other misuse, or to the extent damage or loss results as a consequence of subsequent shipment by you. Your sole remedy, for breach of this agreement or otherwise, is to return the defective Products to us and our only obligation, upon receipt and inspection of said Products at our facility, is, at our option, to either replace such non-conforming Products or to refund or credit the price paid by you for such non-conforming Products.

Term Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Bad Kitty ® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Bad Kitty ® may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Bad Kitty ®.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Bad Kitty ® products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Bad Kitty ® products) must be commenced within one (1) year after the claim or cause of action arises. Bad Kitty ®'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Bad Kitty ® may assign its rights and duties under this Agreement to any party at any time without notice to you.

Reseller Representations

Reseller agrees that it shall not represent that there is any relationship between Reseller and Bad Kitty ® other than wholesale supplier relationship defined by this agreement. Reseller further agrees that it will not misrepresent, intentionally or unintentionally, any information about Bad Kitty ® or its products.

Warranties, Disclaimers

Bad Kitty ® MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE. Refund of price paid or replacement of product is the exclusive remedy agreed to by Reseller. Bad Kitty ® SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THESE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Bad Kitty ® DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART THEREOF, AND ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Participation Disclaimer

Bad Kitty ® does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Bad Kitty ® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Bad Kitty ® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Bad Kitty ® in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Bad Kitty ®, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Bad Kitty ® may link to sites operated by third parties. However, even if the third party is affiliated with Bad Kitty ®, Bad Kitty ® has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Bad Kitty ®. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Bad Kitty ® seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Limitation of Liability

RESELLER AGREES THAT Bad Kitty ® SHALL NOT BE LIABLE BEYOND THE REMEDIES SET FORTH HEREIN, OR FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Changes to these Terms and Conditions

These terms and conditions may not be altered, supplemented, or amended by the use of any Reseller document(s). Any attempt by Reseller to alter, supplement or amend these terms and conditions or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Reseller and Bad Kitty ®. Bad Kitty ® reserves the right to amend its terms and conditions from time to time with such amendments to apply to all orders received on or after the time of posting the amendments on Bad Kitty ®'s Internet website.

Inquiries

If you are not currently a Reseller and wish to speak with someone at Bad Kitty ® about becoming a Reseller, email us via the Contact Us page. If you are already a Reseller and wish to inquire about an order already placed or received, please either check your account after loging in or e-mail us.

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