Wholesale Terms

This Agreement is between the Wholesale Customer (“CUSTOMER”) and MISS MAHJONG.

In consideration of the mutual promises and covenants herein, MISS MAHJONG and CUSTOMER (“Parties”) do hereby agree as follows:
  • MISS MAHJONG is a producer and retailer of mahjong tile sets and accessories, which are marketed under the MISS MAHJONG product line and brand name (“Products”), and the Products are exclusively distributed through MISS MAHJONG managed channels.
  • CUSTOMER shall not disclose to any other party or entity MISS MAHJONG pricing or supply MISS MAHJONG products to any re-sellers or retailers.
  • CUSTOMER wishes to purchase from MISS MAHJONG and MISS MAHJONG wishes to supply to CUSTOMER, the Products for the benefit of CUSTOMER’s Mahjong teacher business.
  • It is required that MISS MAHJONG prohibit CUSTOMER from any and all Internet sales of MISS MAHJONG Products, and CUSTOMER acknowledges, understands, agrees to MISS MAHJONG's 'No Internet Sales Policy', and has also informed all co-owners and staff members of this policy. Failure to follow this policy will result in immediate termination of all sales to CUSTOMER.
  • Customer will not change the name, pricing or description of MISS MAHJONG products.

 

MISS MAHJONG and CUSTOMER (“Parties”) agree as follows:

 

1. PURCHASE AND SUPPLY

MISS MAHJONG will sell to CUSTOMER, and CUSTOMER shall, from time to time, purchase the Products from MISS MAHJONG. CUSTOMER will only sell or provide MISS MAHJONG products to end users, and CUSTOMER will not supply MISS MAHJONG products to any re-sellers or retailers, including, but not limited to, any website including instagram.com, etsy.com, amazon.com, and ebay.com.

 

2. CUSTOMER'S QUALIFICATIONS


At the time of any wholesale purchase, CUSTOMER shall be hosting in-person Mahjong events and/or trainings.


3. NO INTERNET SALES POLICY


As a material condition to this Agreement, CUSTOMER must agree to MISS MAHJONG’ ‘No Internet Sales Policy.’ The terms and conditions of MISS MAHJONG’ No Internet Sales Policy are hereby adopted. CUSTOMER agrees that it will not resell, sell, make any reference to prices/pricing, display MISS MAHJONG images, trademarks, coupon codes or distribute any of the products using the internet, any internet device or other electronic medium or device.

CUSTOMER may, however, refer to MISS MAHJONG and the Products on its Internet Site and may include a link to MISS MAHJONG’ website in the form of a standard web link (i.e. MissMahjong.com). CUSTOMER shall abide by this Policy and any modifications that may, from time to time, be implemented by MISS MAHJONG.


4. TERMINATION AND LIQUIDATED DAMAGES


This Agreement may be terminated by either party at any time, with or without cause. CUSTOMER’s failure to comply with the terms of this Agreement and/or MISS MAHJONG’s No Internet Sales Policy is a breach of contract, resulting in immediate termination of CUSTOMER’s right to purchase any Products. MISS MAHJONG reserves the right to enforce its statutory rights to recover damages against Customer for trademark infringement and the like.


5. ENFORCEABILITY, CHOICE OF LAW, VENUE, AND JURISDICTION


Failure to enforce any of the terms and conditions of this Agreement shall not be deemed a waiver of such terms or conditions, or of future rights to enforce all terms and conditions. Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of Kansas. Jurisdiction and venue shall rest exclusively in Sedgwick County, Kansas. Each party waives any and all rights to object to jurisdiction and venue in Sedgwick County, Kansas. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other legal or equitable relief to which such party may be entitled.