Effective as of January 2019, SodaStream unilaterally implemented this Third-Party E-Commerce Distribution Policy (“Policy”), applicable to all of SodaStream’s resellers—including retailers, distributors and wholesalers—in the United States (“Resellers”).
This Policy is designed to help preserve SodaStream’s strong reputation for providing consumers safe and quality lifestyle products, protect the SodaStream brand, and ensure compliance with SodaStream’s standards, as well as ensure the safety and wellbeing of SodaStream’s consumers.
SodaStream appreciates the efforts of all its Resellers to sell SodaStream’s products and support SodaStream’s consumers in a manner that upholds SodaStream’s quality and safety standards.
This Policy shall operate under the following provisions:
- SodaStream has the right to choose its business partners including its Resellers.
- This Policy is being implemented unilaterally and is nonnegotiable.
- SodaStream may modify this Policy at any time at its sole discretion.
- Resellers must adhere to this Policy at all times.
- Resellers shall not, either directly or indirectly, sell, distribute or offer for sale any SodaStream products on third-party e-commerce websites, without SodaStream’s prior written authorization. This Policy does not prohibit a Reseller from selling SodaStream products on its own website.
- The sale or of any SodaStream products through third-party e-commerce websites without SodaStream’s prior written authorization shall constitute a violation of this Policy.
- In the event of violation by a Reseller of this Policy, SodaStream shall issue a written warning to the offending Reseller regarding the violation and provide a window to cure the violation.
- SodaStream maintains the right to refuse to deal with or supply or to limit the sale to any Reseller if it is determined that the Reseller has violated this Policy and sold SodaStream products on third-party e-commerce websites without SodaStream’s prior written authorization, and failed to cure such violation. In such case SodaStream may cease to deal with or supply to that Reseller, beyond the fulfillment of existing orders.
- To the extent there is any conflict between the provisions of this Policy and the terms of any other agreement between SodaStream and a Reseller, the provisions of this Policy shall prevail.
- SodaStream explicitly reserves all rights and remedies available under the law. This Policy does not afford any rights to any third parties.