Authorized Retailer Terms & Conditions
To protect the P-Safe™ brand and brands whose products bear the P-Safe Certified™ trustmark reputations for providing products that are safe to use while pregnant, P-Safe Products LLC, dba P-Safe™ (“P-Safe™”) has established these Authorized Retailer Terms & Conditions which apply to authorized retailers of The Brands' products. By selling products bearing the P-Safe Certified™ trustmark, retailers are subject to the following terms. Please read these carefully.
- Certification Integrity: Retailers must ensure only products with valid P-Safe™ certification are marketed alongside the P-Safe Certified™ trustmark.
- Adherence to Brand Policies: Retailers must comply with the Authorized Retailer Terms & Conditions set by the brand whose P-Safe Certified™ products they sell.
- Inspection and Quality Control: Retailers are required to follow the brand’s guidelines for product inspection, quality control, and handling to ensure product integrity.
- Trademark Usage and Material Differences: The P-Safe Certified™ trustmark indicates adherence to specific standards set by P-Safe™ and our certified brands. Please be aware that products purchased through unauthorized sellers may not come with certain significant benefits that are available when buying through authorized channels. Such benefits include, but are not limited to; manufacturer warranties, guarantees and specific assurances such as the P-Safe Certified™ status. Furthermore, products sold by unauthorized sellers may not eligible for product recalls and other safety notices. It is important to note that such products are considered materially different from those sold through authorized retailers and, as a result, are not protected by the First Sale Doctrine. These policies are in place to ensure that consumers purchasing from authorized retailers receive the full benefits, guarantees, and safety assurances that come with P-Safe Certified™ products.
- Trademark Enforcement: In recognition of the unique nature of intellectual property and the irreparable harm that may result from its unauthorized use, P-Safe™ and our certified brands reserve the right to seek injunctive relief or other equitable remedies in any legal jurisdiction in the event of a breach of its intellectual property rights. This includes, but is not limited to, the unauthorized use, reproduction, or distribution of any P-Safe Certified™ products, trademarks, or proprietary information. Such actions may cause significant damage to P-Safe™ and its brands, for which monetary compensation alone may not be a sufficient remedy. Consequently, P-Safe™ shall be entitled, without the requirement of posting a bond or other security, to seek and obtain such injunctive or equitable relief as may be deemed necessary to uphold its rights and interests.
- General Provisions: P-Safe™ retains the authority to revise, alter, or modify these Terms & Conditions periodically, notifying Authorized Retailers through written or digital communication. Adjustments made to the Terms & Conditions shall be effective immediately upon notification, unless specified otherwise. By continuing the usage, promotion, sale, or distribution of P-Safe Certified™ products, or by utilizing the intellectual property and other resources provided by P-Safe™ subsequent to such notification, Retailer implies consent to these revisions. Any waiver pertaining to a breach of any term hereunder does not imply a waiver of any other breach, whether previous, simultaneous, or subsequent. Such a waiver is only valid if expressly documented in writing. In the event that any clause within these Terms & Conditions is deemed unenforceable or invalid by a competent legal authority, the remaining clauses shall persist in their full effect. Specific clauses designated to survive the conclusion or cessation of these Terms will continue in effect post-termination, inclusive of intellectual property rights and obligations of confidentiality. BOTH PARTIES HEREIN VOLUNTARILY AND IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY DISPUTE OR LEGAL PROCEEDING ARISING FROM OR RELATED TO THESE TERMS & CONDITIONS. This includes disputes or actions originating from contractual obligations, tortuous acts, or any other legal bases. This waiver is a conscious decision by both parties, acknowledging the relinquishment of certain legal rights in this regard.