Authorised Reseller
Agreement

The BallCapBuddy Authorised Reseller Program(“Program”) enables approved third-party businesses to purchase and resell BallCapBuddy Products through designated channels. Only participants who have received written approval from BallCapBuddymay represent themselves as “Authorised Resellers” or use BallCapBuddy’s intellectual property in connection with their resale activities.

This Authorised Reseller Agreement (“Agreement”) is entered into between BallCapBuddy(“the Company,” “we,” “us,” “our”) and the approved applicant (“Reseller,” “you,” “your”) and supplements the Company’s general Consumer Terms & Policies, which continue to apply where relevant. In case of conflict between the two documents, this Agreement prevails for reseller-specific matters.

Eligibility requirements

To be eligible to apply, you must:

• Be a legally registered business entity (sole trader, partnership, or limited company) with a valid commercial registration in your country of operation;
• Have an established, legitimate sales platform (physical retail, e-commerce site, or other approved channel);
• Comply with all applicable laws in your jurisdiction, including consumer protection, VAT/tax, data protection, and product safety regulations;
• Not be a direct competitor selling substantially similar cap preservation products;
• Not be subject to any sanction, debarment, or trade restriction under applicable law;
• Have no prior BallCapBuddy reseller agreement that was terminated for cause.

Application process

Applications are submitted via the Company’s online reseller portal at ballcapbuddy.com/reseller/register. The application must include accurate information about your business, proposed sales channels, and estimated volume. Submitting an application constitutes your acceptance of this Agreement.

Approval

The Company has sole and absolute discretion to approve or reject any application. We are under no obligation to provide reasons for rejection. Approval of one application does not create any obligation to approve future applications from the same entity. Approval is effective only upon receipt of a written confirmation from the Company.

Changes to business information

You must promptly notify us of any material changes to your business, including change of ownership, legal structure, registered address, primary sales channels, or regulatory status. Failure to notify may result in immediate suspension or termination.

What authorised reseller status means

Upon approval, you receive the non-exclusive right to purchase BallCapBuddy Products at wholesale pricing and resell them to end consumers through your approved channels, subject at all times to this Agreement.

What it does not mean

• You are not an agent, employee, partner, or legal representative of the Company;
• You are not authorised to make any commitments, representations, or warranties on behalf of the Company;
• You are not granted exclusivity for any territory or channel unless explicitly confirmed in writing by an authorised officer of the Company;
• You are not guaranteed any particular pricing tier, product allocation, or sales volume;
• Reseller status is personal and non-transferable — it cannot be assigned, subcontracted, or inherited by a third party without written Company consent.

Independent contractor

The relationship between you and the Company is that of independent contractors. Nothing in this Agreement creates any employment, agency, joint venture, or partnership relationship. You have no authority to bind the Company in any way.

BallCapBuddy publishes a Recommended Retail Price (RRP) for each Product. The RRP is communicated to Resellers at the time of approval and updated as Products change.

Freedom to price

In accordance with EU competition law (Article 101 TFEU and national implementing legislation), the Company does not fix or mandate resale prices. You are free to set your own retail prices. The RRP is a recommendation only and is not a minimum or maximum binding price.

Brand value consideration

While you have freedom to price as you see fit, the Company reserves the right to review and, where necessary, restrict or terminate a Reseller relationship where persistent and substantial deviation from the RRP is deemed to cause material harm to the brand, other authorised resellers, or the end-consumer experience. Any such action will comply with applicable competition law.

Promotional pricing

You may offer time-limited promotional discounts without prior consent, provided such promotions clearly indicate they are temporary and do not imply a permanent reduction in product value. Any promotion that references a “sale” price must comply with applicable rules on reference pricing in your jurisdiction.

Channel declaration

You must declare all proposed sales channels in your application. Use of any channel not approved at the time of application requires prior written consent from the Company.

Online marketplace restrictions

Listing or selling BallCapBuddy Products on third-party online marketplaces (including Amazon, eBay, Bol.com, Zalando, or any equivalent platform) requires specific, written prior approval from the Company for each marketplace. Approval for one marketplace does not constitute approval for others.

Where marketplace selling is approved, you must:

• Use only Company-approved product listings, images, and descriptions;
• Ensure your seller account is in good standing with the platform;
• Immediately remove listings upon any termination of this Agreement;
• Maintain a seller feedback rating consistent with a professional reseller (below 95% positive feedback on any major marketplace may result in channel revocation).

Prohibited channels

• Auction platforms (unless specifically approved);
• Liquidation, clearance, or distressed-goods channels;
• Channels targeting sanctioned countries or entities;
• Social media “live selling” on platforms with known counterfeit issues (subject to specific written approval);
• Any channel that does not allow the Company to identify the end consumer for warranty or recall purposes where required by law.

Brand assets

You may only use brand assets (logos, product images, slogans, trade dress) that are provided or expressly approved by the Company. All current brand assets are made available through the reseller portal. Use of any unapproved, modified, or outdated asset is prohibited.

Mandatory designation

All marketing materials, product listings, and storefront signage must include the designation “Authorised BallCapBuddy Reseller” in a clear and legible manner where you represent an official relationship with the brand.

Prohibited claims

• You may not make any product claims that are not supported by Company-provided materials;
• Health or medical claims about Products are strictly prohibited;
• You may not claim exclusivity of supply, distribution, or territory unless confirmed in writing by the Company;
• You may not use BallCapBuddy’s name or marks to imply endorsement of your business generally (only of your status as an authorised reseller);
• You may not make comparative advertising claims against competitor products without prior written approval;
• You may not use customer testimonials or reviews supplied by the Company in a misleading way.

Right to review

The Company reserves the right to request copies of your marketing materials at any time and to require you to amend or withdraw materials that do not comply with this Agreement. You must comply with such requests within 5 business days.

Social media

You may reference your status as an authorised reseller on social media and in digital advertising, provided all content complies with this Agreement and applicable advertising standards. Paid advertisements using BallCapBuddy brand keywords require prior written approval.

Licence grant

Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to use the BallCapBuddy trademarks, logos, and approved marketing materials (“Marks”) solely for the purpose of advertising and selling authorised Products through approved channels during the term of this Agreement.

Restrictions

• You may not sublicence, transfer, or otherwise permit any third party to use the Marks;
• You may not alter, modify, distort, animate, or otherwise manipulate the Marks;
• You may not incorporate the Marks into your own brand, company name, or domain name;
• You may not register any trademark, domain name, social media handle, or company name that incorporates or is confusingly similar to any Mark;
• You may not use the Marks in a manner that, in the Company’s reasonable opinion, is likely to diminish or damage the reputation of BallCapBuddy;
• You must include the appropriate ™ or ® symbol with each use of the Marks as directed by the Company.

Goodwill

All goodwill generated by your use of the Marks inures exclusively to the benefit of the Company. You acquire no proprietary rights in the Marks through your use of them.

Notification of infringement

You agree to promptly notify the Company of any actual or suspected infringement of the Marks or unauthorised use of BallCapBuddy Products of which you become aware. The Company has sole authority to decide whether and how to pursue such infringement.

Authorised supply chain

You must source all BallCapBuddy Products exclusively from the Company itself or from an authorised distributor expressly designated in writing by the Company. Purchase of Products from any other source — including secondary markets, third-party resellers, or online marketplaces — for the purpose of resale is strictly prohibited and constitutes grounds for immediate termination.

No grey market

You may not purchase Products in a territory where they are priced lower in order to resell them in another territory (parallel imports / grey market activity). You may not sell Products to any party known or suspected to engage in such activities.

Product integrity

• Products must be sold in their original, unmodified condition;
• You may not repackage, relabel, rebrand, or alter Products in any way;
• You may not remove, alter, or obscure any serial number, batch code, or safety labelling;
• You may not combine BallCapBuddy Products with third-party products in a bundle without prior written consent.

Product recalls

In the event of a product safety issue or recall, you must immediately cease salesof affected Products, notify the Company of all affected units in your possession or sold to customers, and cooperate fully with the recall process at your cost.

Audit rights

The Company reserves the right, upon reasonable notice, to audit your supply chain records, inventory, and sales records to verify compliance with this section. You must maintain procurement documentation for a minimum of 3 years and provide it upon request.

Customer service

You are responsible for providing professional customer service to all customers to whom you sell Products. This includes handling queries, complaints, and returns in a timely and professional manner consistent with applicable consumer law in your jurisdiction.

Return policy

You must offer customers a return policy that complies at minimum with applicable local consumer law. You may offer a more generous return policy but may not offer less than the statutory minimum. Customers returning products through you are entitled to the Company’s manufacturer warranty regardless of the channel of purchase.

Accurate product information

All product listings, descriptions, and specifications must accurately reflect the current, Company-provided product information. You are responsible for updating listings when the Company notifies you of product changes.

Compliance

• Maintain all licences, permits, and registrations required to operate your business;
• Comply with all applicable consumer protection, advertising, data protection, and tax laws;
• Collect and remit all applicable taxes, including VAT, on your sales;
• Maintain appropriate business insurance covering your resale activities.

Record keeping

Maintain accurate sales records (including customer details for warranty and recall purposes where legally required) for a minimum of 3 years from the date of each transaction.

You are strictly prohibited from:

• Counterfeiting or misrepresentation: Selling counterfeit, imitation, or materially non-conforming products as genuine BallCapBuddy Products;
• False advertising: Making false or misleading claims about Products or your relationship with BallCapBuddy;
• Deceptive pricing: Using inflated “was” prices, false MSRP references, or misleading “sale” pricing that violates applicable consumer law;
• Brand disparagement: Making negative, misleading, or damaging statements about BallCapBuddy, its Products, its employees, or other authorised resellers;
• Unauthorised warranties: Offering extended warranties, guarantees, or representations about Products beyond those provided in Company materials;
• Unapproved channel use: Selling through channels not approved under § 5;
• Grey market activity: Sourcing or distributing Products in violation of § 8;
• IP violations: Using the Marks in any manner not authorised under § 7;
• Product modification: Altering, disassembling, or reverse-engineering Products;
• Sanctioned trade: Selling to buyers in sanctioned countries or to individuals on applicable sanctions lists;
• Corruption: Engaging in bribery, kickbacks, or any form of corrupt practice in connection with the Company or the Program;
• Data misuse: Using customer personal data obtained through sales of BallCapBuddy Products for any purpose other than fulfilment of those orders and compliance with law.

Wholesale pricing

Wholesale pricing is communicated separately in writing and is confidential(see § 17). Pricing is subject to change with 30 days’ written notice. Price changes will not affect orders that have already been confirmed by the Company.

Payment terms

Unless otherwise agreed in writing, payment is due in full at time of order. Where a credit arrangement is agreed separately, invoices are due net 30 days from invoice date. Late payments accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, if lower) on the outstanding balance from the due date.

Taxes

You are solely responsible for calculating, collecting, and remitting all applicable taxes (including VAT, sales tax, customs duties, and import levies) in connection with your sales of Products. The Company’s wholesale prices are exclusive of applicable taxes unless explicitly stated otherwise.

No guaranteed revenue

The Company makes no representation or warranty regarding the sales volume, revenue, or profit you may realise as a Reseller. The Program is offered without any guarantee of commercial success. Inventory purchased is entirely at your risk.

No set-off

You may not withhold or set off any amounts owed to the Company against any claim you may have against the Company without prior written consent.

Term

This Agreement is effective from the date of written approval and continues indefinitely until terminated in accordance with this section.

Termination without cause

Either party may terminate this Agreement without cause by providing 30 days’ written notice to the other party. During the notice period, obligations under this Agreement remain in effect.

Termination for cause

The Company may terminate this Agreement immediately, without notice or liability, upon the occurrence of any of the following:

• Material breach of any provision of this Agreement that is not remedied within 7 days of written notice (where capable of remedy);
• Repeated or egregious violations of § 5 (approved channels), § 6 (brand standards), § 8 (product authenticity), or § 10 (prohibited practices);
• Use of BallCapBuddy’s intellectual property in breach of § 7;
• Any act of fraud, dishonesty, or wilful misconduct in connection with this Agreement;
• Failure to pay any undisputed amount when due;
• Insolvency, administration, liquidation, or appointment of a receiver or equivalent proceedings;
• Material change of ownership or control without prior written consent;
• Any act that, in the Company’s reasonable opinion, brings or is likely to bring the BallCapBuddy brand into disrepute;
• Violation of applicable sanctions, export control, or anti-corruption law;
• Providing materially false information in your application or during the term of this Agreement.

Suspension

In addition to termination, the Company may suspend your reseller status at any time pending investigation of a suspected breach. No wholesale orders will be processed during a suspension period.

Upon termination of this Agreement for any reason:

• Immediate cessation: You must immediately cease all use of the Marks and remove all references to your status as an authorised reseller from all channels, listings, and materials;
• Listing removal: Remove all product listings from all online platforms within 72 hours of termination;
• Existing inventory: You may sell remaining inventory of genuine Products for a period of up to 30 days following termination, provided you comply with all remaining obligations under this Agreement and do not make any reference to authorised reseller status;
• Return of materials: Return or destroy all Company-owned materials, brand assets, and confidential information at the Company’s direction within 14 days;
• Customer obligations: Honour all customer orders placed before termination and manage any related returns or warranty claims;
• Outstanding payments: All outstanding invoices become immediately due and payable;
• Confidentiality: Confidentiality obligations (§ 17) survive termination;
• Non-solicitation: For a period of 12 months following termination, you will not actively solicit BallCapBuddy’s customers (those identified as such through your reseller relationship) for the purpose of selling competing cap preservation products.

You represent and warrant to the Company, as of the date of application and on a continuing basis throughout the term, that:

• You are a legally registered business entity validly existing under the laws of your jurisdiction;
• You have full power and authority to enter into and perform this Agreement;
• This Agreement does not conflict with any existing obligation or agreement to which you are a party;
• All information provided in your application and throughout the term is and will remain accurate and complete;
• You will conduct your business in compliance with all applicable laws;
• You are not subject to any sanction, export restriction, or government debarment;
• You maintain, and will maintain, all necessary licences, permits, and registrations to operate your business and resell Products;
• Your business has the financial capacity to fulfil its obligations under this Agreement.

The Company’s maximum aggregate liability for all claims under this Agreement shall not exceed the total wholesale fees paid by you to the Company in the 6 months immediately preceding the event giving rise to the claim.

No guaranteed sales or revenue

The Company expressly disclaims any liability for your failure to achieve any sales target or projected revenue. All commercial risk associated with your resale business is borne entirely by you.

Mandatory law

Nothing in this section excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be lawfully excluded under applicable law.

You agree to indemnify, defend, and hold harmless BallCapBuddy and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your breach of any provision of this Agreement;
• Your marketing, advertising, or sales practices;
• Any misrepresentation you make to customers or third parties regarding the Products or the Company;
• Your violation of any applicable law or third-party right (including intellectual property rights);
• Any product liability claim arising from modifications you made to the Products;
• Any tax, VAT, or customs duty liability arising from your sales;
• Claims by your employees, subcontractors, or agents.

This indemnification obligation will not apply to the extent a claim is directly caused by the Company’s own negligence or wilful misconduct.

Confidential information

“Confidential Information” means all non-public information disclosed by the Company to you in connection with the Program, including without limitation: wholesale pricing, product roadmaps, reseller programme terms, margin structures, customer lists, and business strategies.

Obligations

You must:

• Keep all Confidential Information strictly confidential;
• Use Confidential Information only for the purposes of performing your obligations under this Agreement;
• Not disclose Confidential Information to any third party without prior written consent, except to employees or professional advisors who have a need to know and are bound by equivalent confidentiality obligations;
• Implement reasonable technical and organisational measures to protect Confidential Information from unauthorised access or disclosure.

Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known other than through your breach; (b) was rightfully known to you before disclosure without restriction; (c) is independently developed by you without use of Confidential Information; or (d) you are required to disclose by law or regulation, provided you give the Company prompt written notice (where lawfully permitted) and reasonably cooperate with the Company’s efforts to seek a protective order.

Survival

Confidentiality obligations survive termination of this Agreement for a period of 3 years.

Governing law

This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles.

Jurisdiction

The parties irrevocably submit to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands for the resolution of any dispute arising under this Agreement.

Informal resolution

Before commencing formal proceedings, both parties agree to attempt in good faith to resolve any dispute through negotiation for a period of at least 30 days after written notice of the dispute is given. This requirement does not apply where a party seeks emergency injunctive or interim relief.

Injunctive relief

You acknowledge that breach of § 7 (IP Licence), § 8 (Product Authenticity), § 10 (Prohibited Practices), or § 17 (Confidentiality) may cause irreparable harm for which monetary damages would be inadequate, and that the Company is entitled to seek immediate injunctive or other equitable relief without bond and without need to demonstrate actual harm.

Entire agreement

This Agreement, together with your approved application, any separate pricing schedule, and the Company’s general Consumer Terms where applicable, constitutes the entire agreement between the parties with respect to the Program and supersedes all prior negotiations, representations, warranties, and understandings.

Amendments

The Company may amend this Agreement by providing 30 days’ written notice. Continued participation in the Program after the effective date of any amendment constitutes acceptance. If you do not accept an amendment, you must terminate the Agreement before the effective date.

No waiver

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it in future.

Severability

If any provision is found to be unlawful, void, or unenforceable, that provision is severable and the remaining provisions continue in full force.

Assignment

The Company may assign this Agreement or any rights hereunder without your consent. You may not assign, transfer, or subcontract your rights or obligations under this Agreement without the Company’s prior written consent. Any purported assignment without consent is void.

Notices

All notices under this Agreement must be in writing and sent by email (with read receipt requested) to the contact addresses on record. Notices are deemed received on the next business day after sending, provided no delivery failure notification is received.

No oral modifications

No modification to this Agreement is effective unless in writing and signed (or acknowledged by email) by an authorised representative of the Company.