Terms and Conditions

Expion360 Dealer Terms and Conditions

Introduction

By purchasing through the Expion360 dealer website, you agree to the terms and conditions outlined below. These terms govern the relationship between Expion360 and its authorized resellers and must be adhered to in full. If you do not agree to these terms, you are not authorized to purchase from this website.

Authorized Reseller Agreement

 

1. Authorized Reseller Requirements
This agreement is expressly limited to and made conditional upon the exclusivity of these terms and conditions. Any attempt to modify these terms by the reseller shall be deemed a material alteration and is expressly rejected.
By accepting this agreement, you and your business ("You" or "Your") are permitted to sell Expion360, Inc. ("Expion360") products ("Expion360 Products"). As an authorized reseller, you must adhere to Expion360's policies and procedures to remain eligible to sell Expion360 products, provide warranty coverage, and use Expion360's trademarks, copyrights, and promotional materials.

2. Business Information and Location Disclosure

You agree to maintain accurate company information and disclose all sales locations, including physical storefronts, e-commerce websites, and temporary storefronts (e.g., trade shows). Expion360 reserves the right to determine whether a sales location is appropriate and may require you to cease sales from specific locations.

3. Sales Reporting Requirements

Upon request, you must provide sales data by stock-keeping unit (SKU) for Expion360 products. Expion360 reserves the right to review financial information related to sales of its products to ensure compliance with this agreement.

4. Trademarks, Copyrights, and Brand Use

Expion360 invests heavily in its brand, goodwill, and reputation. By signing this agreement, you acknowledge and agree to comply with Expion360’s Trademark, Copyright, and Brand Policy.
As an authorized reseller, you are prohibited from:
  • Registering domain names, trademarks, or social media usernames that contain Expion360’s brand name or variations.
  • Modifying Expion360 marketing materials or copyrighted content.
  • Using any images of Expion360 products other than those officially provided by Expion360.
Expion360 reserves the right to update its Trademark, Copyright, and Brand Policy as necessary. For more details, refer to the Expion360 Reseller Trademark Policy at:
Reseller Trademark Policy.

5. Minimum Advertised Price (MAP) Policy

Expion360 has implemented a Minimum Advertised Price (MAP) Policy to promote fair competition.
By agreeing to these terms, you acknowledge and agree to abide by the MAP Policy. Failure to comply with MAP pricing may result in termination of your authorized reseller status.
For more details, refer to the Expion360 MAP Policy at:
Expion360 MAP Policy.

6. Restrictions on Bulk Sales and Unauthorized Resale

  • You may not sell Expion360 products in bulk to wholesalers, freight forwarders, or drop shippers.
  • Reselling Expion360 products on platforms such as Amazon, eBay, Alibaba, Newegg, Craigslist, Facebook Marketplace, or similar marketplaces is strictly prohibited.
  • Selling outside of your authorized U.S. territory is considered a parallel import and is strictly prohibited.
Violations of this policy may result in immediate termination of reseller privileges.

7. Purchasing from Authorized Sources

You may only purchase Expion360 products from authorized distributors within the United States. Purchasing products from non-approved sources or importing products from other regions is strictly prohibited.

8. Selling Expion360 Products in Original Packaging

All Expion360 products must be sold in their original packaging. Modifying, repackaging, or removing branding from Expion360 products is prohibited.

9. Customer Confusion and Branding Integrity

You may not market or bundle non-Expion360 products in a manner that suggests endorsement or association with Expion360. This applies to both physical store sales and online listings.

10. Approved Sales Channels

Expion360 products may only be sold through approved retail websites. The following online platforms are strictly prohibited for sales:
  • Third-party marketplaces (Amazon, eBay, Alibaba, etc.).
  • Drop-shipping accounts (Newegg, Buy.com, Overstock, etc.).
  • Classified ad platforms (Craigslist, Facebook Marketplace, etc.).
  • Direct message sales on forums or private groups.

11. Product Warranties

Expion360 offers warranties on products purchased through authorized resellers. Unauthorized sales void all product warranties. Resellers may not alter, extend, or change Expion360 product warranties without prior written consent.

12. Governing Law

This agreement is governed by U.S. federal law and the laws of the State of Oregon. Any disputes arising from this agreement shall be settled in the courts of Deschutes County, Oregon.

13. Liquidated Damages

Violations of this agreement, including unauthorized sales or misuse of Expion360’s trademarks, may result in liquidated damages of up to $50,000 per violation. This amount is not considered a penalty but a reasonable estimate of damages incurred.
Resellers may also be required to indemnify Expion360 against losses resulting from unauthorized sales.

14. Attorney Fees

If Expion360 takes legal action against a reseller for violating this agreement, the reseller is responsible for covering all legal costs, including attorney fees.

15. Amendments and Termination

Expion360 reserves the right to modify this agreement and its policies at any time. Changes take effect upon notice to resellers.
Either party may terminate this agreement with 30 days' written notice.

16. Website and Online Presence

  • Your website must not contain Expion360 trademarks or misspellings in domain names.
  • Your website must not replicate the look and feel of Expion360's website to avoid customer confusion.
  • Expion360 may require resellers to modify their websites to ensure compliance.

17. Compliance with Minimum Advertised Price (MAP) Policy

Expion360 enforces strict compliance with its MAP Policy to prevent price undercutting and maintain fair market competition.
  • Resellers violating the MAP policy will be removed from the dealer program.
  • Expion360 reserves the right to terminate orders and dealer privileges if MAP violations occur.

18. Marketing and Promotions

  • Expion360-approved marketing materials must be used when advertising Expion360 products.
  • Resellers are not allowed to bundle Expion360 products with non-Expion360 items in promotions.
  • Any direct manufacturer’s rebate or promotional pricing must be clearly labeled.

19. Shipping Policy

  • Incoterms: FCA-Redmond, OR – All shipments are Free Carrier (FCA) from our Redmond, Oregon warehouse.
  • Lower 48 States: Free shipping applies only to non-Victron branded products. Single batteries ship via FedEx Ground. Larger orders, including EX1 and EX2 batteries, require freight shipping on a pallet.
  • Alaska, Hawaii, & Canada: Free shipping does not apply. Rates vary depending on destination. Contact your representative for details.
  • Victron Energy Shipping Policy: Flat rates apply depending on weight and order type. Additional fees apply to lithium battery shipments.
For more details, refer to the full Expion360 Shipping Policy.

20. Payment Terms

  • Expion360 offers payment terms for approved dealers. Approval is subject to creditworthiness and at Expion360’s discretion.
  • Accounts past due may result in credit hold or account suspension.
  • Late balances will accrue interest at 1.5% per month.

21. Disclosure and Agreement

By purchasing through the Expion360 dealer website, you agree to:
  1. Expion360’s Authorized Reseller Requirements.
  2. Expion360’s Trademark, Copyright, and Brand Policy.
  3. Expion360’s Minimum Advertised Price (MAP) Policy.
  4. Expion360’s Shipping and Payment Terms.

By continuing to purchase and resell Expion360 products, you acknowledge that you have read, understand, and agree to abide by these Terms and Conditions.

For further inquiries regarding reseller policies or compliance, please contact Expion360 directly.