Sellers' Terms and Conditions

All sellers are expected to adhere to the following policies when listing products on WellRabbit. Seller offenses and prohibited content can result in suspension of your WellRabbit account.

Marketplace Code of Conduct

This policy requires that sellers act fairly and honestly on WellRabbit to ensure a safe buying and selling experience. All sellers must:

·        Provide accurate information to WellRabbit and our customers at all times

·        Act fairly and not misuse WellRabbit’s features or services

·        Not attempt to damage or abuse another Seller, their listings or ratings

·        Not attempt to influence customers’ ratings, feedback, and reviews

·        Not send unsolicited or inappropriate communications

·        Not contact customers except through WellRabbit’s communication tools

·        Not attempt to circumvent the WellRabbit sales process

·        Not operate more than one selling account on WellRabbit without written approval from WellRabbit administrators

Violating the Code of Conduct or any other WellRabbit policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

Accurate Information

You must provide accurate information to WellRabbit and our customers and ensure all information remains up to date. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category(s).

Acting Fairly

You must act fairly and lawfully and may not misuse any service provided by WellRabbit. Examples of unfair activities include:

·        Providing misleading or inappropriate information to WellRabbit or our customers, such as by creating multiple product pages for the same product

·        Posting offensive product images

·        Manipulating sales rank (such as by accepting fake orders or orders that you have paid for) or making claims about sales rank in product titles or descriptions

·        Attempting to increase the price of a product after an order is confirmed

·        Artificially inflating web traffic (using bots or paying for clicks, for example)

·        Attempting to damage another Seller, their listings or ratings

·        Allowing other people to act on your behalf in a way that violates WellRabbit’s policies or your agreement with WellRabbit

Ratings, Feedback, and Reviews

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

·        Pay for or offer an incentive (such as coupons, rewards points, or free products) in exchange for providing or removing feedback or reviews

·        Ask customers to write only positive reviews or ask them to remove or change a review

·        Solicit reviews only from customers who had a positive experience

·        Review your own products or a competitors’ products

·        Suppress or remove reviews without written approval from WellRabbit

Communications

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through WellRabbit Messenger and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited.

Customer Information

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through WellRabbit Messenger) or share it with any third-party.

Circumventing the Sales Process

You may not attempt to circumvent the WellRabbit sales process or divert WellRabbit customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Multiple Selling Accounts on WellRabbit

You may only maintain one marketplace seller account unless there is a legitimate business need to open a second account and all of your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all of your selling accounts until all accounts are in good standing.

Examples of a legitimate business justification include:

·        You own multiple brands and maintain separate businesses for each

·        You manufacture products for two distinct and separate companies

·        You are recruited for a WellRabbit program that requires separate accounts

Filing Infringement Notices as an Agent or Brand Protection Agency

WellRabbit understands that many brands may choose to have brand protection agencies or agents report intellectual property infringement on their behalf and accepts submissions from authorized agents. However, WellRabbit does not permit individuals with active selling accounts to file infringement notices as an agent of a brand when the filing of those notices could benefit their own selling account (through removing competing listings, for example). Any sellers filing notices as an agent to benefit their own status as a seller may have their selling account terminated.

Product Page Rules

Customers will learn about your products on your product pages. The policies below ensure each product detail page covers a single unique item. This helps give customers a clear and consistent buying experience. In general, you will need to:

·        Accurately categorize and describe your products.

·        Refrain from creating duplicate pages for a product that already has a product detail page.

·        Create new product pages for new products or versions. Do not change a product detail page from one product to a different product.

·        Only create valid product “features” that relate to the primary product. For example, different capsule counts of the same supplement.

·        Listings must include a “Supplement Facts” panel when applicable.

Policies for writing listings

·        Comply with the WellRabbit product listing style recommendations as described in this policy.

·        Don’t use HTML, JavaScript, or other types of code in your product pages. As a special case, you can use line breaks </br> in the description.

·        None of the following are allowed in product detail page titles, descriptions, bullet points, or images:

• Phone numbers, addresses, e-mail addresses, or website URLs.
• Details of availability, price, or condition.
• Use Capital Letters only for the beginning of each word. Do not use all Capital Letters throughout the attribute. This applies for Product Title, Bullet Points and/or Product Description.
• Links to other websites for placing orders, or alternative shipping offers, such as free shipping.
• Reviews, quotes, or testimonials.
• Obscene or offensive content.
• Requests for positive customer reviews.
• Adverts, promotional material, or watermarks on images, photos, or videos.
• Time-sensitive information, such as sales dates, expiration dates, etc.

·        Product titles must not have more than 200 characters, including spaces.

·        Comply with WellRabbit listing standards for any product sold on WellRabbit. Failure to do so creates a negative customer experience and may result in your selling privileges being temporarily or permanently removed. This includes but is not limited to the following:

• All products must be accurately categorized. Contact your onboarding specialist with any questions about product categorization.
• Product titles, product descriptions, and bullet points must be clearly written and help customers understand the product.
• Product images must meet WellRabbit image standards as described in this policy.

·        You cannot add details which infringe upon the IP rights of other parties or individuals.

·        You must not use false product identification information in product pages.

·        You must not create a product detail page for a product already in WellRabbit's catalog without approval from WellRabbit.

·        You must not use product pages to switch-sell or cross-promote a product.

Policies for editing product pages

·        You may only update product pages to better or more accurately describe the product as originally listed. For example, permissible updates include additional details, clarifications, grammatical fixes, or removal of content that violates WellRabbit policy.

·        You must not use an existing listing for a new version of a product. This includes changes in color, size, material, features, and product name. Instead, create a new product page for each new version.

Vitamin and Supplement Product Pages

• Product pages must include the following information:
1. The name of the dietary supplement
2. The ingredient list, including an image of the ingredient list from the product label
3. The total quantity or amount of the dietary supplement (e.g. 100 tablets, 5 mg, 6 oz)
• Product pages must not state that the products cure, mitigate, treat, or prevent a disease in humans, unless that statement is approved by the FDA
• Product pages must not include disease names in the keywords
• Product pages must not state that the products have the same effects as controlled substances or prescription drugs (e.g. supplements cannot state that they are alternatives to prescription drugs or that they are just as effective as a prescription drug)
• Product pages must not claim that the products produce an effect similar to that of an anabolic steroid, such as "Legal Steroids"
• Product pages must not state that the supplements are “FDA approved”
• Images associated with product pages must not include the FDA logo

WellRabbit Image Requirements

Image Format

·        Images may be submitted in JPEG (.jpg), GIF (.gif), and PNG (.png) formats

·        The recommended size of uploaded images ranges from 300x300 pixels to 600x600 pixels

·        Images should not exceed 3000 pixels on the largest side

·        The image size should not exceed 2 MB.

Image Standards

·        The main product image must be the label art or a professional photograph or rendering of the product being sold

·        The subject of the main product image should fill 85% or more of the image frame

·        The full product must be within the main product image frame

·        The main product image should have a pure white background (RGB 255,255,255)

·        Images must not contain additional objects unrelated to the product

·        Infographics are permitted as secondary images and must not contain information with violates this policy

·        Secondary images must be of, or pertain to, the product being represented in the listing

·        Backgrounds are permitted in secondary images

Vitamin and Supplement Product Compliance

If you list products on WellRabbit, you must comply with all federal, state, local laws, and WellRabbit policies applicable to those products and product listings, including this policy.

Dietary Supplements covered by this policy

In the United States, the Food and Drug Administration (FDA) regulates the manufacturing, packaging, holding and labeling of dietary supplements under the Federal Food, Drug, and Cosmetic Act (FD&C Act), and its subsequent amending statutes including the Dietary Supplement Health and Education Act (DSHEA). The FDA defines a dietary ingredient as a vitamin, mineral, herb or other botanical, amino acid, dietary substance for use to supplement the diet by increasing the total dietary intake or a concentrate, metabolite, constituent, extract, or combination of the preceding substances. Dietary supplements may not contain articles that are approved as new drugs, other undeclared drug ingredients, or make disease claims. Dietary supplements come in different forms such as powders, pills, liquid drops, and oral sprays. If your product has a Supplement Facts panel, you will be required to submit compliance documentation. If your product has a Nutrition Facts panel, this policy does not apply to you.

Our policy for Dietary Supplements

WellRabbit requires sellers to submit documentation that reflects compliance with applicable regulations or standard requirements, including but not limited to the below:

21 CFR 101.36 - Nutritional Labeling of Dietary Supplements

21 CFR 111 - Current Good Manufacturing Practice (cGMP) in manufacturing, packaging, labeling, or holding operations for dietary supplements

21 CFR 117 - Current Good Manufacturing Practice (cGMP), Hazard Analysis, and Risk Based Preventative Controls (HARPC) for Human Food

Required Documentation

For each dietary supplement product, you must submit the following documents:

A finished product Certificate of Analysis (COA) issued by an ISO/IEC 17025 accredited lab (in-house or third-party). The valid ISO certificate showing name of accreditation body and accreditation number must also be submitted.

or

A finished product Certificate of Analysis (COA) issued by an in-house laboratory that is compliant with current good manufacturing practices (cGMP) per 21 CFR 111 and 117. A valid GMP certificate of the manufacturing facility must also be submitted. WellRabbit accepts GMP certificates from the following third-party programs: GRMA 455-2, NSF (NSF/ANSI 173 Section 8 of NSF/ANSI 455-2), UL GMP, USP GMP, Eurofins, SAI Global, SGS, Intertek, TGA, and SSCI.

or

Evidence of Product enrollment or participation in one of the following third-party quality certification programs: NSF/ANSI 173 Product Certification, NSF Certified for Sport®, BSCG Certified Drug Free®, Informed-Choice/Informed-Sport Program, USP Dietary Supplement Verification Program, UL Brand Certification Program.

Requirements for the Certificate of Analysis (COA)

A finished product Certificate of Analysis to support the amount per unit or per serving of each dietary ingredient(s) claimed on the Supplement Facts panel must be submitted. The COA submitted to WellRabbit must have been issued within the past twelve (12) months; must be in Portable Document Format (.pdf); and must contain the following information:

·        Complete product name.

·        Batch/lot number and/or date code of the unexpired finished product sample that was tested.

·        Name and address of the laboratory issuing the COA.

·        Results from a laboratory assay performed to support the amount per unit or per serving of each dietary ingredient(s) claimed on the Supplement Facts panel.

·        Must include a reference to the test method used for each dietary ingredient listed. If the test method is novel, not an Association of Official Analytical Chemists (AOAC) Official Method of Analysis or is a modified version of these, or is in-house, the principle of the method should be stated (e.g., HPLC, GC, etc.). Actual data and observations should be recorded rather than non-specific “passes” or “conforms” statements. For testing “by input”, see FAQ section below for additional supporting documents.

·        The dietary ingredient name(s) on the Supplement Facts panel should match the ingredient name(s) on the COA.

·        The unit of measure for each dietary ingredient on the Supplement Facts panel (i.e. g, mg, mcg, etc.) should match the unit of measure on the COA.

Requirements for Product images

Product Images must meet the following requirements:

·        All images must be legible.

·        Images must clearly show the entire product label (all sides), including the Supplement Facts panel, ingredients list, certification logos, and any product warnings.

·        Must contain the product name.

·        Must contain the name and contact information of the brand owner or manufacturer.

Packaging

• Supplements must be sealed in the original manufacturer’s packaging
• Supplements must be new and unused
• Supplements must clearly display the identifying codes placed on the packaging by the manufacturer or distributor, such as matrix codes, lot numbers, or serial numbers

Labeling

• Supplements must be labeled in English with the following information:
  
  
1. The name of the dietary supplement
2. The total quantity or amount of the dietary supplement (e.g. 100 tablets, 5 mg, 6 oz)
3. A “Supplement Facts” panel
4. The ingredient list
5. The name and address of the manufacturer, packer, or distributor
• Supplement labels must not state that the products cure, mitigate, treat, or prevent a disease in humans, unless that statement is approved by the FDA
• Supplement labels must not claim that the products have the same effects as controlled substances or prescription drugs
• Supplement labels must not claim that the supplements are “FDA approved”
• Supplement labels must not use the FDA logo
• Supplement labels must not state “tester,” “not for retail sale,” or “not intended for resale”

Products and Ingredients

• Supplements must not be named in an FDA recall or safety alert (for more information, see: Recalls, Market Withdrawals, & Safety Alerts)
• Supplements must not contain ingredients prohibited by the FDA (for more information, see: Dietary Supplement Products & Ingredients)
• Supplements must not be identified as adulterated (e.g. unsafe or lacking evidence of safety) or misbranded (e.g. having false or misleading information on the label) in an FDA warning letter (for more information, see: FDA Warning Letters)
• Supplements must be safe for use and must not be a product that the FDA has determined presents an unreasonable risk of injury or illness, such as:
1. Products that contain pure powdered caffeine (for more information, see: Pure and Highly Concentrated Caffeine)
• Supplements must not be named by the Federal Trade Commission (FTC) as making untrue marketing claims (for more information, see: Federal Trade Commission Press Releases)
• Supplements must not contain controlled substances, such as:
  
  
1. Anything listed in Schedules I, II, III, IV or V of the Controlled Substances Act, except Cannabidiol approved by WellRabbit
2. "List I" chemicals or their derivatives as designated by the Drug Enforcement Administration (DEA)
• Supplements must comply with WellRabbit policies, including:
  
  
1. Supplements that contain ingredients derived from sharks, whales, dolphins, or porpoises are prohibited from sale
2. Supplements that contain more than 12% hydrogen peroxide are prohibited from sale
3. Patches that are marketed as dietary supplements or detox products are prohibited from sale

Policy Violations

If you do not provide the required information by the applicable deadline, we may:

·        Remove the relevant product listings

·        Suspend your ability to add new products and/or listing privileges

·        Withhold any payments due to you

·        Pursue legal action

We reserve the right to take any further actions that may be necessary in our sole discretion.

WellRabbit Seller Disbursements

Income

·        WellRabbit will collect the sales revenue, estimated sales taxes, shipping and delivery fees, and any other applicable fees at the time of sale

·        WellRabbit will collect payment prior to authorizing fulfillment of the order

·        WellRabbit will issue refunds, credits, etc. for approved returns. Returns will be charged to the seller’s account

Disbursement

·        WellRabbit will distribute payments to sellers by the fifth business day of each month for the previous month’s sales activity

·        Distributions will consist of sales for the seller’s store less WellRabbit commissions, inventory storage, shipping fees, pick and pack fees, returns, sales taxes withheld, coupons and promotions, and any other applicable fees according to the sellers’ marketplace vendor plan

·        The seller’s account balance is a running total of orders, returns,

Marketplace Commission

·        WellRabbit’s marketplace commission will be calculated based on the “Transaction Fee” established by the seller’s Vendor Plan

·        The Transaction Fee is a percentage of each order’s subtotal (total product cost) plus a fixed per-transaction cost, if applicable

·        Shipping charges, sales tax, discounts, promotions, etc. are not considered when calculating marketplace commission

WellRabbit Preferred Seller Program

Vendor Plans

·        WellRabbit has established certain vendor plans to which sellers can enroll which will allow the enrolled sellers’ products to be featured prominently on the WellRabbit home page, marketing materials, search results, and more

Marketing and Promotion

·        WellRabbit may develop marketing materials to promote its marketplace featuring products from sellers enrolled in a Preferred Seller vendor plan

·        Preferred Seller products may be featured prominently on the WellRabbit home page and throughout the site in the form of banners, sliders, pop-ups, etc

·        Preferred Seller products may be featured in relevant Doctor Researched blogs, videos, landing pages, newsletters, and other content

·        Preferred Seller products may be featured in pay-per-click and other advertising and marketing campaigns

·        Preferred Seller products may be featured prominently in WellRabbit search results

Discounts and Promo Codes

·        WellRabbit may create limited-time discount offers, promo codes, and the like of up to 20% off the sale price of Preferred Sellers’ products.

·        WellRabbit may create these promotions at its discretion to promote the Preferred Sellers and the marketplace

Fulfillment by WellRabbit

Vendor Plans

·        WellRabbit has established certain vendor plans to which sellers can enroll which will allow the sellers’ products to be fulfilled by WellRabbit marketplace fulfillment

Inventory Handling and Storage Fees

·        Products stored for fulfillment by WellRabbit will incur monthly storage fees per cubic foot according to the seller’s vendor plan

·        Products received by WellRabbit for fulfillment will incur a receiving fee per cubic foot according to the seller’s vendor plan

·        Product Codes and SKUs will be assigned by WellRabbit and should not be changed by the seller

Shipping and Fulfillment Fees

·        Orders fulfilled by WellRabbit will incur a pick and pack fee according to the seller’s vendor plan

·        Packaging materials and shipping cost will be charged to the seller

Inventory Levels

·        Sellers must maintain adequate stock at WellRabbit to ensure products remain in stock in the marketplace

·        Listings which have sold out may be hidden or removed by the marketplace

·        Stock level warnings may be configured in the seller administrator panel of the marketplace

Fulfillment by Seller

Vendor Plans

·        WellRabbit has established certain vendor plans to which sellers can enroll which will make the seller responsible for its own order fulfillment

Marketplace Fees and Commission

·        Marketplace fees and commissions will be determined by the seller’s vendor plan

Fulfillment and Communication

·        Sellers must fulfill all orders received by 1:00PM local time on the same business day

·        Sellers must integrate their fulfillment systems with the marketplace to ensure timely transmission of shipment details

·        Sellers must integrate their inventory management systems with the marketplace to ensure inventory levels remain accurate in the marketplace to prevent over-selling and backorders