Policy Background

Evergreen Enterprises of Virginia, LLC (“Evergreen”) is pleased to be a leading provider of gift, garden, home decor, baby, and licensed sports products and to partner with over 17,000 high quality retailers who invest time and resources to deliver an extraordinary customer experience through knowledgeable staff and compelling merchandise presentation.

Independent retail store channel distribution has been a large part of Evergreen’s success over the last two decades. Future success has dictated that we also have online distribution channel participants in the e-commerce marketplace. However, internet reseller advertising practices that promote Evergreen products primarily on the basis of price could potentially harm Evergreen’s brand, reputation and competitiveness and allow some internet resellers to take advantage of the service and support efforts of others. Evergreen believes that these practices are unfair and thus discourages such efforts.

To protect Evergreen’s brand reputation in e-commerce, as well as we have through brick and mortar sales, Evergreen has unilaterally adopted this Online Reseller Policy.  This Online Reseller Policy contains MAP, Online Resale, and Intellectual Property guidelines.

MAP Guidelines

Evergreen’s manufacturer suggested retail price (MSRP) constitutes the minimum advertising price (MAP) at which Evergreen products may be advertised. (Evergreen MSRP is keystone or (standard wholesale price x 2). If Evergreen finds a Reseller’s listing an advertised price on current year items less than Evergreen MSRP, Evergreen will notify the Reseller that it is in violation of Evergreen’s pricing policy. No further orders will be shipped until the MAP has been rectified and corrected.  It is the Resellers’ responsibility to find and correct any and all prices not in compliance.

The MAP Guidelines apply to all forms of advertising including but not limited to newspapers, signage, billboards, catalogs, mailings, internet and electronic media.

Online Resale Guidelines

Resellers may advertise and sell Evergreen products on their own current sites. Resellers may not advertise or sell Evergreen products through the Fulfillment by Amazon program or participate in selling transshipped goods, that is, selling via a third party fulfillment provider, products that were not originally purchased by Reseller.

Resellers selling on legitimate and approved websites in compliance with  the above criteria are expected to provide the same high quality of service Evergreen consumers have come to expect from Evergreen. Accordingly, Resellers are expected to:

• Provide live customer support during normal business hours, Monday through Friday.
• Fulfill standard orders in five (5) days or less.
• Provide secure shopping cart and SSL certification for the full online transactional process.
• Observe the highest standards of good faith and fair dealing and positively contribute to maintaining the goodwill and reputation of Evergreen.
• Refrain from deceptive practices, including but not limited to bait and switch, misrepresentation of product quantities available for immediate sale, and misrepresentation of product features, consumer benefits or operational characteristics.
• Keep and maintain only up-to-date product information and materials regarding Evergreen products on their websites, including UPC12 codes, SKU codes, and brand names.

Intellectual Property Guidelines

The Evergreen brand was established more than 20 years ago, and Evergreen has continued to build upon that brand recognition with a portfolio of trademarks, copyrights and patents. We want our Resellers to benefit from the brand recognition and goodwill associated with Evergreen intellectual property. At the same time, Evergreen must ensure that our brands are not diluted or misused. The Intellectual Property guidelines promote the proper use of Evergreen intellectual property assets.

• When using online advertising (i.e. -banner ads, Pay-Per-Click, etc.) that includes any Evergreen brand name(s) in the ad, use a destination URL that brings the consumer to a landing page whose content features that brand or product name supported by appropriate product photography and descriptions.
• Refrain from use of any Evergreen brand or trademark name in a root URL
• Do not promote or sell Evergreen products under any other brand or trademark without prior written approval from Evergreen.
• Evergreen marketing materials, product descriptions, product images and other materials in electronic format may be used only in the authorized resale of Evergreen products.

Evergreen expects Resellers to comply with all the terms and conditions of this Resellers Policy as well as the terms and conditions on MyEvergreen.com. In implementing this Resellers Policy, Evergreen will act at all times unilaterally, and will neither solicit, consider nor agree to any recommendation, request or demand of any other person. All matters of interpretation and application of the terms of this Resellers Policy and all matters concerning enforcement of this policy shall remain within our sole, unilateral discretion.

Your acceptance and adherence to Evergreen Resellers Policy is implicit in the continued purchasing and advertising Evergreen products for sale.