Don't see your region?
Forgot Your Password?
Register for a New Account
Already have an account? Log in
Back to Log in
'47 Brand, LLC and Twins Enterprise Inc. (collectively referred to hereinafter as “’47”) offers certain goods bearing ’47 and Fan Favorite Trademarks (as defined below) (hereinafter the “Product” or “Products”) for sale to retailers that have been authorized by ’47 to make purchases of such Product (hereinafter the “Retailer” or “Retailers”). By submitting an order to ’47 for the purchase of Products (the “Order”), Retailer agrees that each such Order will be subject to and in all respects governed by the terms and conditions of sale (“the Terms and Conditions”) in effect at the time the Order is submitted. These Terms and Conditions, along with Retailer’s credit application (if applicable), shall hereby be incorporated into and become part of any Order submitted to ’47 by Retailer, and collectively shall form the agreement between ’47 and Retailer upon which all Orders are fulfilled. In the event that any provisions of an Order conflict with the Terms and Conditions provided herein, these Terms and Conditions shall prevail. ’47 reserves the right, in its sole and absolute discretion, to revise, amend, or otherwise update these Terms and Conditions (the “Updated Terms and Conditions”) from time to time and will provide Retailer with access to the Updated Terms and Conditions within five (5) business days of such Updated Terms and Conditions becoming effective. Prior to placing an Order, Retailer shall be responsible to review the then-current version of the Terms and Conditions (available at www.47brand.com under “Retailer Terms and Conditions” or by request from ’47). Retailer’s continued status as a ’47 Retailer is conditioned upon Retailer conducting its business in accordance with the Terms and Conditions and operating principles set forth herein. The Terms and Conditions that are current as of January 1, 2017 (the “Effective Date”) are set forth below.
1) Non-Disclosure. Retailer acknowledges that it may have access to information owned or controlled by ’47 or ‘47’s Affiliates, disclosure of which would cause substantial or irreparable harm to ’47 (“Confidential Information.”) Confidential Information includes, but is not limited to, all information relating in any manner to 47’s contemplated new products, future product releases and services, marketing and advertising plans and campaigns, sales projections, creative campaigns and themes, financial information, budgets and projections, system designs, employees, management procedures and systems, equipment, production plans and techniques, product and materials specifications, product designs and design techniques, customer information (including purchase history and client identifying information), vendor information (including the identity of vendors and information concerning the capacity of or products or pricing provided by specific vendors) and any other non-public material disclosed to Retailer or to which Retailer gains access. Retailer shall protect ‘47’s Confidential Information by using the same degree of care with respect to such information that it would exercise with its own confidential information or trade secrets, but in any event no less than reasonable care. Retailer shall make Confidential Information available only to those employees of Retailer who need to know the information in connection with Retailer’s business, and shall not disclose Confidential Information to any third party. Confidential Information does not include information that Retailer can establish: (i) is in or (through no improper action or inaction by it or any affiliate, agent, or employee) enters the public domain, or (ii) was rightfully in its possession or known by it prior to receipt by ’47, without burden of confidentiality, or (iii) was rightfully disclosed to it by another person without restriction.
2) Publicity Restrictions. Retailer will immediately notify ’47 in writing if it receives a request from any third party for an interview or statement about ‘47or ’47 Products. Retailer will not answer questions or give statements about its relationship with ’47 or discuss ’47 Products under circumstances where Retailer knows or has reason to believe that the purpose of the request is to create content for publication in film, television, radio, print or online media, including blogging. Retailer will not hold itself out as a representative of ’47 in any interview or statement whether or not it is recorded, and whether or not it is intended for such publication.