New Human Wholesale Membership Application

Thank you for your interest in the New Human Botanicals. This wholesale membership application is intended for certified and/or licensed professionals currently in a wellness practice. 

The benefits of becoming a New Human wholesaler include: 

  • Wholesale price for all products, no minimums
  • Drop Ship Products to Clients
  • Wholesale/Suggested Retail Price List
  • Free shipping to the contiguous U.S with the purchase of $350 or more
  • Friendly customer service available from 9am - 5pm EST Monday through Friday
  • Marketing Sales Kit
  • Free Product Training through our affiliate licensed Vocational School, Energetic Wellness School of Naturopathy

Complete the information below to apply for membership to New Human. Once approved you will receive an invitation email with your login information to access the products on our website. You can place orders at your convenience anytime during the day or night. Our staff will pack and ship orders received before 1:00 pm EST, Monday thru Friday. Products ship UPS to the shipping address you provide. 

Once approved, one of our customer service representatives will call to welcome you to the membership program. We want to understand the best way to support you and the needs of your business. 

If you wish to receive text messages and emails for updates from our staff and/or our affiliate training school please provide your cell phone number, primary business phone number and a current email address for us to stay in touch!

You will be asked to attach a copy of your tax exemption certificate (sales tax permit), business license (federal ID #) and/or permit. Applications received without the required documents will not be processed. If you have any questions, please contact us Monday - Friday, 8:30 am - 5 pm EST at (828) 885-2004 or email us at info@thenewhuman.com

Thank you again for choosing New Human Botanicals. We are here to serve you!

Owner / Officer Name(Required)
Address(Required)
Type of Business(Required)
Do you wish to advertise or sell the New Human products online?(Required)
Max. file size: 150 MB.
Max. file size: 150 MB.
Billing Address(Required)
Shipping Address(Required)

AUTHORIZED WHOLESALE/RESELLERS MEMBERSHIP AGREEMENT

Botanical Products

Terms and Conditions for Authorized Wholesale/Resellers Membership We are grateful to be able to work with you as an authorized reseller member of our botanical products. To foster a healthy business relationship, this document sets forth important terms and conditions that provide for certain rights and obligations of our authorized members. Signing these Terms and Conditions is a requirement to be an authorized reseller of The New Human (“NH”) Company products. By accepting these Terms and Conditions, you agree that these Terms and Conditions constitute a binding contract between you and The New Human with respect to your wholesale purchase and resale of our products.

1. Definition of Terms • “NH Content” refers to all text, images, Trademarks, and other materials created or provided by NH. • “Product” refers to any or all the products manufactured by The New Human Company published on the Wholesale/Resellers Membership Price List. • “Ts & Cs” refers to this Terms and Conditions Agreement. • Trademarks refers to all names, marks, brands, logos, designs, trade dress, slogans, and other designations The New Human uses in connection with its products and programs. • “NH”, “we”, “us” or “our” refers to The New Human and the products it manufactures in Brevard, North Carolina. • “Website” refers to www.thenewhuman.com • “You” or “your” refers to the membership account customer purchasing product(s) from The New Human.

2. General Terms The Ts & Cs outlined in this document constitute a binding legal Agreement between you and NH. These Ts & Cs supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and NH. No modifications of the Ts & Cs shall be effective unless authorized in writing by NH. If any provision(s) of the Ts & Cs is found to be contrary to law, then such provision(s) shall be construed in such a manner as to closely reflect, as much as possible, the intentions of NH, with the other provisions remaining in full force and effect. These Ts & Cs must be signed by you to maintain your status as an authorized reseller, provided however that shipment of any orders placed after receiving these Ts & Cs shall be automatically deemed to be covered by these Ts & Cs.

3. Representations. By signing these Tx & Cs, you acknowledge the following: • You are a non-exclusive authorized reseller of the products. • You agree that you are opening a Wholesale Membership account for the purpose of reselling the product and not exclusively for personal use. • You shall, at all times, promote and sell the products consistent with good business ethics and in a manner that will reflect favorably on the products and on the goodwill and reputation of NH.

4. Violation of General Terms or Representations. Any violation of the Ts & Cs may result in the immediate loss of authorized reseller membership status and refusal to ship further orders until such violation is resolved to the satisfaction of NH. We reserve the right to change the Ts & Cs at any time effective upon your receipt of notice of such change, and such changes shall be effective with respect to all subsequent orders.

5. Qualifications You agree to complete an application form and to provide your true and correct company name with a copy of the valid, active business license applicable to your current business location which we must receive prior to shipment of your first order. Please fax or email the completed application form and a copy of your business license documentation for our files. You agree to provide an email address, and to share your website address with us if you have one.

6. Marketing Subject to your acceptance of this agreement, we will provide you with an electronic “Sales Kit”. The purpose of this kit is to provide you with an approved trademark and copyrighted material for use when you advertise products which can only be used subject to our brand standards. The kit is subject to change, but currently contains: 1) text descriptions of products 2) bottle images for each product and 3) supplement facts images of each product. When we make changes to material in the “Sales Kit”, you will be notified by email of the change, and you will be required to update your marketing material to align with these changes within 30 days of notification. You are permitted to use the Sales Kit solely for the purpose of promoting the of NH products through your website and other marketing channels while you remain an authorized reseller member of NH.

7. Intellectual Property Rights All NH Content, including without limitation NH Trademarks and all content of the Media Kit, are property of NH and except as expressly authorized in these Ts&Cs, you agree not to reproduce, modify, sell, distribute, mirror, republish, download, transmit, or create derivative works of NH Content in whole or in part, by any means. You agree not to modify, decompile, or reverse engineer any NH Product, and you agree not to remove or modify any copyright or trademark notice, or other notice of ownership. You agree not to remove or alter any NH trademarks, or co-brand your own products or material with NH trademarks. You agree not to incorporate any NH Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations. You agree to review and adhere to the “Terms of Use” posted on our website in addition to these Ts&Cs. If your website includes marketing information about NH, you agree to clearly state that you are an authorized reseller and not to state or imply any other relationship with NH. In general, you may link to our website from your website. However, you agree to only use the www.thenewhuman.com URL for our website and to not present the link to our website in any way that suggests we have any relationship with your website or that NH endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with us to do so. We reserve the right to terminate your right to link to our website if, in our sole discretion, we determine that such links are not in the business interests of NH. You specifically agree not to re-publish content from www.thenewhuman.com on your own or other websites. The New Human web content shall not be used or represented as original content from anyone other than The New Human. In the event that your status as an authorized reseller of NH is terminated, you agree to immediately remove all NH Content from your website and other marketing and sales materials. Unless explicitly stated herein, nothing in these Ts&Cs shall be construed as conferring any ownership or license to intellectual property rights in the NH Content, whether by estoppel, implication, or otherwise.

8. Search Engine Marketing NH must preapprove in writing any advertising using any NH Content, including without limitation any Trademarks or any words or codes identifying our website in any "metatag" or other information used by search engines or other information location tools to identify and select websites. This includes using our Trademarks in keyword advertising with search engines such as Google, Yahoo and Bing.

9. MAP Policy NH has an established Minimum Advertised Price (“MAP”) Policy that all Authorized Resellers must follow for advertising and marketing of NH products in the United States. The MAP for each product is the SRP listed on the “Wholesale Price List” and on www.thenewhuman.com It is a violation of this policy for a reseller to advertise any NH product(s) at a price lower than the published MAP. This policy applies only to resellers’ advertised prices, not selling prices.

10. Resale As a wholesale customer, you agree to resell NH products only to end-user consumers in a retail environment (such as a physical retail store or e-commerce website) and at a retail markup as specified in section 7 of the NH MAP Policy). Reselling NH products to other resellers or distributors is prohibited, and you agree not to sell any products to any customer who you know intends to resell such products.

11. Ordering and Shipping in the U.S. You agree to place orders on our website or via phone (not via the less secure method of email). Wholesale pricing is effective once you become a member. Shipping is free on orders over $350.00. Should you choose to order less $350.00, you will be charged for shipping. For your convenience you may dropship an order to your customers. Otherwise, you are expected to serve your customers directly in all aspects of order fulfillment, including charging them appropriate sale tax as required by your state. There is a 10% discount on orders over $1,000.

12. Ordering and Shipping to Canada You agree to place orders on our website or via phone. We ship UPS and USPS to Canada, and shipping rates are based on weight and will be displayed in the cart or provided over the phone during checkout. You are responsible for duty and taxes. The following International shipping policies apply: You are responsible for understanding your country’s customs policies and procedures with respect to importing a particular NH product. Rules may vary per product. We are Health Canada approved to ship a maximum of 3 bottles per each individual product per order. If your customs office seizes a package for any reason and returns the product to us undamaged, we will credit you for the product cost for the returned, undamaged product minus any custom fees; we will not credit you for any shipping costs. If customs do not return the product to us, we will not issue you any product cost refund.

13. Reselling Internationally You agree not to market or ship products to customers within countries or regions where we have exclusive distributors.

14. Payment We accept only major credit cards. Payment is due when you order and prior to shipment. Other payment term requests will be reviewed and are subject to approval at our sole discretion. Shipments within the United States be charged applicable sales tax, unless you provide us with sales tax exemption documentation.

15. Product Returns Should you desire to return the product, you agree to contact us prior to sending the product to us. We will review return requests on a case-by-case basis and may authorize or decline a return in our sole discretion. If we authorize the return 1) the product must be received in sealed resalable condition; 2) you will be reimbursed for the original product cost only; and 3) you will not be credited for any return shipping charges, or damaged or lost product. You agree to notify us within 5 days of receipt of a shipment of any product you receive that is damaged. Should your customer need to return a product, you are fully responsible for managing this process with your customer.

16. FDA We are under the regulatory jurisdiction of the FDA’s 21 CFR Part 111 Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements and the FDA’s 21 CFR Part 110 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding of Human Food. You agree to comply with any similar, relevant regulatory requirements to ensure products are distributed in compliance with the relevant standards. Additionally, we are inspected by the State of North Carolina Department of Agriculture and Food, Division of Regulatory Services, which assures compliance to North Carolina food regulations, North Carolina Code, Title 04, Chapter 05 – Wholesome Food Act.

17. Adverse Event Reporting (AER) An “adverse event” is “any health-related event associated with the use of a dietary supplement that is adverse.” Section 761(a)(1) of the FD&C Act (21 U.S.C. 379aa-1 (a)(1). You agree to notify us of any adverse event incidents related to NH products by email or telephone immediately upon receiving such information from your customer and to cooperate with all efforts by NH to mitigate any such adverse events, including without limitation recalls or replacements.

18. 3rd Party Website Sales including eBay; Amazon.com; Fulfillment by Amazon You agree to market and fulfill orders only through your own retail outlet on a platform operated by you (your your company’s website, store, etc.). In the event you utilize 3rd party websites to market and sell products, you will be restricted from purchasing any and all of NH’s products. You are strictly prohibited from offering NH products for sale on eBay or on Amazon.com as an “Amazon Seller.”.

19. UPC Codes NH has registered all its products with the global UPC registry, and each product has a unique company identifier and product code assigned. You agree to use only the correct UPC codes as provided by NH. The use of any other UPC code on products is not allowed.

20. Independent Contractors. The parties acknowledge and agree that their relationship is that of independent contractors and neither you nor your agents, representatives or employees shall be considered employees or agents of NH. Nothing set forth herein shall be construed to place the parties in the relationship of partners or joint venturers and neither party shall have any right or power to obligate or bind the other in any manner whatsoever except as authorized in this Agreement or otherwise specifically authorized in writing. You agree not to represent to any third party that are a representative, agent, or otherwise authorized to act on behalf of NH.

21. Confidentiality. The parties agree that all non-public information disclosed or made available by one party to the other, including without limitation NH’s wholesale price lists and other non-public information regarding NH or its Products (collectively, the “Confidential Information”), shall be deemed to have been received in confidence. Each party agrees as follows: a) to use the Confidential Information only for the purposes described herein; b) that it will not reproduce the Confidential Information of the disclosing party and will hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party; c) that it will not create any derivative works from the Confidential Information; d) it will restrict access to the Confidential Information to its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement; and e) to return or destroy all Confidential Information upon termination or expiration of this Agreement. “Confidential Information” shall not include (i) information that is already known or received by the receiving party without an obligation of confidentiality other than under this Agreement; (ii) is publicly known or becomes publicly known through no unauthorized act of the receiving party; (iii) is independently developed without use of the disclosing party’s Confidential Information; or (iv) is disclosed as required by law or an order of court of competent jurisdiction. Each party agrees to use the same standard of care to protect the confidentiality of and to prevent the disclosure of the Confidential Information of the other party that such party uses to protect its own Confidential Information, which in no event shall be less than reasonable care.

22. Taxes, Title, and Risk of Loss. All sales, use and other taxes applicable to the use, resale, or delivery of the Products shall be your responsibility, and you hereby indemnify and hold NH harmless from and against the same. With respect to each order, title and risk of loss shall pass to you upon delivery of the order packed for shipment to the carrier. After title and risk of loss have passed to you, you shall pursue any claims of freight loss, shortage or casualty damage directly with the relevant carrier or shipping agent. You acknowledge and agree that NH shall not be liable or otherwise responsible for loss, shortage or damage incurred in shipping or delivery.

23. Indemnification by NH. NH will indemnify you against all direct claims, losses, liabilities, costs, damages, and expenses (“Claims”) asserted by third parties arising from (a) infringement of any third-party trademarks, copyrights, patents, or other proprietary rights arising from use of the Products in accordance with documentation provided by NH; or (b) personal injury or death arising from Product Defects. You must inform NH in writing of any potentially indemnifiable Claims promptly upon receiving notice or knowledge of such Claims, and NH shall not be liable for indemnification of any amounts arising because of your failure to promptly provide such notice to NH to the extent NH is damaged by such delay.

24. Indemnification by You. You will indemnify NH against all direct claims, losses, liabilities, costs, damages, and expenses (“Claims”) arising from (a) any false or misleading statements made by you or your business regarding NH or the Products, (b) modification or alteration of any product documentation or packaging or misrepresentations regarding the use, purpose or effectiveness of the Products, (c) any breach by you of this Agreement, or (d) conduct of your business. NH shall inform you in writing of any potentially indemnifiable Claims promptly upon receiving notice or knowledge of such Claims, and you shall not be liable for indemnification of any amounts arising as a result of NH’s failure to promptly provide such notice to you to the extent you are damaged by such delay.

25. Warranty: NH warrants that the Products as provided by NH will be free of Defects when used as set forth in the product documentation; provided, however, that NH shall not be liable for any warranty claims arising from your or any other third party’s failure to reasonably store, maintain, ship, or use the Products, or for Products that have been held in your or any third party’s inventory for longer than six (6) months prior to sale to the end user. Any warranty claims must be submitted in writing to the Company prior to the expiration of the limited warranty set forth herein. Claims submitted to NH after one (1) year from the date of purchase by the end user shall be void and are not covered by this limited warranty. NH’s obligations in the event of a valid claim under this limited warranty shall be limited to replacement of the defective Product or reimbursement of the purchase price. For purposes of this Agreement, a “Defect” is defined as the Product being unsafe when used in accordance with the supplied documentation. NH MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, OR FITNESS FOR A PARTICULAR USE OF THE PRODUCTS, AND NH HEREBY SPECIFICALLY DISCLAIMS THE SAME. YOU SHALL NOT RELY ON ANY ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES ON THE PART OF NH OR ITS AGENTS. NO TRADE USAGE OR PRIOR COURSE OF DEALING SHALL BE USED IN THE INTERPRETATION OR CONSTRUCTION OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

26. Liability: IN NO EVENT SHALL NH, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY OF YOUR CUSTOMERS FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOST PROFITS OR LOST REVENUE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. EVEN IF NH OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS HAVE BEEN NOTIFIED OF THE POSSIBILITY THEREOF. THE AGGREGATE LIABILITY OF NH AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH NH PRODUCTS SHALL BE LIMITED TO THE AMOUNTS ACTUALLY RECEIVED BY NH FROM YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCES GIVING RISE TO THE LIABILITY.

27. Remedies for Default. In the event of any breach or default under these Ts&Cs by you, NH shall have the right, in its discretion, to terminate your status as authorized reseller, recover all damages arising from such default, seek injunctive relief (for a default other than failure to pay amounts due), and/or otherwise pursue any remedies available to NH at law or in equity, without limitation.

28. Assignment. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of NH. NH may assign or delegate its obligations under this Agreement upon (i) any sale of substantially all of NH’s assets or any merger of NH with another entity; (ii) NH’s assignment of its right to receive payment hereunder; or (iii) NH’s subcontract for all or any portion of such obligations (e.g., a contract manufacturer) so long as NH shall remain primarily responsible for the performance of all such obligations.

29. Dispute Resolution. This Agreement shall be governed by the internal laws of North Carolina and the federal laws of the United States. As a condition precedent to the commencement of any legal action against the other party, the claiming party shall serve a request for mediation. The parties thereafter shall use good faith efforts to resolve such dispute informally, including participating in mediation before a professional mediator provided by The National Center for Life & Liberty (“NCLL”), (or, if NCLL is unable to provide a mediator, from another service able to provide a mediator who is a former judge). Such mediation shall take place in Brevard, North Carolina within forty-five (45) days after request by the claiming party, and the cost of such mediation shall be split equally between the parties. Failure to participate in such mediation shall bar a party from bringing a claim or raising any defenses to a claim in litigation, as applicable. The parties agree that any claims between the parties including, but not limited to claims arising under or relating to this Agreement, the negotiation or performance under this Agreement, or the Products, shall be brought in the courts of Brevard, North Carolina. As material consideration for NH to enter into this agreement, the parties hereby agree and consent to the exclusive jurisdiction and venue in the state courts of Brevard, North Carolina and waive any right to remove a case to federal court, or to seek a change of venue. You acknowledge that NH maintains administrative offices in Brevard, North Carolina, and agree that such location represents a reasonable forum for resolution of any disputes arising hereunder. The prevailing party in any litigation or action brought under or in connection with this Agreement shall be entitled to recover its costs and expenses of such action, including without limitation reasonable attorneys’ fees, from the non-prevailing party.

30. Contact Information Transformational Technologies, dba The New Human, 245 Rosman Highway, Brevard, North Carolina, 28712, 1-828-885-2004, support@thenewhuman.com

31. Notices. All notices, requests, claims, demands and other communications provided for in these Ts&Cs shall be in writing and shall be made by delivery in person, commercial delivery service (such as USPS or UPS), or certified mail (postage prepaid, return receipt requested), sent or delivered to the receiving party at the address of such party as set forth herein, or to such other address as may be designated from time to time by a party in writing to the other party in accordance with this paragraph.

32. Severability. In the event that any of these Ts&Cs are or become illegal or unenforceable, such terms shall be null and void and shall be deemed deleted, and all the remaining Ts&Cs shall remain in full force and effect.

33. Waiver. No waiver of any provision of this Agreement, nor consent to any departure by either party therefrom, shall in any event be effective unless the same shall be in writing and signed by a duly authorized officer of the party to be charged with the waiver or consent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. You hereby accept and agree to the terms set forth in these Terms and Conditions for Authorized Resellers.

By submitting this form you are confirming that you have read and agree to the terms and conditions above.
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