Retailer Terms & Conditions
These terms and conditions (“Terms”) entered into by the party identified on the corresponding invoice (“you”) and Humble Brands, Inc. (“Humble”), and are effective as of the date on the corresponding invoice. Please reach out to sales@humblebrands.com with any questions and we’ll be happy to assist you.
1. MARKETING AND RESELLING PRODUCTS. In connection with the marketing, advertising, promoting and selling of any of Humble’s products (“Products”), you shall comply with all directions and instructions provided to you by Humble, including but not limited to, any brand guidelines, sales, marketing and merchandising policies, as well as any policies regarding the use of Humble’s Intellectual Property (as defined below), in each case, as they currently exist or as they may hereafter be changed by Humble. For the avoidance of doubt, you will promptly discontinue the use or display of any materials immediately upon Humble’s request.
As a Humble Retailer we recommend you follow our approved language for in-store and online display of any and all Humble products.
We do not refer to our products as natural or all-natural.
Why? There’s no universal definition — much less FDA regulation — as to what a “natural” personal care product is. Some consumers may believe that the term natural or all-natural implies that all ingredients are straight from the earth and not processed in any way. That’s simply not the case. It’s common for ingredients in personal care products to undergo processing.
Could you imagine, essential oils growing on a vine in your garden? Dreamy, but simply not reality. It’s more accurate to refer to our products as plant and mineral-based and made with ingredients that are carefully selected for their quality and effectiveness.
We are always mindful of the sourcing and processing of our raw ingredients and choose ingredients that we believe are the best quality.
We do not use the words non-toxic, clean, or safe when describing our products.
Why? Because these words imply other products are toxic, dirty or unsafe and as a brand we do not evaluate other products on the market.
Please refrain from using these when referring to Humble Brands products directly.
We do not refer to our products as Organic.
Why? Because our products are not USDA Certified Organic and referring to them as organic would be misleading.
Certified organic ingredients we use include: Broad Spectrum CBD, Shea Butter, Coconut Oil, Safflower Oil, Sunflower Oil, Palm Oil and Olive Oil.
CBD Specific Requirements
Our CBD Deodorant and CBD Comfort Bar are classified as cosmetic products and no claims should be made that these products heal, treat, cure any disease or affect the structure and/or function of the body. For example, it would be inaccurate to say that our CBD comfort bar relieves pain. The term “active ingredient” should also be avoided as this term is strictly reserved for products classified as drugs by the FDA.
2. REPRESENTATIONS AND WARRANTIES. You represent and warrant that you: (a) have the full right, power and authority to enter into these Terms; (b) will comply with all applicable laws, rules and regulations in connection with your performance hereunder; (c) shall market, advertise, promote, and sell the Products consistent with good business practice, and shall conduct business in a manner that reflects favorably at all times on Products and the good name, goodwill, and reputation of Humble; and (d) promptly notify Humble of any complaint or adverse claim about any Product or its use of which you become aware.
3. INTELLECTUAL PROPERTY. Humble hereby grants you a non-exclusive, non-transferable and non-sublicensable license to use Humble’s trademarks, trade name, designs, photographs, logos, copyrighted material or other intellectual property (“Humble Intellectual Property”) solely as permitted under these Terms, and in accordance with all directions and instructions provided by Humble. You acknowledge and agree that: (i) any and all Humble Intellectual Property and rights therein are the sole and exclusive property of Humble; and (ii) you shall not acquire any ownership interest in any of Humble Intellectual Property under these Terms.
4. INDEMNIFICATION. You shall indemnify, defend and hold Humble, its parent, officers, directors, partners, members, shareholders, employees, agents, affiliates, successors and permitted assigns harmless from and against any and all claims, losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest awards, penalties, fines, costs, or expenses of any kind, including attorneys’ fees and court costs arising from or in connection with your breach or alleged breach of your representations, warranties, covenants, or obligations hereunder.
5. DISCLAIMER. Neither humble nor any person on Humble’s behalf has made or makes any express or implied representation or warranty whatsoever, including any warranties of merchantability or fitness for a particular purpose.
6. LIMITATION OF LIABILITY. In no event shall Humble’s aggregate liability arising out of or in connection with these terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amounts paid by you to Humble under these terms in the 12 months immediately preceding the event giving rise to the claim.
7. GOVERNING LAW. These Terms and the relationship between you and Humble will be governed by the laws of the State of New Mexico [D&G2] without regard to its conflict of law provisions. The parties hereby submit to the exclusive jurisdiction of and venue in Taos, New Mexico and waive all claims of personal or subject matter jurisdiction, to the extent permissible.
8. MISCELLANEOUS. These Terms, including and together with any related invoice, constitutes the sole and entire agreement of the parties with respect to the subject matter and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. You may not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of Humble. Any purported assignment or delegation in violation of this section is null and void. Humble may freely assign any of its rights or delegate any of its obligations hereunder.