Terms and Conditions for Wholesale Partners

This Wholesale Agreement (“Agreement”) is entered into between MineralBalance (“Company”) and the approved wholesale partner (“Wholesaler”) as of the date of approval of the Wholesaler’s application.

1. Program Overview

The MineralBalance Wholesale Program allows approved partners to purchase Hair Tissue Mineral Analysis (HTMA) test kits at wholesale pricing for resale to their patients and clients. This Agreement governs the terms under which Wholesaler may participate in this program.

2. Products and Pricing

2.1 Eligible Products. The wholesale program applies exclusively to the Silver Package (HTMA test kit). Gold, Platinum, and other service packages are not available for wholesale purchase.

2.2 Wholesale Price. The wholesale price is $119 per test kit. Company reserves the right to modify wholesale pricing with 30 days written notice to Wholesaler.

2.3 Minimum Order. The minimum order quantity is 10 test kits per order ($1,190).

2.4 Shipping. Shipping is included at no additional charge on all wholesale orders within the continental United States. Orders to Alaska, Hawaii, or international destinations may incur additional shipping charges.

3. Ordering and Payment

3.1 Ordering Process. Wholesaler will place orders through the designated wholesale ordering page provided upon approval. Orders are processed within 1-2 business days.

3.2 Payment Terms. All orders must be prepaid in full at the time of purchase. Company accepts major credit cards and ACH bank transfers.

3.3 No Credit Terms. Net payment terms are not available. Company does not extend credit to wholesale partners.

4. Resale Terms

4.1 Authorized Resale. Wholesaler is authorized to resell test kits to their patients, clients, and customers at any price Wholesaler determines. The suggested retail price is $197.

4.2 No Online Resale. Wholesaler may not resell test kits through online marketplaces (Amazon, eBay, etc.), third-party e-commerce sites, or any website other than Wholesaler’s own business website without prior written approval from Company.

4.3 No Redistribution. Wholesaler may not redistribute test kits to other wholesalers, retailers, or resellers.

5. Customer Service and Results

5.1 Kit Registration. End customers must register their test kit online at mineralbalance.com before mailing their hair sample. Wholesaler agrees to communicate this requirement to customers.

5.2 Results Delivery. Results are delivered directly to the end customer via email within 5 business days of lab receipt. Company does not send results to Wholesaler unless authorized by the customer.

5.3 Customer Upgrades. End customers may choose to upgrade to Gold or Platinum packages for interpretation and nutrition guidance. Wholesaler does not receive any commission or compensation for customer upgrades.

5.4 Support. Company provides customer support for kit registration, shipping, and results delivery. Wholesaler is responsible for their own sales and customer relationship management.

6. Trademarks and Marketing

6.1 Limited License. Company grants Wholesaler a limited, non-exclusive, revocable license to use the MineralBalance name and logo solely for the purpose of marketing and reselling test kits.

6.2 Accurate Representation. Wholesaler agrees to accurately represent the HTMA test and its capabilities. Wholesaler shall not make false, misleading, or exaggerated claims about the test or its results.

6.3 No Medical Claims. Wholesaler acknowledges that HTMA is an educational tool and does not diagnose, treat, or cure any disease. Wholesaler shall not represent the test as a diagnostic or medical device.

7. Returns and Refunds

7.1 Unused Kits. Unused, unopened test kits in original packaging may be returned within 90 days of purchase for a full refund, less a 15% restocking fee.

7.2 Defective Kits. Company will replace defective or damaged kits at no charge when reported within 14 days of receipt.

7.3 Customer Refunds. Wholesaler is solely responsible for their own refund policies with end customers. Company’s refund obligations are limited to Wholesaler, not Wholesaler’s customers.

8. Term and Termination

8.1 Term. This Agreement is effective upon approval of Wholesaler’s application and continues until terminated by either party.

8.2 Termination for Convenience. Either party may terminate this Agreement at any time with 30 days written notice.

8.3 Termination for Cause. Company may terminate this Agreement immediately if Wholesaler breaches any term of this Agreement, makes false or misleading claims about the products, or engages in any activity that damages Company’s reputation.

8.4 Effect of Termination. Upon termination, Wholesaler’s access to wholesale pricing and ordering is revoked. Wholesaler may continue to sell any remaining inventory but may not place new orders.

9. Limitation of Liability

10. Indemnification

Wholesaler agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from Wholesaler’s breach of this Agreement, Wholesaler’s resale activities, or any claims by Wholesaler’s customers.

11. General Provisions

11.1 Independent Contractors. Wholesaler is an independent contractor and not an employee, agent, or partner of Company.

11.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and agreements.

11.3 Amendments. Company may amend this Agreement at any time by posting updated terms on its website or providing written notice to Wholesaler. Continued participation in the wholesale program constitutes acceptance of amended terms.

11.4 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to conflict of laws principles.

11.5 Dispute Resolution. Any disputes arising from this Agreement shall be resolved through binding arbitration in Fairfax County, Virginia, in accordance with the rules of the American Arbitration Association.

11.6 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12. Contact Information

MineralBalance
10660 Page Ave Unit 1206
Fairfax, VA 22038
Email: [email protected]
Phone: (703) 485-8245