Reseller Policy

Effective Immediately

Elavi, Inc (“Elavi”) has implemented these Authorized Retailer Purchase Terms of Service (the "Terms"), which apply to retailers of Elavi products in the United States of America. By purchasing products (“Products”) from Elavi for retail sale, you (“Retailer,” “you,” or “your”) agree to adhere strictly to these Terms. Please read them carefully.

Unless and until such status is otherwise revoked by Elavi, a Retailer shall be considered an “Authorized Retailer.” Elavi reserves the right, in its sole discretion, to approve, deny, or terminate any Retailer’s authorization at any time, for any reason, with or without notice.

Upon termination, Retailer must immediately cease any further purchase, resale, distribution, marketing, or use of Elavi Products, and must discontinue all use of Elavi intellectual property.

1. Appointment

Retailer is granted a non-exclusive, non-transferable right to purchase Products from Elavi solely for resale to end consumers in accordance with these Terms.

Retailer is not authorized to resell any products manufactured or sold by Elavi except those purchased directly from Elavi through approved wholesale channels.

Retailer is, at all times, an independent contractor. Nothing in these Terms creates an agency, partnership, employment, or franchise relationship.

2. Terms of Sale

(a) Purchase Orders and Products

Orders (“Purchase Orders”) are subject to Elavi’s then-current order-processing procedures. Elavi may reject any Purchase Order, discontinue any Product, change formulations, or limit production at any time in its sole discretion.

(b) Product Shipment

Title transfers to Retailer upon shipment. All risk of loss (including theft or damage) becomes Retailer’s responsibility at that time.

(c) Payment Terms

Products and shipping must be paid for in advance. Failed payments or chargebacks may result in termination of Authorized Retailer status.

(d) Product Returns

Food and consumable products (including protein brownies and dessert spreads) are non-returnable.
Retailers must follow the return, refund, and damage-reporting procedures detailed in the original policy.

3. Manner of Sale

(a) Authorized Customers Only

Retailer may sell Products solely to end consumers. Retailer may not sell or transfer Products to:

  • Any person or entity for the purpose of resale
  • Any distributor
  • Any wholesale purchaser
  • Any marketplace seller
  • Any online reseller

without prior written consent from Elavi.

(b) Geographic Sales

Products may not be marketed, sold, or shipped outside the United States without prior written approval.

(c) Online Sales – STRICTLY PROHIBITED WITHOUT WRITTEN CONSENT

Retailer shall not market, list, offer, or sell any Elavi Products on:

  • Amazon (ANY geography)
  • Walmart Marketplace
  • eBay
  • Etsy
  • TikTok Shop
  • Facebook Marketplace
  • Any third-party e-commerce marketplace
  • Any publicly accessible website not expressly approved in writing by Elavi

This includes direct listings, drop-shipping, retail arbitrage, or fulfillment through marketplace warehouses (e.g., FBA).

Elavi does NOT authorize any distributors to supply Products to online marketplace resellers.

Any distributor claiming to offer Elavi Products for Amazon or marketplace resale is acting without authorization, and such Products may be diverted, expired, or improperly stored.

(d) Product & Packaging Alterations Prohibited

Products must be sold in their original, unopened packaging. Retailer may not relabel, alter, repackage, bundle, or modify Products in any way.

4. Marketplace Enforcement & Consequences

To protect customers, brand integrity, food safety, and trademark rights, Elavi enforces a zero-tolerance policy for unauthorized marketplace selling.

Retailer acknowledges and agrees that:

(a) Unauthorized Marketplace Listings Will Trigger Immediate Action

If Retailer lists Elavi Products on any prohibited marketplace without written consent, Elavi may immediately:

  • File complaints through Amazon Brand Registry
  • Request removal of unauthorized listings
  • Pursue suspension or termination of the violating seller’s account
  • Issue cease-and-desist notices and pursue legal action
  • Pursue damages for trademark infringement, unfair competition, and violation of these Terms

(b) No Warranties for Unauthorized Sellers

Products purchased from unauthorized sellers are not covered by Elavi guarantees, quality assurances, refunds, or customer support.

5. Warranty Disclaimer

Except as otherwise expressly provided, all Products are sold “AS IS” and “AS AVAILABLE” without warranties of any kind.

6. Intellectual Property

Elavi owns all rights to its trademarks, logos, product images, branding, content, and all related intellectual property.
Retailer may not use Elavi IP without express written permission.

7. Termination

Elavi may terminate Authorized Retailer status at any time, with or without cause or notice.
Upon termination, Retailer must immediately stop selling and advertising Products, remove all online listings, and cease all use of Elavi IP.

8. Indemnification

Retailer agrees to indemnify, defend, and hold Elavi harmless against any claims, damages, losses, or liabilities arising from Retailer’s conduct or breach of these Terms.

9. Updates

Elavi may update these Terms at any time. Continued purchase or resale of Products constitutes acceptance of the updated Terms.