REFERENCE POLICY

Last updated: January 6, 2023

 

Quality policy and authorized resale

By purchasing NANO POWER DIGITAL's services for resale, you agree to adhere to this REFERRALS Policy.

To ensure that NANO POWER DIGITAL's authorized REFERRALS ("REFERRALS") are able to maintain healthy margins and ensure that NANO POWER DIGITAL end users are being provided with a quality sales and customer support experience, NANO POWER DIGITAL has announced this REFERRAL Policy (the "REFERRAL Policy"). NANO POWER DIGITAL believes that its end user customers are best served by having REFERRALS who market NANO POWER DIGITAL Services as a premium branded product or services and who provide an exceptional level of service and support to their end user customers.

NANO POWER DIGITAL adopts this Resale and Quality Policy (this "Policy") and requires each person, company or entity (as applicable, a "REFERRER") that purchases its services (the "Services") for resale or other distribution to agree to comply with this Policy. Accordingly, the terms of this Policy are incorporated into and in addition to any agreement entered into between NANO POWER DIGITAL and the REFERRER with respect to the purchase or sale of the Services by the REFERRER.

  1. Sales only to end users.

Unless otherwise agreed with NANO POWER DIGITAL in writing, the RETAILER may only purchase Services for resale to consumers and end customers and the RETAILER may not resell the Services to suppliers or for further distribution in any manner.

  1. Internet sales are prohibited.

A REFERRER is prohibited from selling NANO POWER DIGITAL's product or services on the Internet unless it requests, is approved by NANO POWER DIGITAL and executes an Authorized Internet Referrer Agreement or other similar agreement governing the manner in which it sells online.

  1. Sales restricted to the territory.

If the Referrer acquires the Services under a contract that obligates the Referrer to resell the Services in a geographic territory, the Referrer must comply with that obligation.

  1. Intellectual Property.

Unauthorized use of intellectual property from our Services is prohibited. REFERRALS who comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use NANO POWER DIGITAL's trademarks and copyrights in connection with the sale of the Product or Services. Referrer shall not alter, modify or change any trademark or copyright, or use any trademark or copyright other than for the promotion and sale of the Services, or use any trademark or copyright in any manner that adversely affects such trademark or copyright. Failure to comply with the Policy will result in automatic revocation of the license granted herein and forfeiture of all rights granted herein. NANO POWER DIGITAL reserves the right to revoke this license at any time for any or no reason.

 

  1. Service inspection.

NANO POWER DIGITAL will promptly inspect all Services upon completion and will promptly return, in accordance with the Conditions of Sale, any Services that appear incomplete or unsatisfactory upon inspection.

  1. Sales practices.

REFERRER will conduct its business in a reasonable and ethical manner at all times and will not engage in any deceptive or unethical advertising or practices at any time, or make any warranties or representations with respect to the Services, except as expressly authorized by NANO POWER DIGITAL. REFERRER will comply with all applicable laws, rules, regulations and policies relating to the advertising, sale and marketing of the Services.

  1. Customer service level.

The REFERRER shall provide the highest levels of customer service. The REFERRER and the REFERRER'S sales personnel shall be familiar with the special features of all NANO POWER DIGITAL Services marketed for sale and shall obtain sufficient knowledge of the product or service to advise customers on the selection and safe use of the services, as well as any applicable warranty or return policy.

  1. Customer service channels.

REFERRER will maintain the telephone and email customer service response functions, as required by the Original Agreement, to handle customer complaints, cancellations and other customer service functions. At NANO POWER DIGITAL's request, the REFERRER will provide any reports or other information requested by NANO POWER DIGITAL, with respect to a particular Service to determine the date or purchase of the Service by the REFERRER, the location where the Service was purchased and the dates on which the Service was sold or performed by the REFERRER to a purchaser.

  1. Consumer safety and cancellation of service.

REFERRER will cooperate with NANO POWER DIGITAL in connection with any investigation of consumer safety complaints or any assessment of a cancellation of the Service. To ensure the safety and well-being of end users of the Services, the REFERRER agrees to cooperate with NANO POWER DIGITAL with respect to any cancellation of Service or other consumer safety information dissemination efforts.

  1. Service Failure.

If any significant amount of Services purchased by the RETAILER fails, the RETAILER shall promptly report such event to NANO POWER DIGITAL.

  1. Report unauthorized REFERrals.

If the Referrer has information, or reasonably suspects, that any person is purchasing and reselling or distributing Services in a manner not authorized by NANO POWER DIGITAL, the Referrer must immediately notify NANO POWER DIGITAL.

  1. Other information, documents and reports.

REFERRER shall provide NANO POWER DIGITAL with any supplemental information, documents and reports that NANO POWER DIGITAL may request to validate REFERRER's compliance with this Policy and to support NANO POWER DIGITAL's warranty and customer support obligations and initiatives.

  1. Unilateral policy changes

NANO POWER DIGITAL sales personnel have no authority to modify or grant exceptions to this One-Sided Policy. All questions regarding the interpretation of this Policy should be directed to the REFERRALS Policy Committee at info@nanopowerdigital.com. 

  1. Termination and liability due to policy violation

If NANO POWER DIGITAL determines that the REFERRER is in violation of this REFERRAL Policy, it may take all appropriate legal action, including, but not limited to, refusing to accept orders from the REFERRER or instructing its distributors to refuse to accept orders from the REFERRER.

  1. Policy modification and changes

NANO POWER DIGITAL reserves the right to update, amend or modify this REFERRER Policy at any time. Unless otherwise stipulated, such modifications shall be effective immediately and the continued use of the REFERRER, advertising, offering for sale or sale of the Product or services shall be deemed to be acceptance of the modifications by the REFERRER.