Reseller Policy

EFFECTIVE IMMEDIATELY

AUTHORIZED INTERNET RESELLER POLICY

By purchasing Mrs. Fields Gifting and Licensing, LLC products for resale, you agree to adhere to this Reseller Policy.

In order to ensure Mrs. Fields Gifting and Licensing, LLC, (“Mrs. Fields”), resellers are able to sustain healthy margins on Mrs. Fields products and ensure that Mrs. Fields’ end-users are being provided a quality sales experience and customer support, Mrs. Fields has announced this Reseller Policy (the “Reseller Policy”). Mrs. Fields believes that its end-user customers are best served by having resellers who market Mrs. Fields’ products as premium brand products and who provide an outstanding level of service and support to their end-user customers.

Mrs. Fields has also decided that, in order to maintain and protect the viability of the Mrs. Fields reseller network for its products, in order to protect the value associated with Mrs. Fields’ brands in connection with its products, and in order to ensure high-quality support by resellers to end-users of those products, resellers must comply with the following terms and conditions: 

  • Appointment. Reseller can advertise and sell the Mrs. Fields Products to End-Users located in the United States of America solely on the Internet URL locations that have been approved in writing by Mrs. Fields.  This includes Internet marketplaces including, but not limited to, Amazon, Walmart, eBay, Target, Rakuten, and Sears. Mrs. Fields may revoke or amend Reseller's Internet Authorization by sending notice to Reseller and such revocation or amendment shall become effective upon delivery of such notice;
  • Transshipping. Resellers shall not transship products. Specifically, resellers shall not sell or transfer any Mrs. Fields products to any person or entity for resale. Resellers agree to restrict, cease, or limit the sale of Mrs. Fields’ products to anyone at the request of Mrs. Fields;
  • Geographic Sales Boundary. Resellers may only sell and advertise for sale Mrs. Fields’ products within the United States. Mrs. Fields hereby expressly prohibits resellers from soliciting or consummating sales outside of the United States;
  • Intellectual Property. The use of the intellectual property of Mrs. Fields, including, but not limited to, trademarks, tradenames, product images, marketing banners, and other digital assets, without written consent from Mrs. Fields is prohibited;
  • Paid Search Advertising. Reseller shall not, directly or indirectly, without Mrs. Fields’ prior written consent, which may be granted or withheld in Mrs. Fields’ sole discretion, engage in any paid search advertising, search engine marketing, or other online advertising or marketing campaign that uses a Mrs. Fields Mark or any word or phrase that is confusingly similar to a Mrs. Fields Mark (including any variation or misspelling) as a stand-alone search term or keyword. Reseller must set the Mrs. Fields Marks as a negative exact match or negative keywords. Any paid search advertising, search engine marketing, or similar online advertising or marketing campaign by Reseller must use the Mrs. Fields Mark combined with a descriptive or generic term or phrase related to the Products and shall not identify Products unavailable for purchase from Reseller, or direct consumers to a website that does not sell Products, or use terms like “official” or “original” or other words and phrases that are misleading or inaccurate. Further, Reseller’s online advertising or marketing campaigns shall be consistent with the high standards, value, reputation, and prestige associated with the Products and the Mrs. Fields Marks and shall not use terms such as “clearance” or “lowest prices” and the like or identify percentage or dollar discounts. In all cases, Mrs. Fields will make the final determination in its sole discretion as to whether a particular use of a Mrs. Fields Mark in online advertising or marketing campaigns is permissible;
  • Sales Practices. Resellers shall conduct their business in a reasonable and ethical manner at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time nor make any warranties or representations concerning the products except as expressly authorized by Mrs. Fields. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Mrs. Fields’ products;
  • Quality Controls. Resellers shall comply with all quality control standards, including, but not limited to, advertising, storage, and shipping requirements, as announced from time to time by Mrs. Fields;
  • Service. Resellers shall provide the highest levels of customer service. Resellers and their sales personnel shall be familiar with all Mrs. Fields products marketed for sale and must obtain sufficient product knowledge to advise customers on the selection of the products, as well as any applicable warranty, guarantee, or return policy;
  • Product Packaging. Resellers shall sell Mrs. Fields’ products in their original packaging. Relabeling, repackaging, bundling and other alterations are not permitted without written permission from Mrs. Fields. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, or other identifying information on products or their packaging is prohibited. Resellers shall not remove, translate, or modify the contents of any label or literature on or accompanying the products; and
  • Unilateral Pricing Policy. Resellers are informed of Mrs. Fields’ Unilateral Pricing Policy as it applies to the advertisement for the sale of Mrs. Fields’ products from resellers to end-users in the United States. There is no agreement, express or implied, between Mrs. Fields and resellers with respect to the advertised or resale pricing of Mrs. Fields’ products. If any director, officer, employee, representative, or other agent of Mrs. Fields tries to coerce resellers to agree to the price at which resellers advertise or resell Mrs. Fields’ products, such action shall be considered void, unauthorized, and without effect and resellers shall promptly notify Mrs. Fields at brandprotection@mrsfields.com.
  • Additional Terms and Conditions. Resellers agree to comply with the additional terms and conditions set forth by Mrs. Fields from time to time which may be changed by Mrs. Fields in its sole discretion.

Mrs. Fields reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and a reseller’s continued use, advertising, offering for sale, or sale of the products will be deemed reseller’s acceptance of the amendments.

If Mrs. Fields determines that a reseller is in violation of this Reseller Policy, Mrs. Fields may take any and all appropriate legal actions, including, but not limited to, refusing to accept orders from the reseller or instructing its distributors to refuse to accept orders from the reseller.

Any questions regarding this Reseller Policy must be emailed to: brandprotection@mrsfields.com.