SIGN IN REGISTER HELP WHOLESALE Shop S'well Continue to the application form Welcome to S’well wholesale application portal. We're eager to learn more about you and your company! Please have all your information ready, including a couple pictures of your store. It will take about 5 minutes to complete the application and we'll begin reviewing it right away. We're excited to meet you. You can also shop us on Faire using swell.faire.com As part of placing S'well orders through Faire, you'll receive a handful of added benefits, including: Free returns and a lower minimum order quantity of $250 on your first purchase No minimum order quantity on replenishment orders Net 60 payment terms on all orders Please note: If you are located outside of the US, please apply here: https://www.swell.com/international-wholesale/ If you are interested in custom bottles or interested in ordering S’well for corporate gifting or special events, please visit https://business.swell.com/ BECOME A S’WELL RETAILER Interested in selling S’well? Please fill out the application below. Thank you for your interest. Primary Contact Information First Name* Last Name* Job Title Email* Phone* A/P Contact Name A/P Title A/P Email A/P Phone Organization Information Organization Name* Website Reseller #/Tax ID* Years in business* Headquarter Information HQ Name* HQ Address #1* HQ Address #2 HQ City* HQ State* Headquarter State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming HQ Zip Code* HQ Country ATTN Name Shipping Address #1* Shipping Address #2 Shipping City* Shipping State* Shipping State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Shipping Zip Code* Shipping Country Online Store Information Are you planning to sell online?* Please Select... Online Store Only Both Online & Retail No Retail Store Information Number of locations* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20+ Store #1 Shipping Address #1* Shipping Address #2 Shipping City* Shipping State* Shipping State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Shipping Zip Code* Shipping Country Appx Opening Order Volume (Total Units)* Please select an appx volume 50 - 100 100 - 500 500 - 1000 1000 - 5000 5000 - 10000 10000+ 50000+ Image Uploads: Image file size cannot exceed 3 megabytes. Images from your mobile phone may work best. Interior Image (Optional) Exterior Image (Optional) Interior Image 2 (Optional) Exterior Image 2 (Optional) Organization Types* Active Wear Beauty/Cosmetics Book Store Catalog Charity Childrens Coffee/Tea Specialty Fashion/Apparel Furniture Gift Gourmet/Wine Health/Grocery Home Decor/Kitchen Hotel Boutique Jewelry Museum/Gallery Press/TV School/University Spa/Salon Sporting/Gym Swim/Resort Technology Trade Travel Other Are you part of the promotional products industry?* Please Select... Yes No Where did you hear about us?* Please Select... Word of Mouth Search Engine Magazine Television Sales Rep Trade Show Was there an order placed at a trade show?* Please Select... Yes No Tell Us A Little More Top 3 notable brands you carry?* Social Media Handles facebook.com/ instagram.com/ twitter.com/ pinterest.com/ Who are your customers?* MINIMUM ADVERTISED PRICING POLICY Can’t Live Without It, LLC, d/b/a S’well Bottle (“S’well”) has established a minimum advertised pricing (“MAP”) policy, effective as of February 1, 2017 which applies to all authorized distributors, dealers, resellers, and retailers, whether brick & mortar locations or online (together, “Resellers”) of S’well products. The MAP (“Policy”) applies only to U.S. Resellers. This Policy has been established by S’well unilaterally to help ensure and preserve the goodwill and reputation of S’well and its products. The Policy applies to all advertisements of S’well products communicated or offered to the public in any and all media and means. For purposes of this policy, an “advertisement” includes, but is not limited to, printed advertisements in newspapers, magazine, inserts, catalogs or flyers; outdoor billboards or signage; broadcast advertisements over the radio, on television or on mobile applications; and online advertisements including advertisements on social media platforms, including but not limited to, on Facebook, Instagram and Twitter, email promotions, paid search ads and third party websites and mobile applications. Any form of in-store communication, including but not limited to, price tags, in-store signage, price quotations, or loyalty programs, to a customer is not an advertisement within the scope of this MAP policy. With respect to internet retailers, allowing customers to call or email for price quotes or coupon offering to be applied at checkout or in-cart price reductions are not advertisements within the scope of this policy. This Policy applies only to advertised prices and does not apply to the actual price at which the products are sold to an individual consumer. This Policy for S’well products will be provided to all Resellers. This Policy, as established by S’well, applies to any and all products and may be adjusted by S’well at its sole discretion and from time to time. S’well further reserves the right to adjust the Policy with respect to all or certain products in its sole discretion. For any instance of non-compliance, a warning will be issued that S’well products are being advertised below MAP. Resellers who do not abide by this policy will be subject to termination. S’well does not intend to do business with Resellers or any entity who negatively impacts or diminishes the goodwill or reputation of S’well or its products. S’well may issue warnings or terminate Resellers without prior notice if this Policy is violated. S’well will consider each violation based on its own merit, and any decision by S’well to terminate a Reseller is final. S’well does not ask for, nor will it accept, any assurance of compliance or agreement from a Reseller regarding this Policy, nor will S’well discuss any conditions of acceptance related to these Policy. Notwithstanding anything to the contrary that may be expressed or implied in or by one or more agreements with any Reseller and S’well, nothing in those agreements shall be construed as an agreement by the Reseller to comply with this Policy. This Policy does not establish maximum advertised prices. All Resellers may offer S’well products at any price in excess of the MAP established for such product. S’well reserves the right to modify, temporarily suspend or discontinue this policy, in whole or in part, or designate periods during which the terms of the policy change or during which the policy is not applicable. S’well will provide notice of any such changes directly to the Reseller. This Policy and its terms are confidential and should not be disclosed to third parties. The only S’well representative authorized to answer questions regarding this Policy and to comment on it, and to whom all questions regarding this policy or its implementation must be addressed, is Collette Parris, who can be reached via electronic mail at cparris@swellbottle.com. No other employee or agent is authorized to discuss S’well’s MAP Policy. PLEASE REVIEW THIS DOCUMENT CAREFULLY AND COMMUNICATE IT TO ALL INDIVIDUALS WITHIN YOUR ORGANIZATION. IT GOVERNS CERTAIN CONDITIONS OF SALE FOR FUTURE ORDERS. BY CHECKING THIS BOX, I AGREE TO THE MINIMUM ADVERTISED PRICING POLICY. U.S. RESELLER TERMS & CONDITIONS OF SALE PRICING: PRICING: All prices are wholesale and to the domestic trade only. Please coordinate with your sales representative or consult the most recent S’well catalog and order form on product pricings. MINIMUM ADVERTISED PRICING POLICY: S’well requires Reseller and Reseller agrees, to adhere to S’well’s Minimum Advertised Pricing “MAP”) policy which may be updated from time to time), unless otherwise instructed by S’well. Notwithstanding the foregoing, seasonal markdowns are allowed after 120 days for in-store inventory only. Resellers are allowed 10 markdown days during any twelve month period, any such mark down shall be capped at 25%, and must pre-approved in a prior writing by S'well. S’well’s MAP policy is attached hereto as Exhibit A. CHANNELS OF SALES: S’well does not allow retailers to sell online, except with explicit written permission. S’well bottles may only be sold at locations approved in writing by S’well. S’well bottles may only be sold direct to consumers and not to third party distributors. NEW ACCOUNTS: First time minimum order is $250.00 USD. Products must be ordered in case quantities in the minimum amounts set forth below, unless otherwise agreed to by the parties. A completed retailer application must be submitted through swellbottle.com/wholesale. New accounts will be opened at S’well’s sole discretion based upon market conditions and other factors deemed relevant by S’well. Each individual resale location must be approved by S’well. Please allow up to 2-4 weeks for a reply, response time may vary seasonally. Minimum Case Quantities Product Type Minimum Case Quantity Original S’well Bottle (all sizes) 4 Tumbler (all sizes) 4 S’well Eats (all sizes) 4 S’ip by S’well (all sizes) 4 S’nack by S’well (all sizes) 4 Drink Chiller 4 Champagne Flute 4 All Accessories (except Bottle and Traveler Handles) 4 Bottle and Traveler Handles 8 Bottle and Traveler Handle Display Pack 1 Roamer 2 Ice Bucket 2 Carafe 2 Shaker Set 2 Wine Chiller 2 ESTABLISHED ACCOUNTS: Minimum reorder is $100.00 USD. Products must be ordered in case quantities in the minimum amounts set forth above, unless otherwise agreed to by the parties. If annual volume is not reached the account will become inactive. INACTIVE ACCOUNTS: Previously established accounts that have not met the minimum annual maintenance or have not placed a re-order within six (6) months of last order will become inactive. To be reinstated, inactive accounts will be subject to reassessment and may be reopened at S’well’s sole discretion. CUSTOM ORDERS: S’well reserves the right to approve or deny any customization to S’well bottles which includes but is not limited to printed logos and etching. For more information contact custom@swell.com. INTERNATIONAL ORDERS: All international sales for resale are managed by S’well. U.S. retailers are strictly prohibited from distributing S’well Products outside the U.S. PAYMENT TYPE: Merchandise and applicable freight charges will be invoiced when order is processed. We require pre-payment by credit card for the first 3 orders, after which Net 30 terms are available upon credit approval. We do not accept C.O.D. orders. Customers who pay by credit card will be charged at the time orders are sent to the warehouse for processing. Accounts will be emailed a receipt once the order is paid, which will indicate that the warehouse is processing/packing the order to prepare for shipment. Processing time can vary per order. PAYMENT TERMS: A $30 fee will be assessed for returned checks. We reserve the right at any time to suspend or change credit terms provided if your account standing becomes past due. A failure to pay invoices when due will make all subsequent invoices immediately due and payable irrespective of terms. Additionally, S’well may withhold all subsequent deliveries until the account is settled in full. For any invoice inquiries and requests contact ar@swellbottle.com. ORDER PROCESSING TIME: For orders in stock, the average processing time is 5-10 business days. Any changes or edits to an order will be considered by your S’well representative but no adjustments are guaranteed. BACKORDERS: If an item is not in stock, it will go on backorder and be sent out automatically when restocked. The buyer is responsible for canceling backorders if the item is no longer required. For order edits, please contact wholesale@swellbottle.com. Refused merchandise will incur freight and/or storage charges in addition to a 10% restocking fee. SHIPPING: U.S. orders ship via UPS Ground. Freight charges apply and will be added to invoice upon processing. Please provide any special shipping instructions or guidelines at the time the order is placed. Buyer shall be responsible to file damages with the carrier for the unlikely and unfortunate event of damage occurred in transit. CLAIMS & RETURNS: All claims for exchanges or returns must be made within 14 days of receipt of goods with photographic evidence. Merchandise purchased for future use must be inspected upon receipt. Accepted claims and returns of S’well products include any evidence of damaged goods on arrival or a false shipment. Failure to make a claim within the stated time constitutes acceptance of the goods as is. No returns are accepted without authorization from a S’well representative. Retailer must submit the S’well damage form and photos through the S’well wholesale portal in order to file a claim. Retailer is responsible for reporting/filing claims on behalf of their customer. INTELLECTUAL PROPERTY: Reseller agrees that it will not manufacture, purchase, distribute, advertise, promote, display offer for sale, or sell any bottle that is an imitation of, or is otherwise confusingly similar to, any S’well product while Reseller maintains an active account with S’well or otherwise advertises, promotes, offers for sale, or sells S’well products. Retailer agrees that it will not purchase S’well products from any source other than from S’well. COMPLIANCE WITH LAWS. S’well will be solely responsible for complying with all laws with respect to S’well’s fulfillment and shipping of orders and the offering of S’well’s product for sale in-store and online. In addition, S’well will timely notify Reseller in writing if any such law impacts, in any way, Reseller’s ability to advertise, market, sell or distribute any product handled by S’well or otherwise impacts S’well’s performance under this agreement. ASSIGNMENT. Reseller may not assign, delegate, or otherwise transfer to any entity any of its rights or obligations under this agreement or under any order without S’well’s written consent. For purposes of and without limiting the foregoing, a change of control of Reseller will be deemed to constitute an assignment (or purported assignment) of this agreement by Reseller. LIMITATION OF DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUES, BUSINESS INTERRUPTION AND THE LIKE), ARISING FROM OR RELATING TO THE RELATIONSHIP BETWEEN S’WELL AND RESELLER, INCLUDING ALL PRIOR DEALINGS AND AGREEMENTS, OR THE CONDUCT OF BUSINESS UNDER OR BREACH OF THIS AGREEMENT OR ANY ORDER, CANCELLATION OF ANY ORDER OR ORDERS OR THE TERMINATION OF BUSINESS RELATIONS, REGARDLESS OF WHETHER THE CLAIM UNDER WHICH SUCH DAMAGES ARE SOUGHT IS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, REGULATION OR ANY OTHER LEGAL THEORY OR LAW, EVEN IF RESELLER OR S’WELL HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES. PROVIDED, HOWEVER, THE FOREGOING WILL NOT LIMIT THE SPECIFIC RIGHTS AND REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT. FORUM SELECTION; CHOICE OF LAW; STATUTE OF LIMITATIONS: This agreement, and any and all disputes arising under this agreement or relating hereto, whether sounding in contract or tort, will be governed by and construed in accordance with the laws of the State of New York without regard to the internal law of New York regarding conflicts of law, and the federal and/or state courts in New York will have exclusive jurisdiction over any actions or suits relating thereto. The business relationship between S’well and each reseller is “AT WILL;” that is, S’well is free at any time to choose those with whom it wishes to deal. The parties hereto expressly understand and agree that each party is an independent contractor in the performance of each and every part of this agreement, is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Neither party nor its agents or employees are the representatives of the other party for any purpose and neither party has the power or authority as agent, employee or any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever. Moreover, both parties reserve the right at any time to terminate the relationship for any reason whatsoever without penalty upon at least with 30 days’ advance written notice to the other party. This agreement may not be modified without the express written consent of both parties. ENTIRE AGREEMENT. This agreement and any order constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement. All prior agreements, negotiations, dealings and understandings, whether written (including any electronic record) or oral, regarding the subject matter hereof, are superseded by this agreement. Furthermore, if there is a conflict of terms between this agreement and an order, this agreement will be the controlling document. S’well’s U.S. Reseller Terms and Conditions of Sale are hereby agreed to and acknowledged. BY CHECKING THIS BOX, I AGREE TO THE TERMS & CONDITIONS If you are having any problems submitting your application, please email us at applications@swellbottle.com. Customer Service FAQ Contact Us Sales Policies MAP Policies Policies Privacy Policy Accessibility Standards Our Company About S'well S'well Authenticity Resources Wholesale Application Swell.com International Wholesale Corporate Gifts Sponsorship Cal. Civ. Code §1798.135: Do Not Sell My Info © 2021 CAN’T LIVE WITHOUT IT, LLC. All Rights Reserved.