PRIVÉ PRIDES ITSELF ON CLEAN DISTRIBUTION.
Any party that attempts to sell Privé online will receive a letter from our Attorneys advising them of Trademark & Copyright violations and the $150,000 ﬁne that it incurs. Privé has been successful at removing large diverters, including shipping companies that sell inventory of lost shipments as customary practice. We have
successfully shut down salons that provide our products to unauthorized salons, retailers or online stores, and will continue to do so. We have a zero tolerance policy, and reinforce this on every order placed by our clients.
PRIVÉ PRODUCTS ANTI-DIVERSION POLICY
Each order conﬁrmation includes the following: Purchaser agrees that all Privé products (a) will be used by Purchaser on its premises in connection with providing services to clients, or (b) in the case of retail products designed for use at home, will be sold only to legitimate customers in such reasonable quantities as those customers may purchase for use at home, or (c) will be provided to customers as samples in such quantities as those customers might reasonably use. Purchaser agrees that it will not resell or otherwise redistribute Privé products to any diverter or re-distributor of products. Purchaser agrees that it will not remove, alter or otherwise tamper with any codes applied to Privé products. Purchaser acknowledges that the diversion of Privé products to unauthorized locations seriously damages Privé’s reputation with consumers and the reputation of Privé products, and will likely cause confusion as to Privé’s approval of the sale of its products through unauthorized locations. Purchaser also acknowledges that diversion disrupts Privé’s business relations with its exclusive authorized accounts, and costs Privé enormous amounts of money every year to police and repurchase diverted products. Accordingly, Purchaser agrees that if it violates this contract, Privé shall be entitled to obtain an injunction in any court of competent jurisdiction against Purchaser prohibiting such violation, and that Purchaser will pay to Privé in damages a sum equal to the full retail price normally charged by Purchaser for any Privé products sold to Purchaser that are resold by Purchaser in violation of this agreement, and that Purchaser will further pay as damages whatever costs are incurred by Privé to recover any such diverted product, including legal fees. Purchaser also agrees that if it violates this contract, its eligibility for reimbursement, including reimbursement for any outstanding claims, through the Privé Prestige Rewards program or any other similar program will be forfeited. Purchaser agrees that the provision of this contract is speciﬁcally intended to beneﬁt Purchaser and Privé, and that either of them may bring an action to enforce the provisions of this contract. This contract governs all purchases of Privé products that Purchaser may make from Privé. Either Purchaser or Privé may terminate this agreement with respect to future purchases immediately upon notice.