This Wholesale Terms Agreement ("Agreement") is entered into by and between PD Games LLC ("Company") and the applying wholesale customer ("Customer"). This Agreement outlines the terms and conditions governing the wholesale purchase and resale of games offered by the Company.

Wholesale Pricing:

1.1 Customer agrees to purchase games from the Company at the wholesale prices listed on the Company's official wholesale website.

1.2 Wholesale pricing is subject to change at the Company's discretion.

Minimum Advertised Price (MAP) Policy:

2.1 Customer acknowledges and agrees to abide by the Company's Minimum Advertised Price (MAP) policy listed on the wholesale website for all games purchased under this Agreement.

2.2 Customer shall not advertise, market, or sell any games at a price lower than the MAP established by the Company.

2.3 The Company reserves the right to enforce its MAP policy by monitoring online and offline advertising and sales channels.

Sales Channels:

3.1 Customer shall not sell any Company products on major e-commerce platforms, including but not limited to Amazon, eBay, TikTok, and other similar marketplaces, without express written consent from the Company.

3.2 Customer may sell Company products through its own brick-and-mortar store(s) and its own website(s), subject to compliance with this Agreement.

Resale:

4.1 Customer agrees to resell Company games only in their original, unaltered packaging.

4.2 Customer shall not repackage, rebrand, or alter the appearance of Company products in any way.

4.3 Customer shall not misrepresent the origin, quality, or condition of Company products.

Branding and Trademarks:

5.1 Customer shall not use Company trademarks, logos, or branding materials in a manner that implies an affiliation with or endorsement by the Company without prior written consent.

5.2 Customer agrees to comply with all applicable laws and regulations regarding the use of intellectual property and trademarks.

Payment:

6.1 Payments are made in full at the time of purchase. 

Returns and Refunds:

7.1 Returns and refunds for defective or damaged products shall be handled in accordance with the Company's Return Policy, as specified on the Company's wholesale website.

7.2 Unauthorized returns will not be accepted.

Termination:

8.1 Either party may terminate this Agreement with written notice to the other party.

8.2 Termination of this Agreement shall not affect the rights and obligations accrued prior to termination.

Governing Law and Jurisdiction:

9.1 This Agreement shall be governed by and construed in accordance with the laws of The United States of America.

9.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located within The United States of America.

Entire Agreement:

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral, relating to the subject matter herein.

By checking the associated box on this wholesale application or placing an order on this Official Popdarts Wholesale Website, the parties hereto agree to be bound by the terms and conditions of this Wholesale Terms Agreement.