Chow420 Seller

Chow420.com is an online marketplace where hemp businesses may sell hemp products directly to buyers in the United States. Chow wants to ensure that sellers have a positive experience selling products on Chow.

Please continue reading to find out more about your rights, as well as what is expected of you, as a seller on Chow.

This Seller Policy (“Policy”) governs your access to and use of Chow’s Services (“Services”) on Chow420.com (“Chow,” “we” or “us”) operated by Vliso Inc., d/b/a Chow420.com. This Policy is an agreement between you or the business you represent (“Seller,” “you” or “your”) and Chow. By registering for or using Chow’s Services, you agree to be bound by the terms of this Policy.

This Policy was published on October 18th, 2020. It will take effect on October 18th, 2020. 

This Policy is a part of our Terms and Conditions. By signing up as a Seller, you agree to this Policy and our Terms and Conditions.

1. Enrollment

To begin the enrollment process, Seller must complete the registration process. Use of Chow’s Services is limited to parties that can lawfully enter into and form contracts under applicable law. As part of the application, Seller must provide Chow with Seller’s (or the business of Seller’s) legal name, address, phone number and e-mail address, as well as any other information Chow may request. Any personal data provided to Chow will be handled in accordance with Chow’s Privacy Policy.

2. What Products Can Be Sold on Chow?

Chow is a unique marketplace. Buyers come to Chow to purchase hemp-derived consumer products, such as dietary supplements, cosmetics, foods/beverages and/or certain smokable hemp products described in Section 3 below.

All products sold on Chow must contain hemp, or a hemp-derived ingredient, such as full spectrum hemp extract or broad spectrum hemp extract, and must not exceed three-tenths percent (0.3%) total tetrahydrocannabinol (THC), including precursors, on a dry-weight basis. For purposes of this Policy, “total THC” includes the total potential THC concentration post-decarboxylation, which is equal to delta-9 THC + (THCA [tetrahydrocannabinolic acid] x 0.877).

Chow encourages Sellers to be transparent about the ingredients contained in products sold on Chow.

All products sold on Chow shall be labeled in accordance with federal, state and local product labeling regulations, where applicable, as provided below.

3. What Products Can't Be Sold on Chow?

The following products are prohibited from sale on Chow:

• Raw hemp flower. Some categories of smokable hemp products may be sold on Chow (e.g., hemp vape products, hemp cigarettes, hemp cigars, etc.).Raw hemp flower which has not been “manufactured” in some form, such as into a hemp cigarette, hemp cigar, hemp vape, etc., shall not be sold on Chow. Merely placing or packaging raw hemp flower in a jar or other container does not constitute a “manufactured” hemp product for purposes of this Policy.

• Hemp products which exceed three-tenths percent (0.3%) total tetrahydrocannabinol (THC), including precursors, on a dry-weight basis.

• Products which do not contain hemp or hemp-derived ingredients.

Chow may choose, in its sole discretion, to remove any listings that violate this Policy. Chow may also suspend or terminate an account for violations of this Policy. Sellers shall pay all outstanding fees upon termination of Seller’s account.

4. Managing Products Sold on Chow

By selling products on Chow, Seller agrees to:

• Provide honest, accurate and complete information about all products
• Ensure product labeling, such as any text, photos or videos used to represent the products adheres to all applicable laws and regulations
• Accurately represent products in listings descriptions and photos
• Respect the intellectual property of others
• Not engage in fee avoidance
• Not coordinate pricing with other sellers

5. Seller’s Responsibilities

1. Regulatory Compliance and Product Labeling

By listing a product for sale on Chow, Seller understands and agrees to comply with all applicable laws and regulations for the products listed for sale, including any required labels and warnings. Seller hereby covenants, warrants and agrees that all products sold on Chow will comply with the representations and warranties provided in Exhibit A.

Chow assumes no responsibility for the accuracy, labeling, or content of Seller’s listings.

1. Shipping Age-Restricted Products

Seller agrees to exercise due diligence when shipping age-restricted products purchased on Chow to buyer(s). Seller shall be responsible for complying with all state and federal regulations governing age-restricted hemp products. Chow strongly encourages sellers to ship products with signature confirmation requirements to ensure that the buyer who receives the item is the same age-verified buyer who purchased the product(s) online at Chow.

1. Shipping to Certain States May Be Prohibited Under State Law

Seller shall not ship products outside of the United States and shall exercise due diligence when shipping products to buyers within the United States. Seller acknowledges that state laws and regulations may vary significantly with respect to the distribution, sale and/or possession of hemp and hemp-derived products. Accordingly, Seller shall comply with all state and local laws and regulations upon engaging in the interstate or intrastate commerce and/or transport of hemp products.

1. Meeting Service Level Standards

Seller shall provide adequate and reasonable customer service and maintain trust with buyers. Seller shall respond promptly to buyer inquiries and provide honest and truthful information regarding Seller’s products.

6. Subscription Service

Subscription fees on Chow are non-refundable. Chow shall only stop subscriptions from renewing upon cancelation of the subscription.

7. Fees & Payments Policy

Seller may list products on Chow for free. Chow charges fifteen percent (15%) of the purchase price on every product purchased on Chow.

8. Product Reviews

Buyers can leave a review on Chow, including a one to five star rating and a photograph of their purchase on or after their item’s delivery date.

Seller may submit a request to Chow if Seller wishes to incorporate buyer reviews from their primary sales website to Chow420.com. Seller shall submit an email request to [email protected] to make such a request. Chow may, in its sole discretion, grant or deny the request and shall notify Seller of its decision within a reasonable time upon submission of Seller’s request.

In the event Seller receives an unfavorable review, Seller may choose to reach out to the buyer or, if the review is less than 3 stars, leave a response.

Reviews and your response to reviews may not:

• Contain private information;
• Contain obscene, racist, or harassing language or imagery;
• Contain prohibited “drug” claims (i.e., claims which indicate the product is intended to diagnose, treat, cure or prevent any disease; or intended to affect the structure or function of the human body, unless permitted by law);
• Contain advertising or spam;
• Discuss content outside Seller’s control, such as a shipping carrier, Chow or a third party;
• Contain threats or extortion; or
• Include shilling or otherwise falsely inflate a shop’s review score
• Contain any other statements that violate any federal, state or local law or regulation

9. Seller’s Account and Chow’s Terms

To keep Chow safe and improve Chow’s services, Chow, in its discretion, may take actions that limit the visibility of a Seller’s shop, listings or ads, or that impact a Seller’s payment account. In the event a shop sees unusual order activity, or Chow otherwise believes that Chow’s actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, Chow may take actions such as limiting visibility of a Seller’s account, or placing restrictions or reserves on a Seller’s payments account, in accordance with our Terms and Conditions, including this Policy. When appropriate and permitted by law, Chow may communicate information to the affected Seller about the issue.

In the event Seller experiences an unusual spike in orders, particularly in a high demand category, Seller may see an increase or decrease in its search ranking. Often, if Seller sees an increase in fulfilled orders and good reviews, this may result in higher visibility and search rank.

In addition, Chow may limit the visibility of listings or ads in the interest of keeping Chow safe, and improving Chow’s Services. For example, listings or ads may have decreased visibility because they include terms that represent a prohibited item or based on third-party policies. These listings or ads may also be restricted from appearing in one or more features of services. While these listings or ads may have limited visibility, they are still discoverable in search.

If Chow has reason to believe Seller has violated Chow’s Terms and Conditions, including this Seller Policy, Chow may deactivate, suspend or terminate Seller’s account (and any accounts Chow determines is related to Seller’s account) and Seller’s access to the Services. Generally, Chow will notify Seller that Seller’s account has been suspended or terminated, unless Seller has repeatedly violated the Terms and Conditions or Chow has legal or regulatory reasons preventing Chow from notifying Seller.

10. Term and Termination

The term of this Policy will start on the date of Seller’s completed registration for use of the Services and continue until terminated by Seller or Chow as provided below. Seller may at any time terminate Seller’s use of Services immediately on notice to Chow via email at [email protected]

Chow may terminate Seller’s use of any Services or terminate this Policy for convenience with 30 days’ advance notice. Chow may suspend or terminate Seller’s use of any Services immediately if Chow determines that (a) you have materially breached the Policy and failed to cure within 7 days of a cure notice unless Seller’s breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) Seller’s account has been, or our controls identify that it may be used for deceptive or fraudulent, or  illegal activity; or (c) Seller’s use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Chow’s legitimate interests.

Chow shall promptly notify Seller of any such termination or suspension via email or similar means, indicating the reason and any options to appeal, except where Chow has reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable Seller to circumvent our safeguards. On termination of this Policy, all related rights and obligations under this Policy immediately terminate, except that (d) Seller will remain responsible for performing all of Seller’s obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.

11. Indemnification

1. Seller’s Indemnification Obligations. Seller shall defend, indemnify, and hold harmless Chow, and Chow’s officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) Seller’s non-compliance with applicable laws; (b) Seller’s products, including the offer, sale, fulfillment, refund, cancellation, return, or adjustments thereof; (c) Seller’s taxes and duties or the collection, payment, or failure to collect or pay Seller’s taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations Seller has made.

1. Process. If any indemnified claim might adversely affect Chow, Chow may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. Neither Chow nor Seller may consent to the entry of any judgment or enter into any settlement of an indemnified claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

12. Colorado Law Applies

This Seller Policy shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.

Questions? Please Contact Us

If you have any questions about this Seller Policy, please contact us by email at [email protected]

Exhibit A

Seller’s Representations & Warranties

• Seller hereby covenants, represents and warrants that:

1. Each product shall be merchantable, fit for its intended purpose, and free from any defects and otherwise comply and be formulated consistent with the specifications provided to Chow in all material respects;
2. Each product shall be manufactured following current good manufacturing practices and in accordance with standards at least as high as current industry standards;
3. Each product will not be labeled with false or misleading labels, the label shall have directions for use that are necessary and appropriate in a way that is easily read and understood by consumers, and all nutritional and ingredient information, labels, packaging, and any statement, claim or other promotional materials for the products are complete, accurate, not misleading in any respect, and in compliance with all applicable laws, regulations and rules, (including, without limitation, the Federal Food, Drug and Cosmetic Act (the “FDCA”) and the Fair Packaging and Labeling Act;
4. No product shall infringe or misappropriate any patent, copyright, trademark, trade secret, trade dress or other proprietary rights, or be considered a counterfeit of the product of a third party;
5. Each product shipped under this Policy will be free from any liens, encumbrances or defects in title;
6. Each product containing a third-party certification complies with all required standards for the use and promotion of such third-party certification;
7. Seller has adequate substantiation to support all statements and claims made on the product labels and labeling, packaging and all other promotional material; and
8. Seller shall be responsible for continuing compliance with such laws, regulations and rules as they may be amended in the future, and shall promptly take any corrective actions (including any identified by Chow) with respect thereto;

• Seller additionally represents and warrants that:

1. All products (including packaging and labels):
   1. will not be contaminated with a foreign substance or contain any rancid ingredient at the time of delivery to any buyer;
   2. will properly disclose all ingredients and provide truthful, accurate and complete information about the quantity of ingredients in the product, including the levels of any hemp-derived ingredients, whether a full spectrum hemp extract, broad spectrum hemp extract or cannabidiol (“CBD”) isolate;

• will not include any allergen, or be processed in a facility that uses an allergen in production processes unless it has been disclosed on the label in accordance with any applicable law, regulation or rule;

1. will not be prepared, packed or held under insanitary conditions;
2. will comply with all applicable laws, regulations and rules pertaining to cannabis and cannabis-derived products, including those applicable to where the product is manufactured and where it is shipped; and
3. will be consistent with its original quality at all times during its designated shelf life (assuming proper storage and handling after delivery);.

• Seller additionally represents and warrants that:

1. Any product, whether a food, drug, dietary supplement, device, cosmetic, or other good, that contains any amount of CBD or other cannabinoids will be sourced, manufactured, and produced in compliance with all applicable federal, state and local laws, rules, and regulations in the state where the product was sourced, manufactured and/or produced;
2. Any product, whether a food, drug, dietary supplement, device, cosmetic, or other good, containing hemp will have an accompanying certificate of analysis prepared by an independent testing laboratory certifying that the hemp extract is:
   1. the product of a batch tested by the independent testing laboratory;
   2. the batch contains a total THC concentration that does not exceed 0.3 percent on a dry-weight basis pursuant to the testing of a random sample of the batch;

• the batch does not contain contaminants unsafe for human consumption;

• Notwithstanding the foregoing provisions of the Policy or this Exhibit A, the Parties hereby acknowledge and agree that the products contemplated hereby contain, or are derived from, hemp in accordance with the parties’ understanding of Section 7606 of the Agricultural Act of 2014 (Pub. L. 113-79) and applicable provisions of the Agriculture Act of 2018 (collectively, the “Farm Bill”). Regardless of any other federal, state or local law conflicting with, or being superseded by, the Farm Bill, the Parties hereby acknowledge and agree that such products are otherwise properly excluded from the Controlled Substances Act, 21 C.F.R. § 1308.35, Drug Enforcement Agency Drug Code 7350 or 7360, as well as the controlled substance laws in states in which such products are to be sold, and that otherwise do not violate the federal Food, Drug and Cosmetic Act (“FDCA”) or any rule or regulation of the FDA. Each Party further acknowledges and agrees that such currently existing uncertainties under federal, state and local laws, including the FDCA, concerning hemp are subject to change at any time in the sole discretion of the applicable authority, and each party hereby:
  1. Agrees that the representations, warranties, guaranties and covenants contained in the Policy and this Exhibit A shall not be deemed to be breached by virtue of the products containing hemp derived in accordance with the Farm Bill; and
  2. Waives any defenses to the enforcement of the Policy and this Exhibit A based on an "illegality of purpose" theory or related defenses.
     1. For the avoidance of doubt, hemp or hemp-derived products sold on Chow do not violate any applicable laws, rules or regulations (as referenced in Section 5(a) and Section 11(a) of the Policy or of this Exhibit A) by virtue of containing hemp and/or CBD, nor do such products represent the kind of illegal or prohibited products, services or activities that would subject Seller to any fines, penalties, liquidated damages, assessments or additional fees of any kind under the Policy or this Exhibit A.