Wholesale Reseller Policy

Health Genesis Corporation (“Health Genesis” and ”HGC”) acknowledges it is the sole manufacturer and distributor of the following brands: Athlet, Biogenuine, Biophix, Femalean, Health Genesis, Sowers Organics, US Metabolics, and Vitabolics.

HGC upholds this Wholesale Resale Policy for the above brands. We require that each person, firm, or entity (“reseller”) who obtains products from the above-mentioned brands to comply with this policy. Effective immediately, the policy is incorporated into any and all terms and conditions between HGC and any reseller regarding the reseller’s purchase or sale of HGC products.

Sales Exclusively to End Users: Unless otherwise authorized by HGC in writing, the reseller may only purchase products for resale to consumers. The reseller may not resell products to distributors, wholesalers, dealers, middlemen, or traders in the United States or abroad. Resellers authorized by HGC in writing to sell to additional resellers or distributors must ensure all parties have completed this form.

No Sales to Third-Party Marketplaces: Unless otherwise authorized by HGC in writing, the reseller may not sell HGC products to third-party marketplaces (e.g., Amazon, eBay, etc.), dropship accounts (e.g., Wish.com, Aliexpress.com, etc.), or classified sites (e.g., Craigslist, Facebook Marketplace, etc.). Those authorized in writing to sell to other resellers or distributors must ensure these entities adhere to the terms herein.

Initial Minimum Order Amount: $200 for the first order (prepaid by credit card). Orders mailed to a single location that are over $350 include free domestic shipping.

Payment Information: Payment terms are subject to HGC's credit application. Resellers not approved for credit terms must pay for orders in full before they are fulfilled and are required to complete a credit card authorization form, with a 3.5% processing fee for credit card transactions. 

For Net term-approved accounts, payments will be charged using the on-file credit card authorization after 30 days, or alternative arrangements may be made if approved by HGC management. Reorders will remain on hold until the account is paid in full.

HGC accepts Visa, Mastercard, American Express, Discover, and Wire Transfer. Wholesale orders require prepayment before shipment or approval for Net 30 invoicing.

Orders can be placed by phone, fax, or email through the reseller's designated account manager.

Sales Tax Information: U.S. states are subject to varying tax requirements. HGC’s Uniform Tax Certificate must be completed and signed by all relevant parties, regardless of the state.

Overdue Accounts: Late fees for overdue payments will be assessed at our sole discretion, considering factors such as the reason for the delay, payment history, and outstanding balance. Typically ranging from a fixed fee of $50 per week to a percentage-based fee of 1.5% per month. Health Genesis Corporation reserves the right to determine the appropriate fee based on individual circumstances.

Shipping and Handling: For stock items, order preparation processing is 1-2 business days, with the exception of federal holidays. Expedited service is available on request (additional charges apply) and can be arranged through the reseller’s account manager. For wholesale orders, UPS ground shipping is HGC’s standard contracted shipping method. Carriers such as FedEx, DHL, and USPS can be used for expedited service with signature required upon delivery. If damage is sustained during shipment, the reseller must keep all shipping materials and report the damage to their delivery person immediately. Before calling HGC to report the damage, the reseller must have their tracking number, photos of the damage, and contact information available. A shipping rep or account manager will assist you with your damage claim. UPS insurance can generally replace the shipment value.

If the shipment is irreparably damaged, HGC will strive to replace the order as soon as possible (subject to product availability). The reseller must contact us immediately to file a claim.

Returns and Shipping Issues: Resellers should have their order number available when calling HGC’s customer service line or when contacting their account manager. Unless the products are defective, returned goods must be unopened, with all security seals intact, and shipped within 30 days. Orders returned after this timeframe will only be honored under special circumstances. Orders placed incorrectly or erroneously will be refunded for the full purchase amount minus any shipping charges incurred by HGC. Health Genesis recommends using UPS, FedEx, or DHL-or an alternative insured shipping carrier to ensure coverage for any lost items. Under special circumstances, HGC will accept products for credit after 30 days if the product is more than 12 months from expiry.

Warranty: HGC warrants good and clear title to all its products. HGC warrants that all its products are safe, new, fit for intended use, and free from defects. Products deemed defective shall be promptly corrected, replaced, or returned at the expense of Health Genesis Corporation for repair, replacement, or refund. HGC will make a conscious effort to minimize the impact on the reseller’s operations. These obligations will remain applicable after the reseller’s account is terminated. The reseller agrees to defend HGC and its employees; the reseller assigns for all claims, liabilities, or costs, including attorneys’ fees, resulting from any breach of this warranty.

Maintain Accurate Information: The reseller agrees to ensure proper use of all Health Genesis Corporation registered trademarks, to sell products in their original packaging, and to refrain from duplicating Universal Product Codes for HGC products. The reseller may not package or bundle any HGC product with any other product without prior written approval from Health Genesis.

Product Labeling: The reseller agrees to preserve all labels, tags, serial such as SKU, UPC or lot numbers, and other information affixed by Health Genesis Corporation and its brands (Athlet, Biogenuine, Biophix, Femalean, Health Genesis, Sowers Organics, US Metabolics, and Vitabolics) to the product (or on the product packaging) in the relevant form. Such labels shall not be removed, modified, or obscured.

Policy Enforcement: Failure to comply with the policy terms herein will result in enforcement actions at HGC’s discretion.

These include but are not limited to:

A) Loss of authorization to sell HGC products.
B) Loss, termination, or nonrenewal of HGC promotions or incentives.
C) Suspension of HGC product shipments.
D) Permanent HGC account termination.
E) Collection of damages to HGC or any authorized Health Genesis customer.
F) Additional actions as permitted by law.

Resellers who purchase Health Genesis products agree to adhere to FDA policies. The reseller will not imply or allege that they manufacture HGC products. The reseller agrees to refrain from attempting to register HGC intellectual property anywhere in the world.

HGC will interpret policy violations in its sole discretion. No policy enforcement delays shall be considered a waiver of HGC rights. Health Genesis reserves the right to amend this policy at any time; modifications are effective immediately upon receipt of any written notification.

If the reseller is located outside the United States, they agree to comply with United States law and all equivalent laws of their own country. The reseller warrants that all HGC products shall be contained, packaged, labeled, and registered in compliance with all federal, state, and local laws and regulations.

Advertising: The reseller’s advertising materials will remain truthful, accurate, and complete. Advertising and sales materials must be in full compliance with all federal, state, and local laws, including the (FDA) Food and Drug Administration, Federal Trade Commission (FTC) Act and the Federal Food, Drug, and Cosmetic (FD&C) Act (as amended). No drug or disease claims shall be made for dietary supplement products; the reseller will limit their marketing to claims of structure or function, and any such claims must be supported by sufficient clinical evidence. For cosmetic products, resellers must limit their marketing to evidence-based appearance claims; all structure or function claims, in such cases, will be asterisked (*) and include the relevant FDA disclaimer box per the current FDA Dietary Supplement webpage.

Limitation of Liability and Indemnification

Limitation of Liability: To the fullest extent permitted by applicable law, Reseller agrees that HGC and its owners, officers, directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with this Agreement or the resale of Health Genesis Corporation products.

Indemnification: Reseller shall indemnify, defend, and hold HGC, its owners, officers, directors, employees, and affiliates harmless from and against any and all claims, demands, liabilities, expenses, damages, losses, costs, and attorney's fees, including those arising from any third-party claims, lawsuits, or disputes related to Reseller's actions, breach of this Agreement, negligence, or willful misconduct.

Release of Claims: To the extent permitted by applicable law, Reseller hereby releases and discharges HGC, its owners, officers, directors, employees, and affiliates from any and all claims, demands, and causes of action, whether at law or in equity, known or unknown, arising out of or in connection with the resale of HGC products or this Agreement.

Maximum Liability: In no event shall HGC's total liability to Reseller, whether in contract, tort (including negligence), or otherwise, exceed the total amount paid by Reseller to HGC under this Agreement during the twelve (12) months preceding the event giving rise to the claim. 

Florida Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located within the State of Florida, and the parties consent to the personal jurisdiction of these courts. 

By selling Health Genesis Corporation brands and products you agree to this wholesale policy in full to the terms in their entirety.