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Brand Protection Policy


This DecoPac, Inc. Brand Protection Policy for the United States and Canada (“Policy”) is issued by DecoPac, Inc. (“DecoPac” or “we”) and applies to the sale of DecoPac, Inc. products (“Product(s)”) in the United States of America and Canada. By purchasing Products, you agree to adhere to the following terms.


  1. Online Sales.
    1. Products may not be sold on any third-party and/or online marketplaces, including, but not limited to, Amazon, eBay, and Walmart Marketplace.
    2. You may sell Products on your own proprietary website, which is a website owned and/or operated by you in your legal name or registered fictitious name/DBA/trade name, and which clearly and prominently displays such name, subject to the following additional terms:
      1. Anonymous sales are prohibited. In addition to clearly and prominently displaying your full legal name or registered fictitious name/DBA/trade name, your website must clearly display at least one of the following contact methods: mailing address, email address, telephone.
      2. Your website must not give the impression that it is owned, operated by, or affiliated with DecoPac or any party other than you.
      3. You may leverage third-party vendor (“last-mile”) delivery services such as Instacart, Shipt, and Uber Eats to fulfill orders for Products made through your website. Such delivery services must be limited to Product pick-up from you for prompt delivery directly to the end user purchaser (without any provision of warehousing or storage services) and in some cases, associated listing and/or payment collection services.
      4. You acknowledge that we may revoke your authorization to sell all or some Products through your proprietary website, and agree to comply with any such restrictions upon receiving notice from us.
    3. The terms of this Policy supersede any prior agreement or understanding regarding the sale of the Products on or through websites, mobile applications, online marketplaces, and other online forums.
  2. Territory. If your business is located in the United States, you may not sell, ship or transfer Products outside of the United States of America without our prior written consent. If your business is located in Canada, you may not sell, ship or transfer Products outside of Canada without our prior written consent.
  3. Brand Representation.
    1. You must conduct your business in a reasonable and ethical manner, and at all times represent the Products and DecoPac brands in a professional manner that reflects positively on the reputation of DecoPac and the Products. You must comply with all applicable laws, rules, regulations, and policies (i) applicable to your business and/or (ii) related to the marketing and sale of the Products.
    2. You acknowledge that DecoPac owns all proprietary rights in and to the DecoPac brands, names, logos, trademarks, service marks, trade dress, copyrights, and other DecoPac-owned intellectual property related to the Products (“DecoPac IP”). You are granted a limited, non-exclusive, non-transferable, revocable license to use the DecoPac IP solely for purposes of marketing and selling the Products in accordance with this Policy. This license will cease automatically upon termination of our business relationship or earlier with written notice from DecoPac. All goodwill arising from your use of the DecoPac IP shall inure solely to the benefit of DecoPac.
    3. Use of the DecoPac IP must comply with any guidelines that may be provided by DecoPac from time to time and must be commercially reasonable as to the size, placement, and other manners of use. We reserve the right to review and approve, in our sole discretion, your use or intended use of the DecoPac IP at any time, without limitation.
    4. You must follow the Advertising Guidelines available at https://www.decopac.com/advertising-guidelines. In marketing the Products, you may only use images of Products either supplied by or authorized by DecoPac and shall ensure that all Product images and descriptions are accurate and up to date. You may not engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the Products except as expressly authorized by DecoPac.
    5. You may not create, register, or use any domain name, social media screenname, or mobile application name that contains any Product name or any DecoPac trademark, nor a misspelling or confusingly similar variation of the same.
    6. You acknowledge that certain Products contain intellectual property that DecoPac licenses from third parties (“Licensed IP”), and that such licenses impose on DecoPac certain obligations related to the Licensed IP. You acknowledge that this Policy is in support of such obligations, and you agree to comply with all instructions from DecoPac related to your use and display of the Licensed IP and Products containing Licensed IP
  4. Product Care, Customer Service, and Other Quality Controls.
    1. You must comply with all instructions provided by DecoPac regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels. Products must be stored in a cool, dry, sanitary place, away from direct sunlight.
    2. Except for Products sold as part of a finished food product, Products must be sold in their original packaging, exactly as furnished by DecoPac. You may not relabel, alter, or repackage Products (including the separation of bundled Products or the bundling of Products).
    3. Do not create bundles, multipacks, or other configurations of Products for purposes of resale outside of a finished food product. For instance, you may not separate a Product sold by DecoPac as a 144-count into twelve 12-packs or six 24-packs for purposes of resale outside of a finished food product or combine two or more products into a bundle.
    4. Do not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Do not tamper with, deface, or otherwise alter any serial number, UPC code, batch or lot code, or other identifying information on Products or their packaging.
    5. Do not resell Products that have been returned.
    6. Promptly upon receipt of the Products, inspect the Products and their packaging for damage, defect, broken seals, evidence of tampering, or other nonconformance (a “Defect”). If any Defect is identified, do not offer the Product for sale and promptly report the Defect to DecoPac at brandprotection@decopac.com.
    7. Inventory of Products shall be managed on a “first-in, first-out” (FIFO) basis or “first-expired, first-out” (FEFO) or other similar method that causes either (a) older inventory to be sold before newer inventory of the same Product and/or (b) inventory that has a shorter remaining shelf life to be sold before inventory of the same Product with a longer remaining shelf life. Do not use or sell any Products that are beyond their intended shelf life. Destroy or dispose of such Products in accordance with any instructions provided by DecoPac and applicable law.
    8. You should be familiar with the special features of all Products marketed for sale and obtain sufficient Product knowledge to advise customers on the selection and proper use of the Products, as well as any applicable guarantee or return policy. Respond promptly and professionally to all customer inquiries and other communications.
    9. Ensure that any third-party logistics provider engaged to store inventory of or fulfill orders for the Products is aware of and complies with all Product quality controls and customer service standards described herein or otherwise conveyed by DecoPac. Ensure that any such third-party logistics provider stores all inventory of Products segregated by seller such that no Products provided to the third-party logistics provider are commingled with those owned by any third party. DecoPac reserves the right to request additional information regarding the use of third-party logistics providers and such information must be provided promptly to DecoPac. You agree to cooperate with DecoPac in investigating any concerns related to the Products that may relate to the use of a third-party logistics provider.
    10. You must cooperate with DecoPac with respect to any Product tracking systems that may be implemented from time to time. You must implement commercially reasonable loss prevention and anti-diversion measures, and must notify DecoPac promptly in the event of a theft or other loss of a material quantity of Products.
    11. To ensure the safety of the end users of our Products, you must cooperate with DecoPac with respect to any Product recall or other consumer safety information dissemination efforts. You must report to DecoPac (within the time period required by applicable law), any customer complaints or adverse claims regarding the Products and you agree to assist DecoPac in investigating any such complaints or adverse claims. You must cooperate with DecoPac in the investigation and resolution of any quality or customer service issues related to the sale of the Products, including disclosing information regarding Product sources, shipment, and handling.
  5. Policy Compliance. DecoPac may review your activities for compliance with this Policy, and you agree to cooperate with any such investigation. DecoPac may terminate its business relationship with you with written or electronic notice. Upon termination of our business relationship, unless otherwise agreed, you must immediately cease (i) selling the Products; and (ii) using all DecoPac IP.
  6. Modification. We may amend this Policy at any time. Unless otherwise provided, such amendments will take effect immediately, and your continued use, advertising, offering for sale, or sale of the Products, use of the DecoPac IP, or use of any other information or materials provided by DecoPac to you will be deemed your acceptance of the amendments.