These Terms of Service govern your use of hbabrands.com, your communications with Honey Bee Brands LLC and electronic payments made to Honey Bee Brands LLC.
Honey Bee Brands LLC may also conduct business as Honey Bee Brands. References to Honey Bee Brands, we, us or our in these Terms refer to Honey Bee Brands LLC.
These Terms do not replace a signed Services Agreement or another written agreement between Honey Bee Brands and a client. If these Terms conflict with a signed agreement, the signed agreement will control.
1. Acceptance of These Terms
By accessing or using this website, submitting a business inquiry, scheduling a consultation or completing a payment after being presented with these Terms, you agree to these Terms and our Privacy Policy.
If you are acting for a company or another legal entity, you confirm that you have authority to accept these Terms on behalf of that entity.
If you do not agree to these Terms, do not use the website or submit a payment through a Honey Bee Brands payment page.
2. Business Services
Honey Bee Brands provides retail brokerage, retail account management, distributor management, pricing support, promotion planning, reporting, retail growth strategy and related professional services for consumer product companies.
Information on this website describes our services generally. It does not create an engagement, guarantee availability or promise that any particular service will be provided.
A client relationship begins only when Honey Bee Brands and the client enter into a written Services Agreement or another written engagement approved by Honey Bee Brands.
The services, responsibilities, fees, communication schedule, deliverables and duration of each engagement are determined by the applicable signed agreement.
3. No Guarantee of Retail Results
Honey Bee Brands provides professional services, strategy, account management and retail support. We do not guarantee:
- Acceptance by a retailer or distributor
- A specific number of retail locations
- A retailer meeting, presentation or product review
- A particular sales volume, velocity or revenue amount
- Profitability, margins or return on investment
- Continued authorization by a retailer or distributor
- Distributor inventory availability or fulfillment
- The timing of retailer, distributor or third party decisions
Retailers, distributors and other third parties make their own independent decisions. Those decisions may be affected by pricing, product performance, inventory, consumer demand, retailer strategy, distributor requirements, market conditions and factors outside the control of Honey Bee Brands.
4. Client Responsibilities
Clients are responsible for providing complete, accurate and timely information needed for Honey Bee Brands to perform the agreed services.
Client responsibilities may include:
- Providing current product information, pricing, costs and margins
- Maintaining sufficient inventory and production capacity
- Providing samples, product images and sales materials
- Reviewing and approving submissions, pricing and promotional plans
- Completing manufacturer portions of retailer and distributor paperwork
- Maintaining required insurance, licenses and certifications
- Ensuring product labels, ingredients, claims and marketing materials comply with applicable laws
- Responding to requests and approvals within a reasonable time
- Paying retailer, distributor, promotional, slotting, travel and other approved expenses
- Informing Honey Bee Brands promptly of recalls, product issues, supply disruptions, pricing changes or legal claims
Honey Bee Brands is not responsible for delays or missed opportunities caused by incomplete information, delayed approvals, insufficient inventory or another failure by the client to fulfill its responsibilities.
5. Fees and Payments
Fees, commissions, retainers, reimbursable expenses and payment due dates are established in the applicable signed agreement or invoice.
By submitting a payment, you authorize Honey Bee Brands and its payment processor to charge the payment method for the amount displayed or stated on the invoice.
If a recurring payment or saved payment method is authorized, it will be used only as described in the signed agreement, invoice, payment authorization or Stripe checkout page presented to the client.
Clients are responsible for ensuring that billing and payment information remains accurate and current.
Processing fees, taxes, reimbursable expenses and other charges may apply when stated in the signed agreement or invoice.
6. Stripe Payment Processing
Honey Bee Brands uses Stripe to process credit card, debit card and certain other electronic payments.
Stripe may collect and process payment information, billing information, device information and information used to detect fraud. Honey Bee Brands does not directly receive or store complete payment card numbers or card security codes.
Use of Stripe payment services may also be governed by Stripe policies and terms. Information about Stripe privacy practices is available through the Stripe Privacy Center.
7. Late Payments and Service Suspension
Payments must be made by the due date shown in the applicable agreement or invoice.
Late fees may apply when stated in a signed agreement. If an account becomes past due, Honey Bee Brands may suspend services, pause submissions, withhold access to proprietary work materials and begin collection activity as permitted by the applicable agreement and law.
Suspension of services because of nonpayment does not cancel amounts already owed.
The client is responsible for reasonable collection costs when provided by the applicable agreement or permitted by law.
8. Refunds and Payment Disputes
Honey Bee Brands provides professional business services rather than physical consumer goods.
Refunds, credits, cancellation charges and final payment obligations are governed by the applicable signed agreement. Unless required by a signed agreement or approved by Honey Bee Brands in writing, fees paid for services already performed or availability already reserved are not refundable.
Questions about a payment should be sent promptly to info@hbabrands.com before initiating a payment dispute with a bank or payment provider.
Canceling a payment method or disputing a charge does not terminate a client engagement. Termination must be completed according to the applicable signed agreement.
9. Term and Cancellation
The duration and cancellation requirements for a client engagement are established in the applicable signed agreement.
Unless a signed agreement provides a different requirement, either party may terminate an engagement by providing 30 days written notice.
The client remains responsible for fees, approved expenses, commissions and other amounts earned or due through the effective termination date. Any trailing commission applies only when it is specifically included in the signed agreement.
Honey Bee Brands may suspend or terminate services immediately for material breach, nonpayment, unlawful activity, threats, abusive conduct or conduct that could harm Honey Bee Brands, its team or its professional relationships.
10. Confidentiality
Honey Bee Brands will use reasonable care to protect confidential client information received while providing services.
Clients must also protect confidential and proprietary information belonging to Honey Bee Brands. This includes internal processes, pricing methods, brand planners, templates, presentations, sales materials, retailer strategies, email communications, Google Drive structures and other nonpublic business information.
Confidentiality obligations continue after the engagement ends, subject to the terms of the applicable signed agreement.
Confidentiality obligations do not apply to information that is publicly available through no wrongful act, independently developed without confidential information or required to be disclosed by law.
11. Ownership and Intellectual Property
Honey Bee Brands owns the website, website content, branding, service descriptions, graphics, processes, templates and other materials created for the operation of its business.
Clients retain ownership of their trademarks, product information, packaging, photographs and other materials supplied to Honey Bee Brands.
Ownership of client deliverables is determined by the applicable signed agreement.
Unless a signed agreement clearly states otherwise, Honey Bee Brands retains ownership of its internal methods, forms, processes, templates, brand planners, sales materials, presentations, email communications, Google Drive organization and general business knowledge.
Clients may not copy, distribute, publish, sell, license or provide Honey Bee Brands proprietary materials to another broker or service provider without written permission.
12. Product Responsibility and Indemnification
The client remains solely responsible for its products, manufacturing, ingredients, labeling, packaging, product claims, regulatory compliance, quality control, safety, insurance, inventory, fulfillment and recall obligations.
To the extent provided in the applicable signed agreement and permitted by law, the client agrees to defend, indemnify and hold harmless Honey Bee Brands and its employees, contractors and representatives from claims, losses, damages, expenses and reasonable legal fees arising from:
- A defect or alleged defect in the client’s product
- The manufacture, distribution, sale or use of the client’s product
- False, misleading or unsupported product claims supplied by the client
- A product recall, safety issue or regulatory violation
- Infringement involving materials provided by the client
- Actions or omissions of the client, its employees or its contractors
13. Third Party Services
Honey Bee Brands may work with retailers, distributors, technology platforms, scheduling services, accounting systems, customer relationship management systems and payment processors.
Honey Bee Brands does not control these third parties and is not responsible for their decisions, interruptions, security practices, policies, fees, system changes or performance.
Links to third party websites are provided for convenience and do not represent an endorsement or guarantee.
14. Website Use
You may use this website only for lawful business purposes.
You may not:
- Attempt to gain unauthorized access to the website or its systems
- Interfere with website security or operation
- Submit false, misleading or fraudulent information
- Copy or republish website content without permission
- Use automated systems to scrape or extract website content
- Upload malicious code or harmful material
- Use the website in a way that violates applicable law
Honey Bee Brands may restrict access to the website when necessary to protect its systems, content or users.
15. Disclaimer of Warranties
The website and its content are provided for general business information.
To the fullest extent permitted by law, the website is provided without warranties of any kind, whether express or implied.
Honey Bee Brands does not warrant that the website will always be available, uninterrupted, accurate, secure or free from errors.
Website content is not legal, accounting, tax or regulatory advice. Clients should consult qualified professionals regarding those matters.
16. Limitation of Liability
To the fullest extent permitted by law, Honey Bee Brands will not be liable for indirect, incidental, special, punitive or consequential damages arising from use of the website or professional services.
This includes lost profits, lost sales, lost opportunities, loss of data, retailer decisions, distributor decisions, product discontinuation or business interruption.
Any limitation of liability contained in a signed agreement will control the client relationship.
Nothing in these Terms limits liability that cannot legally be limited.
17. Mediation and Arbitration
If a dispute arises from these Terms, a payment or a client engagement, the parties will first attempt to resolve it through direct good faith discussions.
If the dispute is not resolved, the parties agree to attempt mediation with a mutually agreed mediator in Orange County, California. Mediation costs and fees, other than each party’s attorney fees, will be shared equally unless the parties agree otherwise.
If mediation does not resolve the dispute, the dispute will be submitted to binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association in California.
Judgment on the arbitration award may be entered in any court with jurisdiction.
By accepting these Terms, each party understands that binding arbitration replaces the right to have the dispute decided by a judge or jury in court, except where applicable law provides otherwise.
If a signed agreement contains a different dispute resolution procedure, the signed agreement will control.
18. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
19. Privacy
Use of personal information is governed by the Honey Bee Brands Privacy Policy.
20. Changes to These Terms
Honey Bee Brands may update these Terms when its services, payment practices, website or legal obligations change.
The effective date at the top of this page will show when the Terms were most recently updated.
Changes will not replace or modify a signed client agreement unless both parties approve the change as required by that agreement.
21. Severability and Waiver
If any portion of these Terms is found unenforceable, the remaining portions will continue in effect.
A failure by Honey Bee Brands to enforce a provision does not waive the right to enforce that provision later.