Terms and Conditions of Membership
By joining GROW Nebraska you agree to:
- The business appoints GROW Nebraska for the purpose of selling of the GROW Nebraska member's product at GROW Nebraska marketing venues.
- During the term of this Agreement, the member will consign to GROW Nebraska and GROW Nebraska will represent the member with respect to the product presented for sale. Please note all products should be listed on a packing slip/invoice with a description and retail price.
- The business shall be responsible for delivery of the product to GROW Nebraska at the location instructed by an authorized GROW Nebraska member. No deliveries will accepted without prior approval. Businesses will be instructed on quantities and number of items to bring to locations. GROW Nebraska will not be responsible for any items delivered directly to any location unless permission has been granted.
;Businesses will be instructed on quantities and number of items to bring to locations. GROW Nebraska will not be responsible for any items delivered directly to any location unless permission has been granted.
- GROW Nebraska shall make reasonable and good faith efforts to promote the business and to sell the product.
- GROW Nebraska shall sell the product at the retail price mutually agreed upon by both parties and specified in writing in the list of product sheet. The retail price shall be exclusive of any sales taxes required to be collected by GROW Nebraska.
- The following sales commission will be assessed: 60% (member) / 40% (GROW Nebraska) split between GROW Nebraska and the collaborating partner on all items. An administrative fee is accessed on many of the GROW Nebraska marketing opportunities. The business will be responsible for paying the fee to participate before any product can be delivered.Please note that rather than raising membership prices there is also a 5% surcharge on all products sold in stores and online.
- Payment: GROW Nebraska will pay to the member within 60 days or sooner of receiving payment. Please allow 60-75 days for first payment. Checks are sent out monthly on all GROW Nebraska marketing services.
- Loss or damage: All reasonable efforts shall be made to display, handle, and protect merchandise in the safest way possible. GROW Nebraska shall not be held responsible for any theft or damage incurred while at said sites. On occasion GROW may transport some inventory to special events. Again, GROW Nebraska shall not be held responsible for any loss or damage incurred (unless damage is incurred due to GROW's packing & transport to and from a said special event).
- Statements of account.
- GROW Nebraska shall give the member a Statement of Account monthly if product is sold. The business may at anytime inquire about their inventory. The statement will include:
- the date, price, and terms of sale;
- The amount due to the member;
The member, or GROW Nebraska (or their authorized representatives) shall have the mutual right to inspect the financial records of the other party pertaining to any transaction involving the member's work. GROW Nebraska reserves the right to reject any product due to inventory replication, display issues, appropriateness of product to the selling location, or quality.
- Duration of Agreement: Agreement shall commence upon the date of signing and shall continue in effect until either party decides to terminate the Agreement by giving 30 days prior written notice.
- Termination of the Agreement: GROW Nebraska shall be responsible for the return of all product not sold upon termination of the agreement. All costs of return (including transportation and insurance) shall be paid 100% by the business.
- Cost to participate in GROW Nebraska Marketing Services: Due to administrative issues of tracking sales, building displays monthly, cost of special bar codes needed, and monthly sales reports, a fee per year is accessed to all businesses participating in certain services. GROW Nebraska will invoice the business for the fees to participate, which the business will be required to pay in a timely manner.
- Size of Display: Displays in stores must not exceed 3' wide by 6' tall.
- Size of Siganage: All signage must be able to fit on your personal display. Banners or other items that are larger cannot be place in the GROW Nebraska retail locations.
- Governing law: This agreement shall be governed by the laws of the State Of Nebraska.
Additional Items for Candle Companies:
Insurance: Your business must have Public Liability Insurance of 100,000 or more in the event of a malfunction and damages occurring.
Additional Items for Bath & Body Companies:
Please verify that your product meets the below requirements.
- The bases are made by manufacturers that use meets FDA standards.
- Colorants and fragrances are formulated to be safe for use on skin.
- Any toys in children’s toy soaps are specifically chosen to not a be a choking hazard.
- All utensils used in the manufacturing of products are cleaned separately, and are used fresh from the dishwasher.
- Soaps are immediately wrapped to avoid any contamination.
- All surface area to be used during the soap making process is cleaned, disinfected prior to process.
- All handmade soap and body products are professionally made and must go through a product evaluation process to become part of the GROW Nebraska Program. Every ingredient must be listed on the package so the customer can avoid using any soap or lotion if they are allergic to an ingredient listed. On all product labels it must state, 'Discontinue Use If Irritation Occurs'.
Additional Items for Food Companies:
The sale of food is regulated by the federal government and most state governments. Sellers who list food and food-related products should familiarize themselves with these laws before joining GROW Nebraska. Prior to becoming a food member of GROW Nebraska and you have any question if your products qualifies, please contact GROW Nebraska's Food/Beverage Mentor, Cheryl Hughes of HR Poppin Snacks at email@example.com.
Violations of this policy may result in a range of actions, including:
- Membership cancellation
- Limits on membership privileges
- Forfeit of GROW Nebraska fees on cancelled marketing opportunities
Prohibited Food Items:For the safety of GROW Nebraska members, sellers may not list the following food and food-related items on the GROW Nebraska web site or any printed/marketing opportunities:
- Listings containing drug claims-that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements).
- Non-pasteurized dairy products.
- Fruit and vegetable juice products that have not been heat pasteurized.
- Wild mushrooms.
- Expired military MREs (meals ready-to-eat), unless the MRE is considered a collectible item and is not intended for consumption (and the listing states the MRE is not intended for consumption).
- Perishable items: Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are delivered to the buyer safely. For example, sellers of perishable goods should offer overnight delivery and ensure that the goods are properly packaged.
- Sealed Containers: All food and related products sold by GROW Nebraska should be packaged or sealed to ensure that the buyer can identify evidence of possible tampering.
- Expiration dates: All items must be clearly marked expiration, "use by" date or born-on date.
There are many federal and state laws that sellers must comply with when selling food through GROW Nebraska. Some examples are:
- Ingredients: There are federal and state laws that require labels to state, among other things, the food's ingredients, nutrition information, and place of manufacture.
- Food Licenses: Nebraska Food Processing Permit from the State Department of Ag, Bureau of Dairies and Foods and Nebraska State Sales Tax Permit.
- Insurance: At least $1,000,000 (one Million) of liability insurance.
- Import/Export: There are restrictions on the import and export of many food products.
- FDA Bioterrorism Registraton: If you are producing your food yourself, you must be registered with the FDA in regards to bioterrorism. To submit the forms needed please visit www.access.fda.gov. If you have issues you can call 800-216-7331 from 7:30am to 11pm Mon. thru Friday and they will walk you through the whole process. You will be able to print out your registration right away. If you are utilizing a co-packer you will need to have you co-packer's registration on file. Please contact your co-packer for more information.