# Exciting New Wholesale Changes

We have several updates to our wholesale program that affect every account. Thank you for making Earthley part of your business. We appreciate your partnership and want to give you clear information to help you plan your orders and serve your customers.

**We are introducing a new wholesale program structure and contract, including updated discount tiers based on your cart total and new marketing requirements. **Every wholesaler will need to review and sign the updated contract before placing an order on or after October 12, 2026. There is no separate renewal deadline; you can renew when you are ready, but you will need to complete that step before ordering from that date forward.

You can renew your contract on October 12, 2026. You may continue to order through your old contract through October 11, 2026.

## Here is what is changing:

**1. More flexibility with two discount tiers **

The previous single tier of 40% off with a $425 minimum will be replaced by two options:

- 30% off orders starting at $357 in retail value, bringing your wholesale cost to approximately $250.
- 40% off orders reaching $833 in retail value, bringing your wholesale cost to approximately $500.

The smaller starting order option gives you more flexibility when stocking your shelves.

**2. Clearly identifying excluded products.**

We are also excluding certain products from wholesale purchasing because we cannot sustainably offer them at wholesale pricing. Please review the [Product Exclusion List](https://www.earthley.com/wholesale-product-exclusion-list) before ordering. Wholesale discounts cannot be applied to already-discounted, sale, or clearance items.

Shipping and applicable sales tax are additional. Wholesale orders do not qualify for free shipping.

**3. Credit card and ACH payment options **

Beginning October 12, 2026, you can pay by ACH bank transfer without a processing fee. We will continue to accept credit cards at this time.

We encourage you to try ACH ahead of January 1, 2027 though, when we plan to introduce a 2% processing fee on wholesale orders paid by credit card. **ACH payments will not have this additional fee. **

ACH payments can take a few business days to clear, and orders will not be released for shipment until payment has cleared. Please allow for that additional time when planning your restocks.

**4. Updated marketing requirements **

The new** **[**contract** ](https://www.earthley.com/wholesale-retailer-agreement)includes changes to marketing language and sales restrictions. Please review the full requirements in the** **[**branding guide**](https://www.earthley.com/wholesale-branding-guide).

These requirements include using compliant marketing language, meeting applicable California Proposition 65 requirements, and refraining from bidding on Earthley brand or product names in Google Ads auctions.

Please review these requirements carefully so you understand how they apply to your business before signing the updated contract on or after October 12, 2026.

**5. A reminder about sales/use tax-exempt status **

If you are requesting sales/use tax-exempt status, you must submit a valid Sales Tax Exemption Certificate during application process.

A Vendor’s License does not qualify as a tax exemption document. Without the required certificate, applicable sales tax will be charged.

### We are here to help

We know this is a lot to review.

Our Wholesale FAQ below cover these updates along with resale requirements, shipping, customer refunds, and other wholesale policies. As a reminder, please report any damage, quality concerns, or incorrect quantities within five days of delivery.

If you still have questions, please reach out to [**wholesalers@earthley.com**](mailto:wholesalers@earthley.com). Our team is happy to help you work through the changes.

Thank you for your continued partnership and for helping more families discover Earthley.

The Earthley Team

## Frequently Asked Questions

### How do I become an authorized Earthley Wellness wholesale retailer?

To become an authorized retailer, you must sign the Wholesale Retailer Agreement and register as a Wholesaler at [https://www.earthley.com/my-account/applications.](https://www.earthley.com/my-account/applications)

### Can I purchase wholesale products for personal use?

No. Wholesale accounts are intended for bona fide retailers purchasing Earthley products for resale, not personal use.

### Is my wholesale territory exclusive?

No. Earthley’s wholesale retailer appointments are non-exclusive. Other retailers may sell Earthley products in the same area, and Earthley may also sell directly to customers.

### How do I place a wholesale order?

Wholesale orders must be placed through your wholesale account, located at the bottom of your My Account Dashboard at [https://www.earthley.com/my-account](https://www.earthley.com/my-account)

### What are Earthley’s wholesale discounts?

- Orders from **$357 – $832.99** (before discounts) receive **30% off** eligible products.
- Orders of **$833** or more (before discounts) receive **40% off **eligible products.

### Are all Earthley products eligible for wholesale discounts?

No. Certain products may be excluded from wholesale discounts. Already-discounted, sale, and clearance products are also excluded.  You can view the list at [Wholesale Product Exclusion List](/wholesale-product-exclusion-list)

### Can Earthley change wholesale pricing or discounts?

Yes. Earthley may change product pricing and wholesale discounts for future orders.

### When is payment due for wholesale orders?

Payment is due when your order is placed.

### Do I need to provide a sales tax exemption certificate?

Yes. A valid sales tax exemption certificate must be provided to Earthley. Otherwise, applicable sales tax will be collected.

## Frequently Asked Questions

### Do wholesale orders qualify for free shipping?

No. Retailers are responsible for all shipping charges on wholesale orders.

### How long do I have to report damaged, missing, or incorrect products?

You have 5 days from the date your shipment arrives to inspect your order and report discrepancies in quantity, quality, damage, or other issues.

### What happens if I don't report an order issue within 5 days?

The shipment will be considered accepted, and Earthley will not owe a refund for damaged or non-conforming products under the [Wholesale Retailer Agreement](/wholesale-retailer-agreement).

### Can I use Earthley’s logo and branding to market the products I sell?

Yes. Authorized retailers receive a limited license to use approved Earthley logos, trademarks, and trade names when marketing and selling Earthley products. Retailers must follow Earthley’s branding requirements.

### Can I create my own marketing materials for Earthley products?

Marketing materials that use Earthley products or branding must either use language pre-authorized in the Earthley Branding Guide or be submitted to Earthley for approval before use.

### Do my advertisements need to follow FDA and FTC requirements?

Yes. Retailers are responsible for following applicable advertising and marketing laws, including FDA and FTC requirements.

### Can I make my own health claims about Earthley products?

Retailers should only use claims and language that Earthley has pre-authorized or submit their materials to Earthley for approval before using them.

### Can I sell Earthley products on Amazon?

No. Authorized retailers may not advertise, offer, or sell Earthley products on Amazon.com.

### Can I sell Earthley products on TikTok?

No. Authorized retailers may not advertise, offer, or sell Earthley products on TikTok.

## Frequently Asked Questions

### Can I run Google or Bing ads for Earthley products?

No. Retailers may not run paid advertising for Earthley products on pay-per-click search platforms such as Google or Bing.

### Can I use Google Shopping to promote Earthley products?

No. Retailers may not pay Google Shopping to rank Earthley products or product names.

### Can I advertise that I have the lowest price on an Earthley product?

No. Retailers may not advertise an Earthley product as being offered at the “lowest available price” or use similar language.

### Can I hold a liquidation sale for my Earthley inventory?

No. Retailers may not conduct or advertise a liquidation of Earthley product inventory.

### Can I sell expired Earthley products?

No. Expired Earthley products may not be sold.

### Can I resell Earthley products to another Earthley retailer?

No. Retailers may not sell Earthley products to other Earthley retailers for commercial use.

### Does Earthley’s 30-day Guarantee apply to products purchased from a wholesale retailer?

No. Customers who purchase Earthley products directly from a retailer are not eligible for Earthley’s 30-day Guarantee refund policy.

### Can I send my customers to Earthley for a refund?

No. Retailers may not direct their customers to Earthley for refunds or advertise that purchases made through their store qualify for refunds from Earthley.

### What do I need to know if I sell Earthley products to customers in California?

Some Earthley products may require California Prop 65 warnings. Retailers selling those products to California consumers must notify Earthley and display the warnings supplied or specified by Earthley as instructed.

### Can I change or remove a Prop 65 warning supplied by Earthley?

No. Required warnings may not be removed, hidden, altered, modified, or omitted. Alternative warning language or methods require Earthley’s prior written approval.

## Frequently Asked Questions

### Do Prop 65 requirements also apply to online sales?

Yes. Required warnings must be provided for applicable online, in-store, and other sales to California consumers, including warnings legally required before the customer completes their purchase.

### What should I do if I discover a possible safety, quality, or product defect issue?

Notify Earthley in writing within **48 hours **of becoming aware of an issue that could potentially require a recall, market withdrawal, or other product correction.

### What happens if an Earthley product is recalled?

Earthley will determine whether a voluntary recall is necessary or communicate any mandatory recall. Retailers must follow Earthley’s instructions, including removing affected products from sale and following applicable customer communication instructions.

### Who pays the costs of a product recall?

Responsibility depends on the cause. Earthley bears costs when the recall results from Earthley’s negligence or noncompliance; the retailer bears costs when it results from the retailer’s negligence or noncompliance. If neither party is at fault or the recall results from later regulatory changes, costs are shared equally.

### How long does the Wholesale Retailer Agreement last?

The initial term is **2 years**. It automatically renews for additional** 1-year** terms unless either party provides written notice at least 30 days before the current term expires.

### Can Earthley terminate my wholesale retailer agreement?

Yes. Earthley may terminate the agreement with or without cause by providing 30 days’ written notice. Either party may also terminate for a material breach that remains unresolved for 15 days after written notice.

### What happens to my Earthley inventory if my retailer agreement ends?

Depending on the reason for termination, you may generally sell your remaining inventory and use necessary in-store Earthley materials for up to 90 days or until the remaining products are sold, whichever comes first. Earthley may require sales to stop immediately in cases involving a retailer’s breach of the agreement.

### Can I transfer my Earthley wholesale account or agreement to someone else?

Not without Earthley’s prior written consent.

### Are Earthley’s wholesale pricing and agreement terms confidential?

Yes. Retailers must keep the terms of the agreement, including Earthley’s wholesale pricing structure, confidential during the agreement and for **3 years after it ends.**

### How are disputes under the Wholesale Retailer Agreement handled?

Disputes arising from the agreement or the parties’ dealings are generally handled through arbitration in Franklin County, Ohio, under the applicable American Arbitration Association rules. The agreement is governed by Ohio law.