WARNING: This product contains nicotine.
Nicotine is an addictive chemical.

Wholesaler & Direct Retailer Agreement

Our wholesalers and direct retailers are all required to uphold the same high integrity as Bidi Vapor by signing our Wholesaler & Direct Retailer Agreement. The terms in this agreement helps ensure all our stakeholders comply with all regulations and, furthermore, abide by our stringent age verification measures. If a wholesaler or direct retailer is found in breach of the terms in the agreement, Bidi Vapor will be obliged enforce penalties outlined in the Mystery Shopper Program and Employee Training Programs.

Bidi Vapor Wholesaler & Direct Retailer Agreement Terms

Below you can see the terms for our Wholesaler & Direct Retailer Agreement regarding purchasing and re-selling of the BIDI® Stick. If you have any questions, you may reach us directly at sales@bidivapor.com.

Eligibility and Inclusion

The terms of this agreement are open to acknowledged and authorized wholesalers (distributors) and direct retailers (both online and brick-and-mortar) of Bidi Vapor. All retail partners who enter into reselling and re-distributing Bidi Vapor’s BIDI® Stick are bound to the terms and conditions of this agreement, incumbent wholesaler, direct retailers, or any new partners.

Pledging in the Terms

Bidi Vapor commits to its responsible marketing with only adult smokers as our intended audience. All wholesalers and direct retailers working with Bidi Vapor must share the same responsibility in preventing youth access to this product. Bidi Vapor strictly steers away from underage access and use in support of the current laws on vaping. As of December 20, 2019, the legal age to purchase tobacco and nicotine is 21 years old. Selling any nicotine or tobacco product to anyone under the age of 21 is a violation of the Tobacco 21 Federal Law.

Comprehensive Age Verification Process

Bidi Vapor will not sell to any wholesalers or direct retailers who have a history of selling to minors, as indicated at the FDA’s retailer inspection database. The company ensures to conduct a comprehensive age verification process before any sale or transaction. We employ a state-of-the-art third-party company that verifies the age and identity of consumers across multiple databases to guarantee that no underage buyers get access to our products. Bidi Vapor wholesalers and direct retailers must share the same responsibility to uphold the company’s policy in preventing sales to minors. To adhere to the strict age verification process of Bidi Vapor, wholesalers and direct retailers must:

  • Require the consumers to present a government-issued identification card before allowing any transaction. If the third-party company fails to verify the consumer’s age and identity, the purchase will be put on hold until a customer service representative confirms the identification.
  • Secure online purchases with adequate age-verification online technology. Wholesalers and direct retailers must incorporate reputable age verification software to ensure that no minors can make purchases. Software or service must be pre-approved by Bidi Vapor before wholesalers, or direct retailers can begin to sell Bidi Vapor products.
  • All wholesale accounts and online pricing are password-protected or with a registration requirement.
  • Require a signature upon delivery to ensure that the product will not fall into the hands of a minor.
  • Limit the purchase quantities of flavored ENDS to 30 BIDI® Sticks per month and 4 BIDI® Sticks per day per person.
  • Only allow vending machine sales of BIDI® Sticks in an adult-only facility.

Mystery Shopper and Employee Training Programs

As part of our efforts to ensure our commitment to adhering to the regulations towards preventing underage selling of BIDI® Sticks, Bidi Vapor will send Mystery Shopper(s) to ensure that wholesalers and direct retailers are strictly complying with our stringent measures of Age Verification Process. Wholesalers and direct retailers should also:

  • Establish a hotline for reports on non-compliant sales or direct callers to Bidi Vapor’s hotline at 1-833-367-2434.
  • Consider establishing company policies that take employee performance on compliance checks and disciplinary sanctions for noncompliance with the illegal sale of tobacco products to persons under 21.
  • Implement disciplinary actions for employee noncompliance in the selling of BIDI® Stick to minors and practice the Comprehensive Age Verification Process.
The following will be imposed for any partnering stores that breach the Bidi Vapor’s Wholesaler and Direct Retailer Agreement:
  • First offense: We will issue a letter notifying the retail store of its first violation, retraining, re-educating the compliance check and penalty escalation structure, and re-certify the store. We will also send a second Mystery Shopper to check within sixty (60) days of the first violation
  • Second offense:

    A second violation notice will be issued. The retail store is deemed suspended from any sale activities for 30 days. We will then follow up with a third compliance check within sixty (60) days of the second violation.

    In addition, the retail store is deemed suspended from any promotional activities for a certain number of promotional cycles following the date of the second failure. We will follow up with a third compliance check within sixty (60) days of the second violation as with the first failure.

  • Third offense: After a third offense, another violation notice will be issued. The retail store is deemed suspended from any sale activities for 6 months. If this occurs within one year of the first and second violations, the business will be discontinued with the retail store for a set period.
  • Fourth offense:

    After a fourth offense, a final violation notice will be issued. If this occurs within one year of the first violation, we will discontinue doing business with the retail store for a set period. We will impose mandatory reporting or written notification of non-compliance to the U.S. Food and Drug Administration.

Product Selling to California Residents

All Bidi Vapor wholesalers and direct retailers shall agree to abide by all FDA and state law requirements with regards to advertising, marketing, and selling tobacco products:

  • Sales made to California residents should comply with the California State Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), including product packaging and website warning requirements.
  • Sales with California residents should include heightened online age verification processes as mandated by California’s Stop Tobacco Access for Kids Enforcement Act (STAKE Act).

Other Terms for Wholesalers and Direct Retailers

  • No giving out of free samples to customers.
  • Sale and promotion of the BIDI® Stick should not be bundled with the purchase of other e-liquids and food, beverage, drug, and different types of consumable products.
  • Routine audits to prevent access by minors, tampering, and access by unauthorized individuals inside the store.
  • No opening of products only to sell in smaller amounts.
  • No marketing of BIDI® Sticks other than for adult vaping.
  • No publication and distribution of any marketing materials, product review videos, articles (offline and online) without permission from Bidi Vapor.
  • Once Bidi Vapor authorizes the wholesalers or direct retailers about the publication of marketing materials, placing health risks signs should be disclosed in the endorsement.
  • No therapeutic and smoking cessation claims about BIDI® Stick.
  • No claims about the lower risk of disease, less harmful effects, free from a substance, and reduced exposure to a substance when using BIDI® Stick.

Once you purchase BIDI® Stick on wholesale from Bidi Vapor wholesalers and direct retailers, the wholesalers or direct retailers now hold the full responsibility in ensuring that the distribution of these products adheres to a strict age verification process and marketing approach in compliance with the law.

Adherence to Minimum Pricing

Bidi Vapor wholesalers and direct retailers must adhere to the minimum pricing guidelines as stated upon registration.

Breach and Penalty

If you fail to adhere to the terms of this Agreement, Bidi Vapor, LLC reserves enforce disciplinary sanctions for the committed violation. granted by Bidi Vapor, LLC. All actions shall incur any cost for the additional work required.

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ACH Authorization and Agreement (“Authorization”)

I represent and warrant that I am the authorized owner, or an authorized agent of the authorized owner, on the checking or savings account provided by me to Kaival Brands Innovations Group, Inc. (“Kaival”) through www.bidivapor.com or its affiliate web pages (the “Site”). By clicking the “Accept” button below, I hereby authorize Kaival to withdraw the purchase price(s) specified in the applicable order confirmation(s) issued and duly executed by Kaival (“Confirmation(s)”), on the payment date(s) specified in the applicable Confirmation(s), by electronic funds transfer from the checking or savings account provided by me to the Site (the “Authorized Account”), in order to make the Requisite Payments to Kaival in exchange for products sold by or through the Site.

“Requisite Payments” means the amounts I am required to pay under the applicable sales agreement by and between myself (or my associated entity) and Kaival (the “Sales Agreement”) and the associated Confirmation(s), including any additional charges I owe, such as delivery, tax, or late fees. If the applicable due date falls on a weekend or holiday, my payment will be processed on the next business day.

I agree that this Authorization shall remain in effect, and Kaival may retain my Authorized Account information, until I am notified by Kaival that they are terminating my Requisite Payments, or until three (3) business days following the date on which I notify Kaival, in writing, that I wish to revoke this Authorization. I acknowledge and agree that revocation of my authorization does not cause a revocation or alteration of the applicable Sales Agreement or Confirmation.

I understand that Kaival may restrict or terminate payment under this Authorization, in the event that I am in default of the applicable Sales Agreement, and/or if there are insufficient funds in my checking or savings account, among other reasons.

I acknowledge that I have received a copy of this Authorization.

In the event an error is made in any ACH transfer, I hereby authorize Kaival to make any necessary transfers, to or from my Authorized Account, in order to correct the error.

I acknowledge and agree that electronic funds transfers will be made to the financial institution and account number supplied by me through the Site, and I acknowledge and agree that any errors in the provision of such information to the Site shall be solely my responsibility. I agree to indemnify, defend, and hold harmless Kaival in connection with any damages arising from such errors.

I acknowledge and agree that Kaival shall not be responsible for any aspect of the payment transaction following the point when my designated financial institution receives or has control of the payment transaction. Any loss or damage resulting from the loss of data or funds following my designated financial institution’s receipt of payment (or control of payment) shall be solely my responsibility, or the responsibility of my designated financial institution.

I acknowledge that Kaival shall be responsible for employing commercially reasonable means to safeguard my data, but shall not be responsible for any virus, data breach, theft, glitch, error, force majeure, or related event affecting my Authorized Account information, so long as such commercially reasonable means are employed.

This Authorization shall be governed by the Sales Agreement then in effect between me (or my affiliated entity) and Kaival. In the absence of an effective Sales Agreement, this Authorization shall be governed by the terms and conditions of sale set forth on the Site at the time of my signature below.


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