A person or entity must have an authorized account in order to purchase products directly from Hawthorne Hydroponics LLC (“Hawthorne”). Purchases are subject to additional terms and conditions provided in the Account Application and Customer Agreement. An authorized accountholder (“Customer”) must be an Authorized Dealer, Authorized Installer, Commercial Producer and/or an Authorized Wholesaler (all as defined below) and is subject to the sale and use restrictions set forth below.
Sale and Use RestrictionsCustomer may only (a) promote and resell products purchased from Hawthorne (the “Products”) in the course of a retail business operating from (i) offline store locations leased or owned solely by Customer and/or (ii) websites with top level domains solely owned and operated by Customer to consumer, commercial or other end user purchasers (an “Authorized Dealer”), (b) promote and resell the Products for installation or application by the Customer in the course of providing bona fide professional service to a third party for a fee (“Authorized Installer”), (c) use the Products for their intended purpose in Customer’s own commercial operations other than cannabis operations, unless such cannabis operations are (i)(1) located in Canada, or (2) located in the United States and limited to the production of hemp as set forth in 7 U.S.C. 1639o and the related federal implementing regulations, as they may be further restricted by applicable state laws and regulations and (ii) in compliance with all applicable laws, rules and regulations, and possess and maintain in good standing all required licenses that authorize such cannabis operation to grow, harvest, process, dry, trim, cure, store and/or package cannabis (“Commercial Producer”), and/or (d) promote and resell the Products in the course of a wholesale business solely owned and operated by Customer to end user purchasers for use in such purchaser’s own commercial operations if, and only if, and so long as, Customer is approved and authorized as a wholesaler by Hawthorne in writing (“Authorized Wholesaler”).