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POLICIES & PROCEDURES FOR VENDORS EFFECTIVE 1/1/2011

These Vendor Policies & Procedures set forth the general terms and conditions for the purchase of products by Florida Pet Treats, Inc DBA Ernie Els Pet Products, (“FP, INC”), from seller (“Vendor”).

1. Purchase Order Confirmation. Vendor shall confirm purchase orders within twenty four (24) hours of receipt and confirm items/quantities on all purchase orders five (5) business days prior to pick up or shipping. Advance shipment confirmation to FP, INC’s purchasing agent, with detail as to shorted SKUs, via email, is required.

2. Payment Terms and Pricing Policy. Payment terms for Products ordered or services to be performed shall be 45 days. The payment due date is calculated from date of receipt of invoice at FP, INC’s billing address or date when goods are delivered to the FP, INC ship to address whichever is later.

3. Inspection and Shipment Confirmations. FP, INC shall have the right to reject any Products at time of receipt at FP, INC’s dock that do not conform to Vendor’s warranty or other product specifications. FP, INC relies on the case count confirmed at its warehouses at time of delivery as the basis for payment to Vendor. FP, INC will not accept any liability relating to documentation signed by either its drivers or its third party logistics drivers on Vendor’s docks that is contrary to these Terms of Purchase.

4. Miscellaneous Vendor Charge Backs. FP, INC reserves the right to pass through certain expenses which FP, INC has incurred from its customers on behalf of Vendor. Such expenses include store level spoils charged back by retailers, credits for recalls and manufacturer defects. Whenever FP, INC is assessed such expenses by retailers, FP, INC will provide Vendor with a vendor credit recap containing a summary of the expenses FP, INC has incurred on behalf of Vendor and which it is charging back to said vendor.

5. Food Safety and (if applicable) Organic Standards. FP, INC requires that Vendor’s product meet or exceed all FDA and other federal, state and local laws, rules or regulations regarding labeling compliance/food safety issues at time of shipment and delivery. All importers of products must be compliant with the Bioterrorism Act at the time of shipment and delivery.

6. Date Coding. Vendor guarantees at least 75% of maximum shelf life from time of production for all Products received at FP, INC distribution centers. FP, INC requires that a “use-by” date, that is easily decipherable by the end-consumer and by FP, INC warehouse personnel, be clearly stamped on each exterior carton and each sellable unit. Julian date codes and other date coding systems that may be confusing to consumers and warehouse personnel are not allowed.

7. Lot Number Coding. All vendors must code every package with a numbers that allows full traceability of that products production cycle and use of all raw material’s included. See pt 9.

8. Recall of Products. If Vendor becomes aware that any Products sold by Vendor to FP, INC are, may be, or may become harmful to anyone or anything or that the Products are defective or adulterated in any manner, Vendor shall immediately give written notice to FP, INC’s purchasing agent preferably by email (to orders@ernieelspetproducts.com). Said notice shall include the severity level of the recall (if applicable), the relevant UPCs, lot numbers and product description, and all relevant information with respect thereto. Vendor shall assist and cooperate with FP, INC in all respects of the recall of its Products, and shall, in addition to any other rights or remedies available to FP, INC, reimburse FP, INC upon demand for its administrative costs incurred in executing the product recall at its warehouses, from its delivery trucks in route, and from its retail customers’ backrooms and shelves. Additionally, FP, INC shall pass through to Vendor any recall penalties that retailers charge to FP, INC for a vendor’s product recall.

9. Entire Agreement. All purchase orders from FP, INC to Vendor, together with the above Terms of Purchase and the Hold Harmless Agreement immediately below (and any updates to the Terms of Purchase posted on FP, INC’s web site), shall constitute the complete, exclusive and final expression of the parties’ agreement. These Terms of Purchase shall be governed by and interpreted in accordance with the laws of the State of New York.

Purchase of Products hereunder or under any purchase order issued by FP, INC to Vendor for Products is expressly conditioned upon Vendor’s acceptance of these terms and conditions. Acceptance of a purchase order from FP, INC shall be deemed to be acceptance of the Terms of Purchase and Vendor shall be bound by all of the following terms and conditions. Any attempted acknowledgment of an order by Vendor containing terms of conditions inconsistent with or in addition to these terms of purchase is not binding.

Agreed to by:       _____________________________________
Signature:              _____________________________________
Date:                         _____________________________________
Corporate Name:_____________________________________
Address:                  _____________________________________
Phone #:                 _____________________________________