Dear Retailer,
At Natural Australian Kulture Pty Ltd (NAK), we are committed to you, the retailers that help us create beautiful haircare for everyone. To protect our brand and the integrity of our authorised distribution channels in Australia, NAK is implementing an Authorised Seller Program for Australia, last updated Monday 2 February 2026.
The Authorised Seller Program will ensure consistent product quality, high customer service standards, and protects retailers and consumers from the sale of damaged, diverted, or unauthorised products.
Your obligations are set out in the attached NAK Authorised Retailer Policy for Australia, which you are expected to comply with. The then current version of the Authorised Retailer Policy forms part of, and is incorporated into, the Retailer Agreement entered between you and NAK.
Key features of the Authorised Retailer Policy are noted below:
· Permissible Customers: You may sell NAK products solely to end users (i.e. the ultimate user of the products) and not to persons or entities who intend to resell NAK products.
· Online Sales and marketplace restrictions: You may sell NAK products online through your own ecommerce website, provided that your website complies with the attached NAK Online Sales Guidelines. Sales on third-party marketplaces (including, but not limited to, Amazon, eBay, Strawberry Net, Temu, Facebook Marketplace, Big W Marketplace, and/or Woolworths Marketplace), are strictly prohibited without prior written consent from NAK. Our rules regarding online sales will be strictly enforced.
· Ensuring Product Quality and Customer Satisfaction: The Authorised Retailer Policy outlines our expectations for the service you will provide to your customers. The Authorised Retailer Policy also describes certain steps you must take to maintain the quality of NAK products until they reach end users.
Thank you for your careful attention to the attached documents and for your continued support of NAK. If you have any questions regarding the Authorised Retailer Policy or Authorised Seller Program, please contact us at support@nakhair.com.au.
Sincerely,
Natural Australian Kulture Pty Ltd
NAK AUTHORISED RETAILER POLICY FOR AUSTRALIA
Last Updated: 2 February 2026
This NAK Authorised Retailer Policy for Australia (Policy) is issued by Natural Australian Kulture Pty Ltd (NAK, we, us or our) and applies to Authorised Retailers of NAK products in Australia (the Territory), including, but not limited to, NAK, ORI LAB, ROH, CARE, and any other brands manufactured or sold by NAK (collectively, the Product(s)).
Under no circumstances should any NAK Professional products including, but not limited to, NAK Permanent Colour, NAK Soft Colour, Liquid Gloss, Treatment Drops, Metallics, C.Series X, Activators, Lighteners, and One Litre Basin-Use products be sold to End Users (Professional Products). Professional Products are explicitly excluded from this Policy. By purchasing Products from NAK for retail sale, you (Retailer, you or your) agree to comply with this Policy.
The Policy applies to you 10 days after the date that we issue it to you, unless otherwise agreed in writing (Applicability Date). Our supply of the Products to you is on the condition that you comply, and only resell the Products in accordance, with this Policy. On and from the Applicability Date, and in consideration of your purchase, and our supply, of the Products, this Policy is a binding document between you and NAK and it supplements any then-current authorised retailer agreement between you and NAK (the Retailer Agreement). Unless and until revoked by NAK, in our sole and absolute discretion, you shall be considered an ‘Authorised Retailer’.
At any time, NAK may review your activities for compliance with this Policy, and you agree to cooperate with any such investigation, including, but not limited to, permitting inspection of your facilities and relevant records. The obligations in this Policy are in addition to those in the Retailer Agreement and a breach of this Policy will be deemed a breach of any such Retailer Agreement. To the extent there is any inconsistency between this Policy and the Retailer Agreement, this Policy takes precedence. Defined terms used throughout this Policy have the meaning given to them throughout this Policy and/or in the Retailer Agreement. Nothing in this Policy dictates the price that you are permitted to sell the Products at, which you may determine in its sole discretion.
1) End Users and Territory
a) You are authorised to sell Products only to End Users in the Territory. An ‘End User’ is the ultimate consumer of the Products and does not intend to resell the Products. You shall not sell quantities of the Products to any End User greater than reasonably intended for personal use.
b) You shall not, without the prior written consent of NAK, (i) sell, ship, or promote the Products outside the Territory; (ii) sell, ship, or promote Products to any person or entity who you have any reason to believe will or may sell, ship or promote the Products outside the Territory; or (iii) sell, ship, or promote Products to any person or entity who you have any reason to believe will or may sell the Products on any third-party storefront, drop-shipping account or an online marketplace (including, but not limited to, Amazon, eBay, Strawberry Net, Temu, Facebook Marketplace, Big W Marketplace, and/or Woolworths Marketplace).
2) Online Sales
a) You are authorised to offer for sale and sell Products to End Users through Permissible Public Websites in accordance with the terms set out below. A ‘Permissible Public Website’ is a website or mobile application that (i) is operated by you in Retailer’s legal name or registered fictitious name; (ii) is not a third-party storefront, drop-shipping account or an online marketplace; (iii) complies with the NAK Online Sales Guidelines, attached as Exhibit A, as NAK may amend from time to time in accordance with clause 6)e) of this Retailer Policy; and (iv) is submitted to and approved by NAK in accordance with clause 2(b) of this Retailer Policy.
b) Within 10 days of the Applicability Date, you must, if requested, submit a list of the URLs of the Permissible Public Websites, as well any other information requested, to NAK for review and approval. You agree to promptly notify NAK of any change to the website information submitted by emailing support@nakhair.com.au.
c) You shall not offer for sale or sell Products directly or indirectly on or through any platforms other than a Permissible Public Website without the prior written consent of NAK. Within five (5) days of notice from NAK, you must remove any Products from any platform that is not a Permissible Public Website and provide evidence to NAK of such removal if requested.
d) You agree to assist NAK in identifying and investigating any unauthorised sales of the Products in the Territory, including on any websites other than a Permissible Public Website, including providing relevant information, data, or records, subject to applicable laws.
3) Sales Practices
a) You may sell or promote the Products while you are an Authorised Retailer.
b) You shall always conduct your business in a reasonable and ethical manner and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time.
c) You shall not make any warranties or representations concerning the Products except as expressly authorised by NAK.
d) You shall comply with any sales practices provisions in the Retailer Agreement and all applicable laws, rules, regulations, and policies applicable to your business and/or the marketing and sale of the Products. To the extent permitted by law, you are solely responsible for the sale of the Products to your customers, including any terms applying to returns, refunds, credits, and exchanges by such customers. You must comply with all applicable laws in respect of the same.
e) You shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of NAK or the Products.
f) You shall use best endeavours to not advertise Products not carried in inventory.
g) You shall only purchase Products from NAK or an Authorised Wholesaler.
4) Product Care, Customer Service, and Other Quality Controls
a) You shall comply with the NAK Product Care, Customer Service, and Other Quality Controls, attached as Exhibit B, as NAK may amend from time to time in accordance with clause 6)e) of this Policy.
5) Intellectual Property
a) The restrictions in this clause, including NAK’s approval rights, are for the purpose of NAK safeguarding the integrity of its brand and confirming that the Products are accurately described. Nothing in this clause requires you to seek NAK’s approval for any Product pricing.
b) You acknowledge and agree that NAK or its licensors owns all proprietary rights in and to any brands, names, logos, trademarks, copyrights, designs and other intellectual property of NAK, including any intellectual property defined, identified or provided for in the Retailer Agreement (NAK IP). You are granted a limited, non-exclusive, non-transferable, revocable license to use the NAK IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease upon termination of your status as an Authorised Retailer. All goodwill arising from your use of the NAK IP shall inure solely to the benefit of NAK or its licensors.
c) Your use of the NAK IP shall be in accordance with any guidelines that may be provided by NAK from time to time, including any provisions of the Retailer Agreement, and must be commercially reasonable as to the size, placement, and other manners of use. NAK reserves the right to review and approve, in its sole discretion, your use or intended use of the NAK IP at any time, without limitation.
d) In marketing the Products, you shall only use images of Products either supplied by or authorised by NAK and shall use best endeavours to ensure that all Product images and descriptions are accurate and up to date. Where you need to modify any images and descriptions supplied or authorised by NAK, including to comply with any applicable laws, you must seek NAK’s approval over such modification before use.
e) You shall not create, register, or use any domain name, social media screenname, or mobile application name that contains any NAK product name or trademark, nor a misspelling or confusingly similar variation of any NAK product name or trademark.
f) Where you suspect, or receive notice of, any infringement or threatened infringement of the NAK IP, you must promptly notify NAK giving all necessary details and particulars and provide all information and assistance reasonably requested by NAK.
6) Suspension and Termination
a) NAK reserves the right, in its sole discretion, to immediately suspend acceptance and/or fulfilment of any orders for Products with you where you breach this Policy until such breach is rectified and/or your status as an Authorised Retailer is revoked in accordance with the remainder of this section. NAK will provide you with notice of such suspension prior to, or as soon as practical after, such suspension is enacted.
b) NAK reserves the right, in its sole discretion, to revoke your status as an Authorised Retailer with written or electronic notice, effective immediately.
c) You may also decide you no longer wish to be an Authorised Retailer and may provide NAK with written or electronic notice of this matter, in which case your status as an Authorised Retailer is revoked effective immediately.
d) Upon revocation of your status as an Authorised Retailer, without limiting any effect of termination provisions in the Retailer Agreement, you shall immediately cease (i) selling the Products; (ii) acting in any manner that may reasonably give the impression that you are an Authorised Retailer of the Products or has any affiliation whatsoever with NAK; and (iii) using all NAK IP.
e) The suspension and termination rights in this clause are in addition to any suspension and termination rights in the Retailer Agreement.
7) Modification
a) NAK reserves the right to update, amend, or modify this Policy at any time, by notice to you, having regard to the nature of the Products already being provided, the industry in which you and NAK operate, and the protection of NAK’s legitimate business interests. Any amendments will commence 30 days after the notice to you or (if applicable) a longer time specified in the notice to you (Amendment Notice Period).
b) Where you do not agree to such amendments, NAK may suspend or revoke your status as an Authorised Retailer, until you comply with the latest version of the Policy.
c) Where you agree to such amendments, or you give no notice within the Amendment Notice Period, you are deemed to have accepted the amendments and such amendments will take effect at the end of the Amendment Notice Period and a reference to the Policy will be a reference to the then current policy. The Last Updated date set out above will reflect the current version of this policy.
8) Indemnity
a) You indemnify NAK against any and all losses (being any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise) arising out of or in connection with your breach of this Authorised Retailer Policy, except to the extent caused or contributed to by NAK.
EXHIBIT A: NAK ONLINE SALES GUIDELINES
a) The Permissible Public Websites must not give the appearance that they are operated by NAK or any third party.
b) Anonymous sales are prohibited. Your full legal name or registered fictitious name, mailing address, email address, and telephone contact must be stated conspicuously on the Permissible Public Websites and must be included with any shipment of Products from the Permissible Public Websites or in an order confirmation email sent at the time of purchase.
c) At the request of NAK, you will reasonably cooperate in demonstrating and/or providing access to, and copies of, all web pages that comprise the Permissible Public Websites.
d) The Permissible Public Websites shall have a mechanism for receiving customer feedback, and you shall use reasonable efforts to address all customer feedback and inquiries received in a timely manner. You agree to provide copies of any information related to customer feedback (including any responses to customers) related to your sale of the Products to NAK for review upon request. You agree to cooperate with NAK in the investigation of any negative online review associated with your sale of the Products and to use reasonable efforts to resolve the customer or Product issues that are the subject of such reviews. You shall maintain all records related to customer feedback for a period of one (1) year following the creation or submission of such a record, to the extent legally permitted. Nothing in this paragraph shall be construed to require you to (i) disclose identifying information about your customers to NAK; or (ii) discourage, remove, hide, or otherwise edit any complaints or reviews of NAK or its Products.
e) The Permissible Public Websites shall be in compliance with all applicable privacy, accessibility, and data security laws, regulations, and industry standards.
f) You shall be responsible for all fulfillment to its customers who order Products through Permissible Public Websites, any applicable taxes associated with such purchases of Products, and any returns of Products.
g) Except where you have entered into a drop-shipment arrangement with NAK whereby NAK ships Products on your behalf to customers who order Products through Permissible Public Websites, under no circumstances shall you permit orders to be fulfilled in any way that results in the shipped Product coming from stock other than yours.
EXHIBIT B: NAK PRODUCT CARE, CUSTOMER SERVICE, AND OTHER QUALITY CONTROLS
1) Comply with all instructions provided by NAK regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels. Store Products in a cool, dry place, away from direct sunlight.
2) Sell Products in their original packaging, with their original labels, tags and/or associated literature, and in original retail packaging (if any). Relabelling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations to Products are not permitted.
3) Do not remove, translate, or modify the contents of any label or literature on or accompanying the Products. Do not alter any batch number, UPC code, or other identifying information on Products.
4) Do not advertise or resell as ‘new’ any Product that has been returned opened or repackaged.
5) Promptly upon receipt of the Products, inspect the Products and their packaging for damage, defect, broken seals, evidence of tampering, or other nonconformance (a Defect). If any Defect is identified, do not offer the Product for sale and promptly report the Defect to NAK at orders@nakhair.com.au.
6) Be familiar with the special features of all Products marketed for sale and obtain sufficient Product knowledge to advise customers on the selection, fit, and proper use of the Products, as well as any applicable warranty or return policy. Be available to respond to customer questions and concerns both before and after sale of the Products and respond to customer inquiries promptly.
7) Ensure that any third-party logistics provider engaged to store inventory of or fulfill orders for the Products is aware of and complies with all Product quality controls and customer service standards described in this Exhibit B or otherwise conveyed by NAK. NAK reserves the right to request additional information regarding the use of third-party logistics providers, and such information must be provided promptly to NAK. Cooperate with NAK in investigating any concerns related to the Products that may relate to the use of a third-party logistics provider.
8) Cooperate with NAK with respect to any Product tracking systems that may be implemented.
9) Cooperate with NAK with respect to any Product recall or other consumer safety information dissemination efforts.
10) Implement commercially reasonable loss prevention and anti-diversion measures.
11) Report to NAK any customer complaint or adverse claim regarding the Products and assist NAK in investigating any such complaints or adverse claims.
12) Cooperate with NAK in the investigation and resolution of any quality or customer service issues related to the sale of the Products, including disclosing information regarding Product sources, shipment, and handling.
13) Nothing in paragraphs 11 or 12 shall be construed to require you to (i) disclose identifying information about its customers to NAK; or (ii) to discourage, remove, hide, or otherwise edit any customer complaints or reviews of NAK or its Products.