Vendor Terms

Eva Pet, Inc. Vendor Portal Terms

Last updated: 09.24.2026

These Vendor Terms (“Terms”) govern your use of the Eva vendor portal at evapup.com/brands and any application you submit through it to have a product considered by Eva Pet, Inc. (“Eva”, “we”, “us”). By creating a vendor account, submitting an application, or requesting or using dashboard access, you agree to these Terms on behalf of yourself and the brand or company you represent (together, “you” or “Vendor”). If you do not agree, do not use the portal.

These Terms cover the application and review process and the vendor dashboard. They do not create a purchase, supply, or distribution relationship. Any purchase of products by Eva, listing in the Eva marketplace, or other commercial arrangement is governed by a separate written vendor agreement and purchase orders, which Eva will provide if an application is approved.

1. Eligibility and authority

You represent that you are at least 18 years old, that you are authorized to act for the brand named in your application, and that the brand owns or holds the rights to sell the products you submit. If you are a broker, agency, or distributor, you represent that the brand has authorized you to submit on its behalf and to agree to these Terms for it.

2. The application

Accuracy. Everything you submit must be true, complete, and current, including ingredient and materials lists, country of origin, manufacturing facility, certifications, pricing, distribution, insurance, and recall and regulatory history. You will update your application if any of it changes while it is under review. Submitting false or misleading information is grounds for declining the application, ending any resulting relationship, and closing your vendor account.

Standards. Eva evaluates applications against its product standards, summarized on the vendor portal. The full internal standard is confidential and Eva may change it without notice. Meeting the summarized requirements does not guarantee approval.

No obligation. Eva may decline any application for any reason or no reason, and may approve an application in whole or in part, with a carry tier or other conditions. Approval of a product does not obligate Eva to purchase, list, or promote it. Eva may withdraw approval at any time.

Review. Eva aims to respond within the review period shown on the portal but does not promise a response time. Eva may use automated tools, including machine learning, to organize, score, and summarize applications; a person makes every decision.

Samples. If Eva requests samples, you ship them at your expense to the address provided. Samples are not returned. Eva may open, test, share internally, photograph, and dispose of samples, and may send them to a third-party laboratory for testing. Sending a sample is not an offer to sell and Eva’s acceptance of a sample is not a purchase.

Reapplication. A declined brand may reapply after the period shown on the portal. An application declined for a false statement may not be resubmitted.

3. Your materials

License. You grant Eva a worldwide, non-exclusive, royalty-free license to use, copy, store, and display the information, images, documents, and other materials you submit (“Materials”) for the purposes of evaluating your application, communicating with you, and, if your product is approved, creating and maintaining Eva’s product catalog, product pages, brand page, marketing, and the Eva Puppy List. The license for catalog and marketing use continues for as long as Eva carries or lists the product and for a reasonable period afterward to wind down; the license for evaluation continues for the retention period below. You may not withdraw Materials that have been incorporated into a published product page while the product is carried or listed.

Ownership. You keep ownership of your Materials. You represent that you own or have the rights to everything you submit, including product photography, and that Eva’s use under these Terms will not infringe any right of any person.

Public data. Product names, descriptions, images, prices, and availability that Eva obtains from public sources, retailer data feeds, affiliate networks, or your own website may be used by Eva under the terms of those sources without regard to this Section.

Feedback. Ideas, suggestions, or feedback you give Eva about its business are not confidential and Eva may use them without obligation to you.

4. Confidentiality

Eva’s questions, scores, feedback, review notes, messages, and decisions, and any non-public information about Eva’s business, buying plans, or standards that you learn through the portal, are Eva’s confidential information. You will not disclose them to anyone outside your company and your advisors, and you will not publish or promote a pending or declined application or characterize Eva’s evaluation of your product. You may state publicly that Eva carries your product once it is on sale.

Eva will treat your unpublished wholesale pricing, revenue band, distribution details, and insurance information as confidential and will not disclose them outside Eva and its service providers except as required by law. Eva may disclose that an application was received, and may use aggregated, anonymized application data for its own analysis.

5. Compliance representations

For every product you submit, you represent and will maintain that: - It complies with all applicable laws and regulations, including FDA and state feed regulations for food, treats, and supplements, AAFCO model regulations where applicable, CPSC requirements for gear, and all labeling and advertising requirements. - Its label claims are truthful, substantiated, and not drug claims unless the product is approved as a drug. - It is not subject to any unresolved recall, safety notice, or regulatory action, and you will notify Eva within 24 hours of learning of any recall, safety complaint, or regulatory inquiry affecting a submitted or carried product. - You hold product liability insurance of at least $1,000,000 per occurrence and will name Eva as an additional insured before any product is carried, and you will keep that insurance in force for as long as Eva carries or lists the product and for two years afterward. - You will cooperate fully with any recall, including providing lot and distribution data promptly.

6. Vendor dashboard

Dashboard access is granted to individuals approved by Eva for a brand Eva carries or lists, and may be revoked at any time. The dashboard shows Eva’s data about your products, including sales, customer list activity, page views, outbound clicks, and reviews, in aggregated form. That data is Eva’s confidential information licensed to you solely to understand your products’ performance at Eva. You may not share it outside your company, publish it, use it to identify any Eva customer, combine it with other data to do so, use it to benchmark Eva against other retailers publicly, or access it by any automated means. Reports you export are subject to the same limits. Eva may change, suspend, or remove dashboard features at any time.

7. Account security

You are responsible for the accuracy of your account details, for the actions of anyone who uses your login, and for telling Eva promptly at [email protected] if you believe your account has been compromised. Each dashboard user must use their own login.

8. Privacy

Eva collects and uses the personal information of your representatives (names, titles, emails, phone numbers) as described in Eva’s Privacy Policy at evapup.com/privacy, to run the portal and communicate with you. Application records are kept for two years after a decision, or for as long as Eva carries or lists the product plus two years, and may be deleted on request where the law provides that right.

9. Disclaimers and limitation of liability

THE PORTAL AND DASHBOARD ARE PROVIDED “AS IS”. EVA MAKES NO WARRANTIES ABOUT THEIR AVAILABILITY OR ACCURACY, ABOUT THE OUTCOME OR TIMING OF ANY APPLICATION, OR ABOUT ANY SALES, VOLUME, OR PLACEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, EVA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING FROM THE PORTAL, THE DASHBOARD, ANY APPLICATION, OR THESE TERMS, AND EVA’S TOTAL LIABILITY TO YOU UNDER THESE TERMS IS LIMITED TO ONE HUNDRED DOLLARS.

10. Indemnification

You will defend, indemnify, and hold harmless Eva and its officers, directors, employees, agents, and service providers from all claims, losses, liabilities, and expenses, including reasonable legal fees, arising from your Materials, your products, your breach of these Terms or the representations in Section 5, any recall or safety issue involving your products, or any violation of law or third-party right by you or your products.

11. Term and termination

These Terms apply from your first use of the portal and continue while you have a vendor account. Eva may suspend or close your account and decline or withdraw any application at any time. Sections 3, 4, 5, 6, 9, 10, 12, and 13 survive termination.

12. General

Changes. Eva may update these Terms by posting a new version on the portal. Changes apply to applications submitted and dashboard use after posting.

Relationship. Nothing in these Terms makes you Eva’s agent, partner, or employee, or gives you any exclusivity.

Notices. Notices to Eva go to [email protected]. Notices to you go to the email on your vendor account.

Assignment. You may not assign these Terms without Eva’s written consent. Eva may assign them to an affiliate or a successor.

Entire terms. These Terms and the Privacy Policy are the entire agreement about the portal and the application process. They are superseded by a written vendor agreement only as to the subject of that agreement.

Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Eva’s failure to enforce a term is not a waiver.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, excluding its conflict of law rules. Any dispute arising from these Terms or the portal will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to their jurisdiction. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Contact. Eva Pet, Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731, [email protected].