Terms of service

Echo Water Wholesale Agreement

Last Updated: November 5, 2026

Published at business.echowater.com/policies/terms-of-service

This Wholesale Agreement ("Agreement") is between Echo Technologies, LLC, a New Mexico limited liability company doing business as Echo Water ("Echo" or "Supplier"), and the business that applies for or holds a wholesale or dropship account with Echo ("Customer"). It governs all wholesale and dropship purchases from Echo, Customer's resale and advertising of Echo products, and the use of business.echowater.com.

Customer accepts this Agreement by checking the box agreeing to it on Echo's application or checkout, or by submitting a wholesale or dropship application, creating or using an account, placing an order, or advertising Echo products as an Echo reseller. The person accepting on Customer's behalf represents that they are authorized to bind Customer.

1. Supplier Contact Information

Company: Echo Technologies, LLC (d/b/a Echo Water)

Address: 875 East 1950 North, Spanish Fork, UT 84660, United States

Email: wholesale@echowater.com

Phone: +1 (855) 737-1114

2. Related Policies and Order of Precedence

The following are part of this Agreement: the Wholesale Returns, Refunds & Warranty Policy, the Wholesale Shipping Policy, and Echo's product warranties at business.echowater.com/pages/product-warranties. Echo's Privacy Policy describes how Echo handles personal information. If they conflict, this order applies: (a) a separate written agreement signed by both parties; (b) this Agreement; (c) the policies listed above; (d) any purchase order or other Customer document. Terms in Customer's purchase orders or other documents that add to or differ from this Agreement do not apply unless Echo agrees to them in a signed writing. Echo's consumer terms and return policy on echowater.com, and the website Terms and Conditions page on business.echowater.com, do not change this Agreement.

3. Accounts and Eligibility

Accounts are for businesses buying Echo products for resale to end users or for use in their own business. Echo may approve or decline any application.
Customer must provide accurate information, including a valid tax or reseller identification and resale certificate where required, and keep it current.
Customer must notify Echo within seven (7) days of any change in its ownership, legal structure, management, business address or tax status.
Customer is responsible for all activity under its account and for keeping its login credentials secure.
Echo offers two account types: Wholesale accounts, which buy products in bulk and fulfill their own customers, and Dropship accounts, which place orders that Echo ships directly to Customer's customers.

4. Authorized Reseller Terms

Echo appoints Customer as a non-exclusive authorized reseller of the Echo products made available to its account. Customer has no exclusive territory, and Echo may sell to anyone, anywhere, including through echowater.com and other resellers. To protect the brand, customers and authorized partners, Customer agrees to these conditions:

End users only. Customer will sell Echo products only to end users. Customer will not sell or transfer Echo products to any other reseller, distributor, wholesaler or person Customer knows or should know intends to resell them.
United States and Canada only. Customer will sell and ship Echo products only to end users located in the United States and Canada, and will not export Echo products outside the United States and Canada, unless Echo approves otherwise in writing. Echo has distribution partners in other markets.
Approved sales channels. Customer may sell through its physical locations, its practice, and websites it owns and operates under its own name. Customer will not list or sell Echo products on Amazon, Walmart Marketplace, eBay, TikTok Shop, Etsy, Facebook Marketplace, Temu, or any other third-party marketplace or auction site without Echo's prior written approval.
Genuine condition. Customer will sell Echo products only in their original packaging, with all labels, manuals, warranty information and serial numbers intact, and will not repackage, relabel or alter them.
No trademark bidding. Customer will follow the paid-search and online-presence rules in Section 14.

Products sold in breach of this Section are not sold by an authorized reseller and are not covered by Echo's warranty. A breach of this Section is a material breach of this Agreement.

5. Orders

All orders are subject to Echo's acceptance. Echo may accept an order in full or in part, or decline it. An order is accepted only when Echo ships it or sends written acceptance; automatic order receipts and confirmations are not acceptance. Echo may cancel any order that contains a pricing or product error. Echo will refund any amount Customer prepaid for items Echo declines or cancels.
Orders may be placed through the wholesale portal at business.echowater.com, through Customer's Echo account manager, or by email to wholesale@echowater.com.
The opening order for a Wholesale account must be at least $2,500, excluding taxes and shipping. Product-specific case-pack or quantity minimums, and any minimums for Dropship accounts, are shown in Customer's account or price list.
Bulk orders ship only to business addresses Echo has approved for Customer's account. Dropship orders ship to the end-user address Customer provides.
Echo may discontinue products, change product specifications, or limit quantities at any time.

6. Pricing and Taxes

Prices are Echo's wholesale prices for the pricing tier assigned to Customer's account, as shown in Customer's logged-in account at the time the order is placed, unless Echo has given Customer a written quote.
Echo may change prices and tier assignments at any time by updating Customer's account. Price changes do not apply to orders Echo has already accepted.
Manufacturer's suggested retail prices are suggestions only. Customer is free to set its own resale prices.
Prices exclude shipping, duties, and sales, use, excise and similar taxes, which Customer must pay unless it provides a valid resale or exemption certificate.

7. Payment

Payment is due in full when the order is placed, unless Echo has approved payment terms (such as Net 30) for Customer in writing.
Echo accepts credit card through the wholesale portal, ACH or wire transfer, and check.
Past-due amounts accrue interest at 1.5% per month, or the maximum rate allowed by law if lower. Customer will pay Echo's reasonable costs of collecting past-due amounts, including attorneys' fees.
Echo may change or withdraw payment terms, require prepayment, hold or cancel unshipped orders, or suspend the account if Customer is past due or Echo reasonably believes Customer's financial condition puts payment at risk.
Customer will not dispute or charge back a payment for an issue covered by the Returns, Refunds & Warranty Policy without first contacting Echo.

8. Shipping, Title and Risk of Loss

Shipping terms are set out in the Wholesale Shipping Policy. Delivery dates are estimates.
Title and risk of loss pass to Customer when Echo delivers the products to the carrier. Even so, as an accommodation, Echo will replace or credit confirmed transit losses and damage reported on time under the Returns, Refunds & Warranty Policy, and Customer assigns to Echo any related claims against the carrier.
Partial shipments may occur and are invoiced as they ship. Backordered items ship when available unless Customer cancels them in writing before shipment.
Customer must inspect bulk shipments on delivery and report damage, shortages or incorrect items within three (3) business days of delivery. Dropship delivery problems must be reported within fourteen (14) days of delivery. Packages marked delivered but not received must be reported between three (3) and ten (10) business days after the delivery scan. Unreported problems are deemed accepted.

9. Cancellations

Customer may cancel an order at no charge until Echo has created a shipping label for it.
After a shipping label is created and before the order ships, Echo may charge a cancellation fee of up to 15% of the price of the canceled items to cover its processing costs.
Echo will refund any remaining prepaid amount for canceled items.
Shipped orders cannot be canceled and are subject to the Wholesale Returns, Refunds & Warranty Policy.

10. Returns

Returns, refunds and credits are governed by the Wholesale Returns, Refunds & Warranty Policy. In summary:

Customer's own return policy applies to its customers, and Customer is responsible for refunding them. Echo does not accept return requests directly from Customer's customers.
Wholesale accounts: all purchases are final. Echo does not accept returns of unsold, non-defective products unless a separate written agreement signed by an authorized officer of Echo expressly allows it, and then only on the terms of that agreement.
Dropship accounts: if Customer accepts its customer's return and requests a return label within 60 days of delivery, Echo will accept the item back and credit Customer the price it paid, less the label cost and any applicable restocking fee.
Defective products are handled under Echo's warranty (Section 11).

11. Warranty

Echo's published limited warranty for each product, available at business.echowater.com/pages/product-warranties, applies to Echo products bought from Echo by Customer and resold in accordance with this Agreement. The warranty runs to the original end user and is handled directly by Echo through echowater.com/pages/warranty-review.
As stated in Echo's published warranty, the warranty does not cover products bought from unauthorized sellers, or damage caused by alteration, repackaging, misuse, accident, improper installation or improper repair.
Customer will make Echo's warranty terms available to its customers before sale, for example by linking to them on each online product page and keeping them available in store, and will include the warranty materials Echo packs with each product.
Products Customer buys for use in its own business rather than for resale are covered by Echo's published warranty for that product, with Customer as the end user.
Customer may not make any warranty, guarantee or representation about Echo products on Echo's behalf beyond Echo's published warranty and approved product information. Customer is solely responsible for any additional warranty or guarantee it offers.

AS BETWEEN ECHO AND CUSTOMER, AND EXCEPT FOR ECHO'S PUBLISHED LIMITED WARRANTY, ECHO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. FOR PRODUCTS CUSTOMER BUYS FOR ITS OWN USE RATHER THAN FOR RESALE, ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE DURATION OF ECHO'S PUBLISHED WARRANTY. NOTHING IN THIS AGREEMENT LIMITS ANY RIGHTS AN END USER HAS UNDER ECHO'S PUBLISHED WARRANTY OR APPLICABLE CONSUMER LAW.

12. Dropship Accounts

These additional terms apply to Dropship accounts. All other terms of this Agreement also apply to them.

Customer is the seller. Customer sells to its customers in its own name and is the seller of record. Customer sets its own retail prices, collects payment from its customers, and is responsible for collecting and remitting any sales tax due on its sales.
Sales tax on dropship orders. Echo may charge sales tax on any dropship order unless Customer has provided a resale or exemption certificate that is valid in the ship-to state, and Customer will give Echo its retail selling price where a state requires it.
Payment before shipment. Each dropship order must be paid in full, or fall within approved payment terms, before Echo ships it. Echo is not responsible for collecting payment from Customer's customers.
Accurate orders. Customer must submit complete and accurate order details, including the customer's name, shipping address, email and phone number. Echo ships to the address Customer provides and is not responsible for errors in it.
Customer service. Customer handles pre-sale questions, order changes, cancellations and returns with its customers. Echo handles product warranty claims directly with the end customer, and Echo product support is available to Customer's customers at support@echowater.com.
Customer's own policies. Customer must post its own terms of sale, return policy and privacy policy, and its policies must not promise anything on Echo's behalf that conflicts with this Agreement or Echo's published warranty.
Sharing customer information. Customer represents that it has given any notices and obtained any consents required by law to share its customers' information with Echo. Echo will use that information to fulfill orders, provide product support, handle warranty claims, prevent fraud and meet legal obligations, as described in Echo's Privacy Policy. Echo will not send marketing messages to Customer's dropship customers using information received from Customer, unless the customer separately signs up with Echo (for example, by registering a product, using the Echo app or subscribing to Echo communications).
Packaging. Dropship orders ship in Echo's standard product packaging. Echo uses reasonable efforts not to include Echo's wholesale pricing in the package.
Order volume. Echo may limit, delay or decline dropship orders it reasonably suspects are fraudulent, are going to a reseller, or would breach Section 4.

13. Marketing, Product Claims and Compliance

Customer will describe Echo products only in a manner consistent with Echo's product labeling, manuals and approved marketing materials.
Echo products are not intended to diagnose, treat, cure or prevent any disease, and have not been evaluated by the U.S. Food and Drug Administration. Customer will not make any disease, treatment, cure or other medical claim about Echo products, and will not make any other claim that is false, misleading or unsubstantiated.
Customer will comply with all laws that apply to its purchase, marketing, sale and shipment of Echo products, including consumer protection, advertising, product safety, privacy, tax, and import and export laws.
Customer will display any product warnings Echo provides, including California Proposition 65 warnings, on its product pages and at the point of sale where required, and will not remove or obscure warnings on product packaging.
Customer will maintain commercial general liability insurance in amounts customary for its business while it sells or uses Echo products.
Customer will promptly tell Echo about any product safety issue, injury claim, regulatory inquiry or recall request involving Echo products, and will cooperate with any recall or corrective action Echo directs.

Commercial use

If Customer uses Echo equipment in its own business (for example, to serve clients in a clinic or studio), Customer is responsible for installing, operating and maintaining it according to Echo's instructions, for the services it provides with it, and for any claims it makes about those services.

14. Trademarks, Paid Search and Online Presence

14.1 License

The ECHO WATER and ECHO H2 trademarks, and the names, logos and trade dress of Echo's products (the "Echo Marks"), are owned by or licensed to Echo. Echo grants Customer a limited, non-exclusive, non-transferable, revocable license to use the Echo Marks, product images and Echo-approved marketing materials solely to identify, advertise and sell genuine Echo products in accordance with this Agreement and any brand guidelines Echo provides. All goodwill from that use belongs to Echo. Customer gains no ownership of, and will not challenge, the Echo Marks.

14.2 No Trademark Bidding

Without Echo's prior written approval, Customer will not, directly or through any agency, affiliate, contractor or other person acting for it:

Bid on, purchase or use any Echo Mark, or any misspelling, abbreviation, variation or phrase containing an Echo Mark (for example, "echo water," "echowater," "echo hydrogen water," "echo flask," "echo h2," "echo water bottle"), as a keyword, search term or targeting term in Google Ads, Microsoft Advertising, Amazon Ads, Apple Search Ads, YouTube, Meta, TikTok, Pinterest or any other search, shopping, social or advertising platform.
Use any Echo Mark in the headline, display URL or visible text of a paid search or shopping ad in a way that suggests the ad is from Echo, or that directs people searching for Echo to Customer's site.
Allow any of its paid campaigns to show ads for Echo Mark searches through broad match, dynamic search ads, Performance Max or similar automated targeting. Customer will add the Echo Marks and their variations as negative keywords in every paid campaign.

Customer may use the Echo Marks in ordinary text on its own website and product listings to describe genuine Echo products it sells, and in organic, unpaid social media posts.

14.3 Names, Domains and Accounts

Customer will not register or use any Echo Mark, or anything confusingly similar, in a business name, trade name, domain name, social media handle, app name, marketplace storefront name or email address, and will not create any website, page or account that could be mistaken for an official Echo channel. On request, Customer will transfer to Echo any domain name or account that violates this Section.

14.4 Enforcement

Customer will stop any violation of this Section within 48 hours of notice from Echo. Echo may also suspend Customer's account, withhold wholesale pricing, or terminate this Agreement for any violation, and may recover its damages and reasonable attorneys' fees. A repeat or willful violation is a material breach of this Agreement. These remedies are in addition to Echo's rights under trademark law.

14.5 After Termination

The license in Section 14.1 ends when this Agreement ends. Customer must then promptly stop using the Echo Marks and Echo materials and stop representing itself as an Echo reseller, except to sell off inventory Echo permits Customer to keep. Sections 14.2 through 14.4 continue to apply after termination.

15. Minimum Advertised Price (MAP) Policy

15.1 Purpose and Nature

Echo has adopted this MAP Policy unilaterally to protect the Echo brand and support resellers who invest in educating customers. It is published here for convenience and is not a term of this Agreement; Customer's acceptance of this Agreement is not an agreement about pricing. The policy applies only to advertised prices. Customer remains free to set its actual selling price. Echo does not seek, and will not accept, any agreement from a reseller about resale pricing, and no Echo employee is authorized to negotiate or modify this policy.

15.2 Scope

This policy applies to public advertising directed at customers in the United States, including websites, e-commerce listings, email, paid search, comparison-shopping engines, social media, print, mobile apps and affiliate networks. It does not apply to in-store prices that are not advertised outside the store.

15.3 MAP Guidelines

Advertised prices must be at or above the minimum advertised price for each product in Echo's current MAP Product Schedule, which is available in Customer's account or on request from wholesale@echowater.com.
The following advertising practices are treated as advertising below MAP: "click for price," "add to cart to see price," "call for best price," "see price at checkout," coupon codes or automated discounts shown with the product that bring the advertised price below MAP, and bundles or free gifts that reduce the effective advertised price of an Echo product below MAP.

15.4 Exceptions

Prices communicated privately and one-on-one with a customer.
In-store prices that are not advertised outside the store.
Promotions and discontinued products Echo has approved in writing.

15.5 Responsibility

Customer is responsible for its own advertising and for advertising placed by its affiliates, agents and contractors.

15.6 Enforcement

1st violation: Echo may send written notice of the violation. Echo will not seek or accept assurances of future compliance.
2nd violation: 30-day suspension of the account and of the right to buy at wholesale pricing.
3rd violation: termination of the account.
Severe violations, such as cloaked pricing, unauthorized bundles or coupon codes that advertise below MAP: immediate termination, removal of listings, and cancellation of open orders.

Echo decides in its sole discretion whether a violation has occurred and may change or end this policy at any time.

15.7 Reporting

Report MAP violations to wholesale@echowater.com.

16. Confidentiality

Customer will keep confidential, and use only to do business with Echo, Echo's wholesale prices, pricing tiers, payment terms, discounts, product roadmaps and any other non-public information Echo shares. This obligation continues for three (3) years after this Agreement ends.

17. Indemnification

Customer will defend, indemnify and hold harmless Echo and its members, managers, officers, employees and agents from all claims, losses, damages, penalties and expenses (including reasonable attorneys' fees) arising from: (a) Customer's breach of this Agreement; (b) any warranty, guarantee, claim or representation about Echo products made by Customer beyond Echo's published warranty and approved product information; (c) Customer's negligence, misconduct or violation of law; (d) Customer's handling, storage, installation or alteration of products; or (e) sales made in breach of Section 4.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ECHO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR BUSINESS, ARISING FROM THIS AGREEMENT OR THE PRODUCTS, EVEN IF ADVISED OF THEIR POSSIBILITY. ECHO'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THIS AGREEMENT OR ANY ORDER WILL NOT EXCEED THE AMOUNT CUSTOMER PAID ECHO FOR THE PRODUCTS GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

19. Term, Suspension and Termination

This Agreement continues until terminated. Either party may terminate it at any time with written notice (email is sufficient).
Echo may suspend or terminate Customer's account immediately if Customer breaches this Agreement, fails to pay when due, or harms or is likely to harm Echo's brand or customers.
On termination, all amounts Customer owes become immediately due, Echo may cancel unshipped orders, and Customer must stop using Echo's trademarks and stop representing itself as an Echo reseller, except as Section 14.5 allows. Echo may, but is not required to, offer to buy back unsold inventory in resalable condition on terms Echo states in writing.
Sections 4 (as to inventory sold after termination), 7, 8, 10, 11, 12 (as to customer information), 13, 14.2 through 14.5, 16, 17, 18, 20 and 21 survive termination.

20. Governing Law and Disputes

This Agreement is governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any lawsuit arising from this Agreement must be brought in the state courts located in Utah County, Utah, or the United States District Court for the District of Utah, and each party consents to those courts' jurisdiction and venue. The prevailing party in any such action is entitled to recover its reasonable attorneys' fees and costs. Echo may seek injunctive relief in any court to protect its trademarks or enforce Section 4, Section 14 or Section 16. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL in any action arising from this Agreement, to the extent permitted by law.

21. General Terms

Relationship. The parties are independent contractors. This Agreement does not create a franchise, partnership, joint venture, agency or employment relationship. Customer pays no fee for its appointment.
Changes. Echo may update this Agreement by posting a new version at business.echowater.com/policies/terms-of-service and, for material changes, notifying Customer by email. Updates apply to orders placed after the update is posted. Placing an order after an update means Customer accepts it.
Notices. Notices to Echo must be sent to wholesale@echowater.com or the address in Section 1. Notices to Customer may be sent to the email address on its account.
Assignment. Customer may not assign this Agreement without Echo's written consent. Echo may assign it to an affiliate or a successor to its business.
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, except for payment obligations.
Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.
Entire agreement. This Agreement and the policies it incorporates are the entire agreement between the parties about its subject and replace any earlier wholesale terms, unless the parties have signed a separate written agreement.