Terms of service

TERMS OF SERVICE

Last Updated: April 23, 2026

Welcome to Red Apple Fireworks®! These Terms of Service (“Terms”) govern your access to and use of the Red Apple Fireworks® website (the “Site”), including any purchases made through our e-commerce platform, participation in our B2B wholesale program, and use of our retail services.

By accessing our Site or purchasing our products, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business entity, you represent that you have the legal authority to bind that entity to these Terms.

1. B2B PROGRAM & ELIGIBILITY

Red Apple Fireworks® offers a specialized B2B Program for wholesale buyers and retailers. Participation in the B2B Program is subject to approval by Red Apple Fireworks®. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion. All B2B participants must maintain valid state and local licenses required for the purchase, storage, and resale of fireworks in their respective jurisdictions.

You represent and warrant on an ongoing basis that you hold all valid state and local licenses, permits, and certifications (“Compliance Documents”) required for the legal purchase, storage, and resale of fireworks. You acknowledge that Red Apple Fireworks® relies specifically and exclusively on these representations to fulfill your orders. Any misrepresentation or failure to provide Compliance Documents within 24 hours of our request constitutes a MATERIAL BREACH of these Terms. In addition to account termination and order cancellation, you shall be held strictly liable for any regulatory fines, legal fees, or third-party claims incurred by Red Apple Fireworks® resulting from your non-compliance, and you agree to fully indemnify Red Apple Fireworks® for such breach.

2. NO OFFER TO SELL & ORDER ACCEPTANCE

The advertisement of any product on our Site or in our catalogs does not constitute an offer to sell. Your placement of an order is an offer to purchase, which is subject to acceptance by Red Apple Fireworks®. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or regulatory restrictions. An order is only deemed accepted once you receive a formal order confirmation and shipment notification.

3. PRICING, TARIFFS, AND MODIFICATIONS

Red Apple Fireworks® strives to provide competitive pricing; however, all prices are subject to change without notice.

  • Price Modifications: We reserve the right to adjust pricing at any time, including due to market fluctuations, increased costs (including freight, fuel, and materials), tariffs/duties/trade actions, and/or administrative, typographical, or system errors.
  • Tariffs & Duties / Government Actions: Prices quoted do not include future changes in government-imposed tariffs, duties, trade penalties, embargoes, sanctions, port fees, or similar charges. If any such costs increase or are newly imposed and impact Red Apple Fireworks®’ costs for inventory and/or fulfillment, Red Apple Fireworks® may apply a proportional surcharge and/or price adjustment to any unfulfilled, partially fulfilled, or future orders.
  • Quoted vs. Invoiced Pricing: Any quote, price list, catalog listing, cart total, or pre-invoice is non-binding and subject to correction. The final price is the price shown on Red Apple Fireworks®’ final invoice/order confirmation at acceptance, as permitted by law.

4. PAYMENT TERMS, CASH DISCOUNTS, AND CARD FEES

  • Payment Methods: We accept major credit cards, wire transfers, ACH, checks, and other approved payment methods.
  • Cash Discount Program: We may offer a discount for payments made via “cash-equivalent” methods (e.g., Wire Transfer, ACH, or Check). If offered, the discount (or discounted price) will be reflected on your invoice and applies only if payment is received in full via an eligible method within the stated timeframe.
  • Credit Card Processing Fee (Non-Cash Adjustment): To help keep wholesale pricing low, a processing fee may be applied to credit card transactions (or, if presented as a cash discount, the non-discounted price applies to credit card payments). Any such fee/price difference will be disclosed at or before checkout/invoicing and will not exceed the maximum permitted by applicable law.
  • Late Payments: Late payments are subject to interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. You are responsible for reasonable costs of collection as permitted by law, including attorneys’ fees and court costs.

5. SALES CHANNEL POLICY (AUTHORIZED RESELLER RULES)

To protect the integrity of the Red Apple® brand and customer experience, B2B buyers are restricted in where and how they may market and resell our products.

  • Authorized Channels: Unless otherwise approved in writing by Red Apple Fireworks®, you may sell Red Apple® products only through (i) your own physical retail locations and/or (ii) your own branded e-commerce website(s) that you own and operate.
  • Prohibited Channels (No Third-Party Marketplaces): Resale or listing on third-party marketplaces—including but not limited to Amazon, eBay, Walmart Marketplace, Etsy, Temu, TikTok Shop, or Facebook Marketplace—is strictly prohibited without express prior written consent from Red Apple Fireworks®.
  • No Drop-Shipping to Marketplace Sellers: You may not sell to, fulfill for, or otherwise support third parties who list Red Apple® products on prohibited channels.
  • Enforcement & Remedies: Violation may result in suspension or termination of your B2B account, cancellation of pending orders, withholding of future shipments, and any other remedies available to Red Apple Fireworks® at law or equity.

6. MINIMUM ADVERTISED PRICE (MAP) POLICY

Red Apple Fireworks® may maintain a Minimum Advertised Price (“MAP”) policy on select products to support our brand positioning and market consistency.

  • Covered Advertising: The MAP policy applies to all forms of advertising and promotion, including online listings, e-commerce product pages, paid search, email marketing, digital ads, social media, print advertising, and any publicly displayed pricing.
  • MAP Compliance: You agree not to advertise Red Apple® products below the MAP established by Red Apple Fireworks® for those products, as may be updated from time to time.
  • Independent Resale Pricing: The MAP policy limits only the advertised price. You retain the independent right to set your resale prices, including selling at any price in-store, provided your advertising complies with MAP and you otherwise comply with these Terms.
  • Non-Negotiated, Unilateral Policy: The MAP policy is established unilaterally by Red Apple Fireworks® and is not intended to be an agreement regarding resale price. Red Apple Fireworks® does not seek, and will not accept, any assurances of compliance; enforcement may be taken at Red Apple Fireworks®’ sole discretion.

7. DIGITAL ASSET & MATERIALS RELEASE (BRAND ASSETS LICENSE)

Red Apple Fireworks® may provide high-quality photography, videos, product descriptions, logos, trademarks, marketing copy, display materials, and other brand/marketing materials (collectively, “Materials,” including “Digital Assets”) for use by approved B2B partners.

  • Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Materials solely to market, advertise, and resell genuine Red Apple® products obtained from Red Apple Fireworks® and only during the term of your authorized B2B relationship.
  • Brand Integrity Requirements: You may not alter, edit, crop (in a misleading way), distort, watermark, remove trademarks, remove copyright notices, or otherwise modify the Materials in a manner that misrepresents the product or Red Apple Fireworks®. You may resize or format Materials as necessary for your medium so long as the content is not misleading and all trademarks/copyright notices remain intact where reasonably practicable.
  • No Implied Endorsement: You may not state or imply that Red Apple Fireworks® endorses your business, pricing, or services, except that you may accurately state that you are an authorized reseller/wholesale customer if applicable.
  • Ownership: All Materials remain the exclusive property of Red Apple Fireworks® and/or its licensors. No ownership rights are transferred to you.
  • Revocation; Removal Upon Termination: Red Apple Fireworks® may revoke this license at any time. Upon termination of your B2B relationship (or upon our written request), you must promptly cease all use of the Materials and remove them from your websites, listings, advertisements, and promotional channels.

8. RETAIL DISPLAY & SAFETY STANDARDS

B2B buyers who operate retail locations (including temporary stands, tents, or seasonal locations) agree to adhere to the following standards:

  • Fire Code Compliance: All products must be stored, handled, and displayed in accordance with NFPA 1124 and all applicable federal, state, and local fire codes, rules, and permitting requirements.
  • Product Integrity & Units of Measure (UOM): Products must be sold in their original, unopened packaging and in the unit(s) of measure as packaged by Red Apple®. You may only break down sets, assortments, “samplers,” or multi-packs into individual units when the product is specifically designed by Red Apple® for that purpose and is clearly labeled and barcoded for individual unit sale.
  • Labeling & Safety Instructions: You must not obscure, remove, or cover any cautionary labeling, instructions, lot codes, or compliance markings on Red Apple® products. You agree to provide end-consumers with necessary safety information and only market products consistent with their labeling and intended use.
  • No Repackaging / No Comingling: You may not repackage products, rewrap items, or combine products from different items/sets into new bundles without Red Apple Fireworks®’ prior written approval.

9. PRODUCT LIABILITY, RISK ALLOCATION, AND INDEMNIFICATION

Red Apple Fireworks® warrants that, at the time of sale, products are intended to meet applicable U.S. consumer fireworks regulatory requirements, including those administered by the Consumer Product Safety Commission (CPSC) and recognized industry standards such as those published by the American Pyrotechnics Association (APA), where applicable.

  • Buyer Responsibility / Assumption of Risk: Fireworks are inherently dangerous. The buyer assumes all risk and liability for the handling, storage, display, transportation, marketing, and use of the products once they leave our facility or control, except to the extent caused by Red Apple Fireworks®’ gross negligence or willful misconduct as determined by a court of competent jurisdiction.
  • Compliance With Law: You are solely responsible for complying with all laws and regulations applicable to your purchase, possession, storage, transportation, display, advertisement, sale, and distribution of fireworks, including age restrictions, permitting, signage, storage requirements, and local bans or restrictions.
  • Indemnification: To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Red Apple Fireworks®, its affiliates, and each of its and their respective owners, officers, directors, managers, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your breach of these Terms or any policy incorporated herein; (ii) your negligence, recklessness, or willful misconduct; (iii) your violation of any law, rule, code, or regulation; (iv) your storage, handling, transportation, display, marketing, labeling, bundling, repackaging, resale, or distribution of the products; and/or (v) acts or omissions of your employees, contractors, agents, customers, or downstream resellers, except to the extent a claim is finally determined to have been caused by Red Apple Fireworks®’ gross negligence or willful misconduct.
  • Control of Defense: Red Apple Fireworks® may, at its option, assume control of the defense of any indemnified claim, and you agree to reasonably cooperate. You may not settle any claim that imposes any obligation or admission on an Indemnified Party without Red Apple Fireworks®’ prior written consent.

10. INTELLECTUAL PROPERTY

All content on this Site, including logos, designs, product names (including Red Apple®, Chroma®, and others), and text, is the exclusive property of Red Apple Fireworks®. Unauthorized use of our trademarks or copyrighted materials is strictly prohibited.

11. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Clark County, Nevada.

12. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remains of the Terms shall otherwise remain in full force and effect.

By proceeding with your purchase or account registration, you acknowledge that you have read, understood, and agreed to these Terms of Service.