Dealer Obligations Sample Clauses

Dealer Obligations. A. DEALER shall use its best efforts to solicit or provide CONTRACTS to CONTRACT HOLDERS, to be administered by COMPANY, and shall do so only on forms which have been approved by COMPANY. Each approved CONTRACT shall be sold or provided only for a qualified unit and only in accordance with and subject to COMPANY’s programs, coverages, rules and fees indicated as the cost on COMPANY’s current rate card in effect at the time such CONTRACT is sold or provided. DEALER agrees it shall not make any representations altering, varying, or contrary to the express provisions contained within the CONTRACT. COMPANY may at any time revise its programs, coverages, rules and fees, and DEALER shall promptly conform to any such revisions. COMPANY shall not be obligated to perform administrative services with respect to any CONTRACT sold or provided by DEALER on a form which has not been approved by COMPANY or the use of which has been discontinued by COMPANY or is otherwise sold or provided in violation of this AGREEMENT. DEALER acknowledges that the PROGRAM has been developed by COMPANY, and that DEALER has been authorized to use the PROGRAM’s trade names, promotional material, CONTRACT forms and proprietary procedures associated therewith only during the term of this AGREEMENT. At the termination of this AGREEMENT, DEALER shall return all such materials and CONTRACT forms to COMPANY and shall not continue to use the PROGRAM’s trade names, forms, or proprietary procedures. B. DEALER shall, as promptly as possible following the sale or provision by DEALER of each CONTRACT, but no later than thirty (30) days after such sale or provision, remit to COMPANY completed copies of CONTRACTS together with the net dealer cost for such CONTRACTS as set forth in the most recent dealer rate schedule provided to DEALER by COMPANY. DEALER shall hold amounts payable to COMPANY in a fiduciary capacity and as a trustee for COMPANY. Neither COMPANY nor insurance carrier shall have any obligation to DEALER or CONTRACT HOLDER with respect to any CONTRACT until DEALER shall have timely remitted to COMPANY the full amount of the net dealer cost as provided in this paragraph. The dealer rate schedule shall include both insurance premiums and administration fees. The administration fee shall be retained by COMPANY; the insurance premiums shall be forwarded to the insurance carrier. The rate schedule may be periodically adjusted by COMPANY and any adjustments shall take effect thirty (30) days after...

Dealer Obligations. 2.1 The Dealer is registered to sell the products (“Products”) listed on the JAC website (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) to owners and operators. Dealer may sell an uninstalled product to another registered JAC dealer upon JAC approval. Any other sales of uninstalled product must be approved in writing by JAC in advance of sale. 2.2 JAC dealerships are awarded based on specific location of a particular shop or company. A shop or company which operates from more than one location (satellite facilities) is only registered to sell, service, and install JAC products from the specific location/facility registered as a dealer. Satellite facilities must apply for and receive dealership approval on an individual basis before they are registered to sell, service, or install JAC products. 2.3 The Dealer agrees that all systems and/or equipment purchased from JAC will be installed at the Dealer’s facility as approved and assigned by JAC or under the direct supervision of the Dealer, who will be responsible for certifying the installation. 2.4 Equipment repair shall be performed by the factory or registered repair organizations only. 2.5 Dealers shall provide a current and valid FAA Repair Station Certificate (14 CFR Part 145) (or alternative national equivalent) with authorizations required to lawfully perform the services under this agreement. Additionally, Dealer must have under its control all specialized tooling and test equipment required to perform the services under this agreement. 2.6 Dealer agrees that product installations and work shall be performed in accordance with all local government and federal regulatory requirements. Dealer shall install all Products sold to end users where installation is required. Dealer shall comply with all current preparation and installation instructions that pertain to Products. Dealer shall familiarize customer with the warranty in accordance with the warranty requirements. Dealer shall use all commercially reasonable efforts to assist customer in making and resolving a warranty claim pursuant to the terms of the warranty. JAC accepts no obligation of any kind whatsoever in relation to any installation warranty given or offered by Dealer. Dealer agrees that it will not make any representations, warranties, or guarantees regarding the specifications, features, capabilities, or any other characteristic of the Product other than those contained in the latest written literature provided by JAC, or as required by any governmental law,...

Dealer Obligations. A. Dealer shall use and observe the highest standards of honesty, integrity and fair dealing.

Dealer Obligations. 4.1. Dealer will use its best efforts to promote sales of Products so as to create the largest volume of profitable business commensurate with the opportunities therefor within the framework of this Agreement, and will maintain adequate facilities, inventory, and sales personnel to achieve the maximum sales potential of Products. 4.2. Dealer will at all times maintain its retail establishment(s) (including, but not limited to, the image of such establishement(s)) and its display of Products in a manner satisfactory to QS in its subjective discretion. QS or its agents or representatives will have the right during business hours to inspect Dealer’s retail establishment. Dealer will at all times comply with QS’s reasonable requests regarding the sales, promotion, display, and merchandising of Products and the maintenance and promotion of the image of the QS brand. 4.3. Dealer will pay for Products pursuant to the terms agreed by the parties. Dealer must pay for all orders prior to shipment unless QS, in its sole discretion, has extended credit terms. If QS extends credit terms to Dealer on open account, Dealer will timely pay the entire amount of QS’s invoice according to such terms. If Dealer fails to pay QS’s entire invoice when due, Dealer will pay interest on any delinquent unpaid balance at one and one-half percent (1 ½ %) per month simple interest. Dealer will continually comply with all of the specific credit terms in effect for Dealer, as well as all general terms in QS’s shipping, sales and credit documents. 4.4. From time to time, upon QS’s request, Dealer will promptly provide to QS supporting documentation for information supplied by Dealer on Dealer’s NACA, and updated financial and credit information. 4.5. Dealer will notify QS in writing immediately upon a change in the ownership or control of Dealer. For purposes of this Agreement, a change in ownership or control of Dealer will be deemed to have occurred upon the change in ownership or control of a thirty percent (30%) or greater interest in Dealer. 4.6. Upon QS’s request, Dealer will provide QS with such written personal guarantees or other security as QS may require. A guarantor will remain obligated on a guarantee until released by QS in writing. 4.7. If any information supplied by Dealer on Dealer’s NACA should materially change while this Agreement is in effect, Dealer will promptly provide QS with such changed information. 4.8. Dealer will not alter or remove from any Products any label...

Dealer Obligations. During the Term of this Agreement, each Party, when acting as a Dealer hereunder, agrees that it will: 4.1.1 Comply at all times with Applicable Law, the other Party’s Policies and Procedures, including the requirement to collect all Customer Materials, and obtaining all Licensing Requirements to perform Dealer services in the Territory. 4.1.2 Conduct its business and represent the other Party in a professional, ethical, legal and businesslike manner in such a manner that its actions or the actions of its personnel will not jeopardize such other Party’s relationships with their communities of operation and with their Customers and Prospective Customers. 4.1.3 Comply at all times with the terms of any agreement between the other Party and its Financing Partners, to the extent that such terms have been communicated by such other Party, as applicable. 4.1.4 Provide, for each Representative in writing, to the other Party the (i) full name, (ii) email address, and (iii) sales office, prior to allowing such Representative to perform any Dealer services on behalf of such Party. Confidential 5 A&R Sales Dealer Agreement (Vivint Solar Developer, LLC – Vivint, Inc.) 4.1.5 Require each Representative to provide personal identifying information to the other Party, in writing, including but not limited to the Representative’s; (i) full name, (ii) physical address, (iii) primary and secondary email address, (iv) date of birth, (v) telephone number, (vi) location of specific Dealer office, and (vii) any other information required to register the Representative with the other Party and its Financing Partner’s, prior to allowing such Representative to perform any Dealer services on behalf of such other Party. 4.1.6 Require each Representative to submit a background check authorization to the other Party (the form of such authorization to be provided by such other Party) prior to allowing such Representative to perform any Dealer services on behalf thereof. 4.1.7 Not permit its Representatives to perform Dealer services on behalf of the other Party until such other Party has, in its sole discretion, determined the fitness and eligibility of each such Representative to render Dealer services on its behalf. 4.1.8 Require each of its Representatives to: (i) comply with the Licensing Requirements; (ii) correctly identify themselves as employees of the Party acting as Dealer and never as an agent or contractor of the other Party; (iii) be trained on the terms and requirements of...

Dealer Obligations. 9.01. DEALER shall not offer the PRODUCTS for sale at any location outside the Territory as defined in Section 3, unless COMPANY in writing has first approved the proposed location. 9.02. DEALER warrants and represents that it has the capacity to sell the PRODUCTS, and agrees to use its best efforts to ▇▇▇▇▇▇, promote and maintain an efficient, 9.03. DEALER shall use its best efforts to actively and aggressively market, advertise, and promote the distribution, sales, and use of the COMPANY PRODUCTS in the territory assigned herein to DEALER, and to provide customer services with respect to the PRODUCTS. 9.04. ▇▇▇▇▇▇ agrees to abide by the credit policies and credit standards established by COMPANY from time to time at COMPANY's sole discretion. 9.5. DEALER shall advise COMPANY promptly concerning any information that may come to its attention as to changes, complaints, or claims about COMPANY or the PRODUCTS by customers or other persons. 9.6. All costs and expenses incurred by DEALER in the performance of this Agreement, including without limitation, rentals, salaries, commissions, taxes, licenses, permits, telephone and telegraph services, promotional efforts, advertising and travel, shall be 9.7. ▇▇▇▇▇▇ agrees to comply with all applicable federal, state and local laws and regulations in performing its duties and activities hereunder, including without limitations all laws and regulations with regard to warranties. 9.8. DEALER agrees to promote the goodwill and name of COMPANY and to do everything within its capacity to further the interests of COMPANY. DEALER shall conduct its operations in a manner that will not adversely affect the high image, credibility and reputation of COMPANY and/or the PRODUCTS. 9.9. Subject to applicable law, COMPANY shall have the right to impose performance standards other and different from those set forth herein at any time in its sole and exclusive discretion.

Dealer Obligations. 3.1 The Dealer shall obtain all the necessary business licenses, permits and approvals from the relevant authorities before commencement of the dealership and thereafter, the Dealer shall: i. Promote and sell the Products to consumers in accordance to the pricing structure, guidelines and instructions provided by XOX. ii. Not make any representations, warranties or guarantees with respect to the Products, except as expressly authorized by XOX or as contained in terms and conditions of sale. iii. In all correspondences, documents, name cards and other signage at the Dealer’s Outlet, describe themselves as XOX Authorized Dealer only. iv. Maintain and support the Subscribers on matters pertaining to the Products, teach Subscribers on how to use the Products in accordance with the procedures or guidelines as stipulated. v. Carry out such POSM and promotional activities at the Dealer’s Outlet as directed by XOX from time to time. vi. Be responsible to help Subscribers to top-up XOX recharge vouchers accurately and fully indemnify XOX against all liabilities or losses whatsoever arising and to comply to all the guidelines and instructions issued by XOX from time to time on all types of reloads. vii. Strictly prohibited from selling and/or distributing to unauthorized or Unapproved representatives or channels. Strictly prohibited from using unauthorized or unapproved channels to top up for Subscribers. viii. All orders of Products are subject to availability of the Products. ix. Not to change the physical packaging, product pricing or create own combo pricing of the Products and sell to consumers. x. Not to keep the Products for a long time where such Products have exceeded its expiry dates, especially the recharge vouchers. xi. Strictly adhere to all rules and regulations imposed by the relevant governmental and local authorities. xii. Ensure that none of your shareholders, directors, partners and/or employees are persons connected (as defined in Companies Act 1965) to the directors and/or employees of XOX, unless prior written consent is given. xiii. Ensure Subscriber registration form is sent or returned to XOX within 14 (fourteen) days from the date of the registration is made. xiv. Be responsible and shall refer to the Onesys/OneXapp system for the latest product information, incoming promotions, and latest news from XOX and the Dealer/ Sub dealer training material. xv. Agree that XOX have full rights on all POSM materials. The Dealer is obligated contractua...

Dealer Obligations. Dealer agrees to comply with the following obligations: a. Dealer agrees to use the Company’s trademarks and trade names (the “Marks”) in a reasonable manner and will do nothing that will impugn or damage the Marks. Moreover, Dealer will not use any of the Marks in its legal, trade or business name, or in its internet website URL. b. Dealer agrees to provide the end consumer with all relevant Service Agreements. Moreover, Dealer agrees to assist the end consumer in registering the Service Agreements. All of the Company’s and its affiliates’ warranties on the Products are issued directly to the end user, on the terms of Company or its affiliates’ written warranties in effect from time to time. COMPANY AND ITS AFFILIATES MAKE NO WARRANTY (EXCEPT OF TITLE) TO ANY INTERMEDIARY PURCHASER. c. Dealer agrees to comply with all relevant federal, state and local, laws, rules, regulations, orders, codes and ordinances. Dealer also agrees to maintain all necessary permits, licenses or certifications required by local, state, federal and provincial authorities in connection with the performance of Dealer’s responsibilities under this Agreement. In addition, if Dealer operates within the state of Florida, Dealer shall comply with Florida law regarding sales representatives for service warranty associations or insurers, including, but not limited to, the following (when applicable): licensure, appointment, renewal, continuation, reinstatement, and termination. Pursuant to Regulation 5- 1-12, Volume 3 Colorado Code of Regulations 702-5, Section 5, if Dealers sells a Service Agreement in Colorado, Dealer agrees to provide all services promised to the holder of that Service Agreement whether or not Company becomes bankrupt or otherwise ceases to function in the manner anticipated by this Agreement or the Service Agreement. d. Dealer agrees to sell, service repair and install all Products in accordance with the instructions of Company’s affiliates e. Dealer agrees to ensure that Service Agreement claim submissions are valid and proper. f. Dealer agrees not to remove, disconnect or negate any safety device or features of Products. Dealer agrees not to alter any labels, plates or tags on Products. g. Dealer agrees to allow Company or any Company affiliate to send customer satisfaction surveys to end consumers to understand how their experience could be improved. Company and its affiliates may share the results of these surveys with the Dealer, but not share any information pec...

Dealer Obligations. The amounts and obligations now or hereafter owing to GMAC by any members of the Rush Group under the Wholesale Facility, Other Financing, Retail Financing, and any and all other indebtedness, obligations, or liabilities of each member of the Rush Group whether direct or indirect, liquidated or contingent, are referred to hereinafter as "Dealer Obligations." The Rush Group hereby promises to pay to GMAC all Dealer Obligations promptly on demand, except as may otherwise be set forth in accordance with the express terms and conditions of this Agreement, the Loan Documents and the GMAC Forms (as defined in Section 4.10).