In order to become an Authorized Dealer, Please fill out the ENTIRE Dealer Agreement Form below. Please print and complete these pages and Fax or E-mail to Grote Molen Inc.
Exhibit 10.8
Xxxxx Xxxxx Inc.
The WonderMill Company
000 X. Xxxxxxxx Xx.
Pocatello, ID 83201
Phone 000-000-0000
Fax 000-000-0000
xxxxxxx@xxxxxxxxxxxxx.xxx
xxx.xxxxxxxxxxxxx.xxx
How to Become an Authorized Dealer
In order to become an Authorized Dealer,
Please fill out the ENTIRE Dealer Agreement Form below.
Please print and complete these pages and
Fax or E-mail to Xxxxx Xxxxx Inc.
Store Information:
(This information will be displayed on our website)
Store Name Big John’s LLC
Telephone (000) 000-0000 or (_____) _____- _________
Street 000 X. Xxxxxxxx Xx
City Pocatello State Idaho
Zip Code 83201 Country if not USA ___________________
Web Address xxx.xxxxxxxxxxxx.xxx
(Put information you want customer to see and to be directed to)
Account Information:
Contact Name Xxxx Xxxxxx
Telephone (000) 000-0000 or (_____) _____-__________
Contact’s Email Address xxxxxxxx@xxxxx.xxx
State Tax ID # ___________________________________________
Employer ID # (EIN) ______________________________________
Shipping Information:
Ship-to Name Same
Street _________________________________________________
City ____________________________ State __________________
Zip Code ____________ Country if not USA ___________________
Page 1 of 5
Credit Card Authorization
I _____________________________________, hereby authorize Xxxxx Xxxxx Inc. to charge my credit card account in the amount due for product and services.
( ) VISA ( ) MASTERCARD ( ) AMERICAN EXPRESS ( ) DISCOVER
Credit Card Number _______________________________________________
Expiration Date _______ / ________ CVV Code ________________________
Credit Card Billing Address:
Street ___________________________________________________________
City ____________________________________ State ___________________
Zip Code ________________ Country if not USA ______________________
Telephone (______) _______-__________ or (______) _______-___________
Date___/___/___
Cardholders Signature ____________________________________________
As the credit card holder, I also authorize Xxxxx Xxxxx Inc. to charge my credit card for future purchases verbally approved by me or by PO number signed by me.
Authorization valid until ______ / ______ Initials Here __________________
Your completion of this authorization form helps us to protect you, our valued customers, from credit card fraud. Xxxxx Xxxxx Inc. will keep all information on this form strictly confidential.
Page 2 of 5
I understand and agree to the following terms and conditions:
Authorized Dealer Status
Only Authorized Xxxxx Xxxxx Inc. dealers are allowed to sell Xxxxx Xxxxx products to consumers located within the United States and Canada market. A dealer is deemed to be an Authorized Xxxxx Xxxxx Dealer when they have met the criteria for becoming a Xxxxx Xxxxx dealer, have established an account with Xxxxx Xxxxx, have purchased product directly from Xxxxx Xxxxx and continue to abide by the guidelines outlined in this policy. To maintain Authorized dealer status dealers must purchase a minimum of $500.00 in Xxxxx Xxxxx products yearly.
MINIMUM ADVERTISED PRICE (MAP)
All Xxxxx Xxxxx Inc. products have a published Minimum Advertised Price (MAP) which is outlined on the AUTHORIZED DEALER PRICE LIST.
·
A Xxxxx Xxxxx product may only be ADVERTISED at or above this MAP price. Any retailer who advertises a related product for sale below the MAP, at a "call for price", "click for lower price", “enter your e-mail for lower price”, or any similar offering, or who represent this visually with a line through the MAP, will be in violation of this policy.
·
This policy only pertains to advertising of Xxxxx Xxxxx Inc. products as they relate to the MAP and in no way restricts or is associated to the actual sale of the item. This policy is applicable to all forms of advertising, including but not exclusive to newspapers, catalogs, mailings, internet and any other electronic media.
·
The advertising of any coupon or additional discount offerings (applied to the immediate or future sale) is considered to be part of the advertisement of the product. If the advertised coupon or discount offering brings the value of the Xxxxx Xxxxx Inc. product below the MAP, this will be deemed in violation of the policy, irregardless of whether they are directly associated to the Xxxxx Xxxxx product or provide a blanket discount for all products within a store, catalog or internet site.
·
The offering of FREE Xxxxx Xxxxx Inc. product accessories is allowed as long as the MAP of the combined offering is not lower than the sum of the MAP of the Xxxxx Xxxxx product and the Xxxxx Xxxxx accessory added together. If the sum is below the combined MAP of the products, it will deem to be a violation of the policy.
·
Bundling a Xxxxx Xxxxx Inc. product with a non-Xxxxx Xxxxx product of any kind will be deemed in violation of this policy. The only exceptions will be authorized value added promotions that are initiated by Xxxxx Xxxxx, or advertisements approved and specifically authorized by Xxxxx Xxxxx If you want to bundle something with a Xxxxx Xxxxx product you must get it approved first. Please submit requests by email or Fax (000-000-0000)
·
Dealers who provide Xxxxx Xxxxx Inc. products to resellers are responsible for ensuring that the resellers’ pricing coincides with MAP policy. Dealers who continue to provide products to resellers known to disregard MAP policy will be considered in violation.
Page 3 of 5
·
Failure to abide by the MAP policy will result in revocation of Dealer status. Xxxxx Xxxxx Inc. will not do business with dealers who diminish the image of Xxxxx Xxxxx and its products. Xxxxx Xxxxx is not required to provide prior notice or to issue warnings before taking action for breach of this policy.
·
In regards to trademarks, trade names and logos, Dealer acknowledges that all Xxxxx Xxxxx Inc trademarks are property and Xxxxx Xxxxx has the sole and exclusive right to determine how such trademarks are used by Dealer. If this agreement is terminated, Dealer shall immediately discontinue use of all trademarks, trade names and logos of Xxxxx Xxxxx for any purpose.
Distribution Rights
It is Xxxxx Xxxxx Inc.’s policy that authorized dealers sell to consumers only and not to other dealers, retailers (store-front or Internet based), wholesalers, distributors, or exporters, or anyone who has the intention of reselling the product. Xxxxx Xxxxx reserves the right to offer specific products on a global basis and determine which Xxxxx Xxxxx products will be sold in the U.S. market. If an authorized dealer purchases Xxxxx Xxxxx products that have not been authorized for the U.S market, and attempts to offer them for sale, they will be deemed to be in violation of this policy Xxxxx Xxxxx reserves the right to offer specific product lines to different channels of distribution and not offer the complete product offering to all customers as it deems appropriate.
Auctions
Any authorized dealer who sells Xxxxx Xxxxx Inc. products on, or associates Xxxxx Xxxxx with, any open auction sites without specific permission (E-Bay as an example) will be in violation of this policy. If you desire to advertise on any open auction forum please submit a request by email or Fax (000-000-0000). This includes discontinued product that is new and has not been previously sold. Additionally, selling Xxxxx Xxxxx products to any individuals or companies that resell these products on any open auction site will be a violation of this policy.
Page 4 of 5
Xxxxx Xxxxx Inc. may, in its sole discretion, terminate the business relationship and discontinue supply of products to any dealer deemed to be in violation of these policies.
This Dealer Agreement and Policies constitutes the entire agreement between the Dealer and Xxxxx Xxxxx Inc., and no other promise, offer, representation, agreement or understanding of any kind shall be binding on Xxxxx Xxxxx Inc., unless made in writing and signed by an authorized officer of Xxxxx Xxxxx Inc.
This Agreement shall be governed by the State of Idaho.
By signing below, I agree to all provisions within this Dealer Agreement, including the Minimum Advertised Pricing Policy, and all other policies listed.
This Dealer Agreement will be effective only upon acceptance by Xxxxx Xxxxx Inc.
Date 5/7/2006
Name Xxxx Xxxxxx
Business Name Big Xxxxx
Address 000 X. Xxxxxxxx Xx
City Pocatello State Idaho Zip 83201
Signature /s/ Xxxx Xxxxxx Date ___________
(Authorized company Principal)
Printed Name / Title Xxxx Xxxxxx - Owner Phone 000 000-0000
Company Website URL(s) xxx.xxxxxxxxxxxx.xxx
--------------------------Do Not Write Below Dotted Line--------------------------
Date Accepted 5/10/06 Dealer account # Big Xxxxx
Signature Xxxx Xxxxxx Title CEO
Notes ___________________________________________________________
_________________________________________________________________
_________________________________________________________________
Page 5 of 5
