April 1, 2000 Store Number _____________
SUPPLEMENT TO ACE HARDWARE MEMBERSHIP AGREEMENT
1. The Member agrees that this Supplement amends the Member's current
version of the Ace Hardware Membership Agreement in the following respects:
New paragraphs Text of new paragraphs
added
Article II "16. Restrictions on the Manufacture and Sale of
Paragraph 16. Private Label Products. The Member shall not enter into
any arrangements for the production or distribution of its
own private label goods that involve the use of any
registered or unregistered trademarks of the Company in
connection therewith, nor shall the Member make any
references whatsoever to the Member's affiliation with the
Company in connection with the labeling, promotion or sale
of any such goods. In connection with the Member's resale
of authentic private label goods which were purchased
directly or indirectly from the Company and which bear the
registered or unregistered trademarks of the Company, the
Member shall refrain at all times from directly or
indirectly assisting any third party in misrepresenting to
the public that such party is a Company-authorized
distribution outlet for such goods or a licensee of the
Company.
Article III "8. Advertising Former Relationship to Company. Upon the
Paragraph 8. termination of this Agreement, the Member agrees to make
no reference to the Member's former relationship with the
Company in the advertising or promotion of the Member's
business. The provisions of this Article III, Paragraph
8. shall survive the termination of this Agreement."
New sentences Text of new sentences
added
At the end of "The Member understands that the Board of Directors of the
Article II Company reserves the right to change advertising
Paragraph 3. assessments from time to time and in the event that there
are different advertising assessments imposed for the DIY
Retail format and the Ace Contractor Center or other
format and the Member is operating the licensed location
under more than one such format, then the higher
applicable assessment shall be imposed."
At the end of "The Member understands that the Board of Directors of the
Article II Company reserves the right to change minimum purchase
Paragraph 10. level requirements from time to time, and in the event
that there are different levels of low volume service
charges or minimum purchase requirements imposed for the
DIY Retail format and the Ace Contractor Center or other
format and the Member is operating the licensed location
under more than one such format, then the higher
applicable level of low volume service charges or minimum
purchase requirements, as the case may be, shall be
imposed.
New phrases Text of new phrases
added
In Article II "and domain name registrations"
Paragraph 5.
line 14
immediately
following the
word "entities"
2. The Member agrees with the Company's designation of format(s) for the
licensed location identified in the Membership Agreement as follows:
___ DIY Retail ___ Ace Contractor Center ___ Both ___ Other__________
3. Except as specifically modified by this Supplement, all of the terms
and conditions of the Company's current form Membership Agreement signed by
the Member remain in full force and effect.
IN WITNESS WHEREOF, this Supplement has been executed on this
day of , 20 by the person(s) signing
it for the Member, whose authority to sign shall be deemed to have been
duly authorized by the Member.
_______________________________________________________
Business Name
_______________________________________________________
Trading Name: D/B/A
_______________________________________________________
Signature(s) of Member
_______________________________________________________
_______________________________________________________
_______________________________________________________
(If the Member is a corporation, the corporate name
should be written hereon followed by the name and title
of an appropriate officer. If the member is a
partnership, the partnership name should be written
hereon followed by the signatures of all partners.)
ACCEPTED for Ace Hardware Corporation
at Oak Brook, Illinois this __________________ day
of ________________________ , 20________
By:___________________________________
___________________________________
(Title of Officer)
