Terms and Conditions:
Dealer Terms of Agreement
This application shall not be deemed accepted by Best Bath Systems, Inc. and thus is not binding on the parties hereto, until this application shall have been duly executed and approved by an authorized officer of Best Bath Systems.
The relationship between Best Bath Systems and Applicant shall be solely that of independent distributor. Applicant shall have no right or authority to create any obligation of any kind on behalf of BBS or on behalf of any of BBS’s suppliers. BBS and Applicant expressly intend that the Applicant shall be an independent contractor and nothing contained herein or stemming from the operation hereof, shall be deemed or construed to create the relationship of employer and employee.
Upon acceptance of this application, BBS appoints Applicant as its nonexclusive retail distributor for the sale of BBS products at retail or wholesale only, in accordance with the prices and discounts as set forth in BBS current price and dealer’s discount schedule. This schedule is subject to change by BBS with or without notice at any time, and such change or changes shall not apply to any order unfilled in whole or in part at the time of such change. Nothing herein shall grant or convey to Applicant exclusive selling rights or privileges, however, no Applicant shall solicit sales, advertise, market, or make deliveries by methods which may be in any way be prejudicial or unfair to any other BBS dealer or representative. Applicant agrees to use its best efforts to diligently develop demand for the BBS products and to solicit purchases, thereof, so as to increase the volume of the sale of the BBS products in accordance with prevailing market conditions.
All BBS advertising, promotional or other marketing materials are the sole property of BBS and can be used as necessary or desired as long as the dealer account is current and in good standing. All such advertising and materials shall be ethical and shall conform to the laws of the State of Idaho and any other state in which the product is marketed, and of the United States, and shall be in contemporary good taste, accurate, truthful and in no way misleading. No such plans and materials shall place BBS or their employees, representatives, or dealers in a false light or in any way be disparaging to the same.
This agreement shall become effective once the Applicant has been accepted as a BBS dealer and shall continue in force until terminated by either party. This agreement may be terminated at any time by either party by written notice to the other, but such termination shall in no way affect the obligations of the parties on orders therefore acquired by BBS.
On termination of this agreement, Applicant will remove and not thereafter use any sign containing any trade name, logo, or trademark of BBS, and will immediately destroy all stationery, advertising matter and other printed manner in its possession or under its control containing such name, or any of BBS trademarks, trade names or logos. Applicant will not at any time after the termination use or permit any such trademark, trade name or logo to be used in any manner in connection with any business conducted by its or in which it may have an interest, or otherwise whatsoever as descriptive of or referring to anything other than merchandise or products of BBS. Regardless of the cause of termination, Applicant will immediately take all appropriate steps to remove and cancel its listing in telephone books, and other directories, and public records, or elsewhere that contain the BBS name, logo, or trademark. If Applicant fails to obtain such removals or cancellations promptly, BBS may make application for such removals or cancellations on behalf of Applicant and in Applicant’s name and in such event Applicant will render assistance.
This agreement may be modified only by a further writing that is duly executed by both parties.
By submitting this application you agree to the terms of this agreement.
January 1, 2009