Terms and Conditions

These terms and conditions describe the dealer program and the expectations for businesses participating in it. The highlights of the relationship include:

Relationship Highlights

  • Dealer Status: The Dealer will become an authorized dealer of the Company's branded products and will purchase products from the Company at the applicable dealer discount for resale to customers, combined with the Dealer's installation and service offerings.
  • Training: The Company will make available basic training on products, installation, and maintenance to all Dealer owners and employees at no cost. Training may be in the form of online manuals, instructional videos, or other mutually agreeable formats. The Company will also provide reasonable installation support so that Dealer personnel may obtain assistance when problems arise during installation or thereafter.
  • Official Designation: The Company will assign the applicable designation level based on program requirements.
  • Tools: No special tools are required beyond normal construction tools. No tools are provided by the Company unless otherwise specified.
  • Marketing References: Any Dealer advertising using the Company's trademarks is subject to prior Company approval.
  • Marketing Collateral: The Company will provide a reasonable amount of marketing material so that the Dealer may distribute it to prospective purchasers. Additional collateral or samples may be provided as set forth in the program materials.
  • Mutual Advocacy: The Dealer and the Company agree to act as appropriate advocates of each other's products and services, passing leads and referrals either directly or indirectly where mutually beneficial.
  • Non-Exclusivity: This relationship is non-exclusive. The Company is free to establish reseller and authorized relationships with other parties, and the Dealer is free to represent, resell, and install other products.

Advertised Prices

The Dealer agrees not to advertise the Company's product prices below the Company's established retail prices.

Roles and Responsibilities

Dealer Roles and Responsibilities

  • Maintain a current Confidential Information Agreement on file with the Company for all relevant Dealer personnel.
  • Promote and advocate the appropriate use of the Company's products.
  • Require all Dealer personnel to complete required training programs and any updated or changing requirements.
  • Maintain product warranties: the Company provides products at warranty/dealer discount rates; the Dealer provides installation and service.

Company Roles and Responsibilities

  • Design and conduct optional training programs, including certifications for those who successfully complete the requirements.
  • Promote the Dealer as an authorized dealer on the Company's website, subject to program guidelines.

Termination

Either party may terminate this agreement at any time upon written notice to the other party. Upon termination, the Dealer will immediately cease representing itself as being associated with the Company or using any Company designations, logos, or marks.

The Dealer is an independent contractor and not an employee or agent of the Company for any purpose.

Effective Date

These terms and conditions apply as of the date the dealer application is submitted and accepted by the Company.

Confidential Information Agreement (Summary)

In consideration of the proprietary nature of information disclosed by the Company and its related entities during the period commencing on the date of this agreement and ending upon termination of association plus three (3) years, the Dealer ("Recipient") agrees:

  • To maintain confidential all such information concerning products under development for a period of three (3) years from the date of this agreement or until patent coverage is obtained, whichever comes earlier.
  • Not to use any covered information to the competitive disadvantage of the Company or its related entities during the term of the agreement.

The foregoing restrictions do not apply to information that:

  • Is contained in a printed publication bearing a date prior to the date of this agreement.
  • Becomes publicly known through no wrongful act of the Recipient.
  • Is furnished to others by the Company or its related entities without similar restriction on the receiving party's right to use or disclose.
  • Is known by the Recipient without any confidential restrictions at the time of receipt, or becomes rightfully known without restriction from a source other than the Company or its related entities.
  • Is independently developed by the Recipient, provided that the persons developing it have not had access to information received from the Company or its related entities.
  • Is approved in writing by the Company or its related entities for disclosure.

This agreement binds the Recipient and remains in effect as described.

Portal Acceptance

By selecting the checkbox on the dealer application portal, you confirm that:

  • You acknowledge reading and accepting these dealer program terms and conditions, including the confidentiality obligations described above.
  • You consent to the Company storing and using submitted business information for dealer program management, website listings (subject to your publication consents), support, training, and mutual referrals.
  • You agree to comply with all program rules, including trademark usage guidelines and pricing policies.
  • This is a non-exclusive, independent contractor relationship terminable at will as described.
  • Governing law shall be determined by the Company's primary place of business, without regard to conflict of laws.