This Agreement and the terms herein shall be valid until replaced by an updated version.
RESPONSIBILITES OF DEALER/DISTRIBUTOR
- The Dealer/Distributor represents the interest of John G Taylor, LLC (Hereafter called John G Taylor) and at no time misrepresents its products and services to any third party.
- The Dealer/Distributor will not engage in selling practices which misrepresent any aspect of the products or services offered by John G Taylor or which unfairly mislead or induce an unwilling customer to make a purchase, or which are otherwise irresponsible or not sanctioned by John G Taylor or the Manufacturer.
- The Dealer/Distributor will implement good customer service in accordance with the sales policies of John G Taylor.
- The Dealer/Distributor does not bind itself to annual minimum sales/purchasing levels in exchange for wholesale pricing and services associated with that predetermined sales/purchasing level. Because pricing discounts are based on quantity, only whole cartons may be returned to John G Taylor and the refund will be based on the quantity of the dealer’s normal discounted purchase after the return of the items. [Example: Dealer buys two cartons for two-carton discount. The dealer returns one carton. The credit will be refunded as if the dealer had bought one carton.]
- Upon request from the Dealer/Distributor, additional volume pricing discounts will be evaluated on a case-by-case basis and quoted by John G Taylor for that specific product request. The Dealer/Distributor will refrain from disclosing or in any way reveal, directly or indirectly, to any person or entity, details or other information contained in these terms and conditions (including pricing) between John G Taylor and the Dealer/Distributor.
- The Dealer/Distributor will abide by all governmental regulations in relation to the Dealer/Distributor regular business performance. (i.e., taxes, licenses, permits, etc.).
- The Dealer/Distributor operates itself as an independent contractor and is not in partnership with John G Taylor. No right has been given to the Dealer/Distributor to enter into any agreement or commitment in the name or behalf of John G Taylor or to bind John G Taylor, In any respect whatsoever. Neither shall anything contained herein or done in pursuance hereof, constitute the parties as legal representatives of the other for any purpose whatsoever.
- There exists no employer-employee relationship between John G Taylor and the Dealer/Distributor. Hence the Dealer/Distributor, its agents and employees shall under no circumstances be considered as employees, agents, and representatives, of John G Taylor, LLC, Neither shall the Dealer/Distributor make any representation, guarantee or warranty with respect to a John G Taylor product or service that is not sanctioned by John G Taylor or the product Manufacturer.
- John G Taylor shall not be responsible for any negligence or default of the Dealer/Distributor, its agents and employees, and will keep John G Taylor indemnified against the same and all actions, proceedings, claims, demands, and expenses in relation hereto.
- The Dealer/Distributor may agree with and is entitled to receive purchase incentives based on reaching specific quantity levels of products ordered during the valid Agreement period.
- The incentives will be based on increased discount percentages and product promotions given for future product purchases up to a maximum discount level predetermined by John G Taylor.
- John G Taylor does conduct direct e-commerce sales on the John G Taylor website (www.MusicSorbOnLine.com) and retains the right to market all products and services to the public through other online outlets not directly linked to or associated with its corporate, commercial and dealer/distributor website.
ADVERTISEMENT AND PROMOTION
- John G Taylor shall provide sales materials and product samples to the extent possible, to support the sales of its products and services.
- The Dealer shall not publish any advertisement or editorial which may mislead or deceive the public, or may be detrimental to the good name, trademark, logo, goodwill, or reputation of John G Taylor, or product Manufacturers.
- Any advertisement or promotional efforts using the name, trademark logo, images, or videos of John G Taylor must have the prior approval of John G Taylor.
- John G Taylor may unilaterally terminate this Agreement and resulting business relationship if the Dealer/Distributor violates any of the terms and conditions of this Agreement, changes the ownership or management of its business, engages in any unfair or unethical trade practices, or commits any fraudulent act.
- Upon termination of this Agreement, the Dealer/Distributor ceases immediately to represent, display, advertise, or promote any association with John G Taylor or its products.
- Terms, pricing, product offerings and services may be amended without prior notice to the Dealer/Distributor at the discretion of John G Taylor or its Manufacturers due to production costs, market conditions, or other industry related influences.
- Any amendment, altercation or modification of this Agreement shall be made known to the Dealer/Distributor within ten (10) business days and will remain valid and binding unless and until the Dealer/Distributor rejects or terminates the amended contract in writing.
- This agreement shall be construed and interpreted under the Laws governing the State of Kansas.
- All legal actions and proceedings arising out of this Contract shall be brought to the jurisdiction of proper Kansas courts to be determined at the discretion of John G Taylor and its legal counsel.