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Dealership Program Agreement

By entering our dealership program and signing up as our dealer, you understand and agree to operate your business according to the following terms and conditions, with no exceptions:

Dealership yearly fee
Standard dealership yearly fee is $39, which is waived for the first year. Each new year thereafter, on the anniversary date of your sign-up, your yearly renewal dealership fee will be $39. We reserve the right to amend this fee, as we deem necessary. If we make this fee higher or lower or waive it altogether, we will notify you, usually via e-mail. If you had already paid $39 for the year and this fee increases within the same year, you will not be required to make up the difference for the year you had already paid.

Qualifying yearly order
To activate your dealership and maintain active status for the entire year, you must make a minimum purchase of 3 qualifying products total of your choice, at the same time. This is your qualifying minimum one-time order for the entire year. You are not obligated to purchase more products for the rest of the year to maintain active dealership status. Each new year thereafter, on the anniversary date of your sign-up, you will have to make such minimum qualifying purchase to maintain active dealership status for the entire year, in addition to paying your $39 or other annual dealership fee, unless it's waived. However, if you've been actively involved in business throughout the year prior, by purchasing the average of at least (1) product per month either for personal inventory or to be drop-shipped to any of your customers, you will be exempt from making the minimum qualifying purchase for the new year. In this case only the small annual Dealership fee may apply, as mentioned above.

Qualifying products
These are the products available to you as a dealer at wholesale prices in order to activate your dealership for the entire year. Qualifying products may vary, and are available for both personal inventory and drop-shipment directly to your customers. However, in order to activate your dealership, you must first take stock (personal inventory) of at least 3 of these qualifying products of your choice from the list available. We reserve the right to change these products (add new products, remove existing products, etc.) at anytime and for any reason, and without prior notice to you. Even though you can count on products currently available for distribution, it's possible for us to go out of stock for any model at any given time, or release new products, etc. which affects which products are available for wholesale purchase. When qualifying products change, we will provide you with updated product list, usually via e-mail.

Drop-ship Orders
Drop-ship orders are those that you place on our web site to be shipped directly to your customers. All of our machines are available for drop-shipment directly to your customers. However, drop-ship orders for all machines are available to dealers only AFTER they first qualify (take personal inventory of at least 3 qualifying products, as explained above).

Wholesale price adjustment
We reserve the right to change the wholesale price of our products at anytime for any reason, and without prior notice to you, by adjusting the wholesale discount offered for any product. Even though you can count on stable wholesale prices, as market conditions change and costs to operate business increase over time, so could the wholesale prices be adjusted accordingly. When wholesale prices change, we will provide you with an updated wholesale discount schedule for the product(s) as applicable, usually via e-mail.

In order not to compromise the marketplace and products' integrity, and to maintain competitive product pricing and protect all dealers from unfair practices, we DO NOT allow eBay sales or any other online sales of our products! Unauthorized online sales of our products will result in termination of your dealership, and will leave your customers without product warranty, as we do not honor parts and labor warranty on any products resold online. If you wish to promote our products online, then please consider joining our Affiliate program in addition to or in place of our Dealership program.

You can advertise our products offline in any medium you choose, however BEFORE your advertisement is placed, you must submit it to our office for approval and get it approved first!

Dealer commissions
As a dealer, you are given access to our products at low wholesale prices, so that you could purchase these from us and resell to your customers directly or have us drop-ship the orders to your customers on your behalf, thus building your own business. We expect you to educate yourself sufficiently on our products by referencing various resources available on our web site, so that you could communicate with your customers directly, provide them with necessary information and answer all their questions, take orders, and fulfill these orders either yourself from personal inventory or have us fulfill these orders via drop-shipping. However, we do not expect to speak with your customers to make sales. Such sales would be deemed as company-made sales, with dealer foregoing any dealer commissions in the process. Our contact with your customers should be limited strictly to product support AFTER the purchase has been made. However, on occasion we may get a direct call from your customer who for whatever reason wishes to place an order directly with us. We will still treat such an order as a dealer drop-shipping order, which would generate dealer commission for you, and you will be compensated as follows:

If your customer calls us directly, provides us with your dealer name and/or dealer business name (as we have it registered on file) and wishes to place an order, we will take your customer's order and will fulfill it, after which we will provide you with credit for the difference between the retail price your customer has paid and your wholesale price minus shipping on any product purchased that's available to dealers at wholesale price. This difference is referred to as the dealer commission. If your customer utilizes our trade-in program or 50% OFF discount on the purchase of 2nd unit, your dealer commission will be adjusted accordingly. If your customer purchases any products other than the ones available to dealers at wholesale price - such orders will not generate any dealer commission. Applicable commission fees for product orders resulting from your customers placing such orders directly with us will be paid to you as a dealer once a month, usually at the end of the month, for previous month in which such commissions were generated, via a credit onto your CC if applicable and one is on file, or via PayPal. All dealer commissions accrued will be paid out in the month following the expiration of customer's 30-day trial period, provided the customer has kept the product. In case of product return during customer's 30-day trial period, no dealer commission will be paid for the customer who has returned the order.

Even though we will accept any and all orders coming directly from your customers who call-in their order, we will only pay dealer commissions as described above on a maximum of 3 such orders per year! Any number of such orders received over and above 3 will not generate any dealer commissions. That's why we encourage you to be involved in your business as much as possible and have direct contact with your customers to avoid losing sales!

In order to be eligible for any commissions, a dealer must be in active status at the time the order(s) resulting in commission(s) had been generated and scheduled to be paid out. Active status means dealer has paid their annual dealership fee when applicable and either made a minimum one-time qualifying purchase of 3 products for that year, OR, has actively been involved in business the year prior by purchasing the average of at least (1) product per month for personal inventory or to be drop-shipped directly to his/her customer, thus exempting the dealer from making the minimum one-time qualifying purchase for the current year (see further details above, in sections describing active dealer status and qualification).

Dealer Sales & Warranty Registration
It is your responsibility as our Dealer to register your customers' machines for warranty! We will have record of your customers' purchase for all orders drop-shipped to your customers. However, on those orders fulfilled directly by you from your personal inventory, you agree to provide us with your customers' information, so that these customers are eligible for product warranty. If you do not provide us with your customers' information after the sale, and we do not have a record of their purchase from you, we will not be able to provide them with product warranty, since we will not be able to verify product and confirm the purchase was made through legitimate sales channels. Remember, when shipping the product to you directly for personal inventory, you are the only person of record and we do not have your customers' information. Our warranty could only be transferred from dealer to his/her customer, otherwise it's non-transferrable. That's why it's imperative you contact us after each sale either by phone or email (preferred) with your customers' information so that we can make a connection between you and them and thus transfer the warranty over to them. If this is not done and connection cannot be established, the warranty will be void for the machines sold to your customers. After each sale, please provide us with your customer's full contact info, including: full name; correct shipping address; phone#; email address; Make, Model and Serial# of the machine(s) they purchased from you. This could be done quickly and easily from the Support section of our web site, where you can submit your customer's information to the appropriate dept. via the support ticket, or just email it to us!

Product returns and order cancellations
Qualifying first order (initial 3 units of your choice), and all subsequent dealer orders, whether for personal inventory and/or to be drop-shipped to customers, can only be returned to company for exchange or replacement, if mechanical defect is found. We will replace the defective merchandize within 30 days of sale, or will repair it per our 3-year parts and labor warranty after the 30-day period expires. There are NO cancellations for any dealer orders, whether for personal inventory and/or to be drop-shipped to customers, after such an order has been placed, with no exceptions.

Customer returns
You are free to set the conditions of a sale with your customers, which include your order cancellation and return policy. We strongly recommend offering your customers a fair and sufficient trial period to test out the product(s), during which time they can return the product(s) to you. However, you can offer no return policy to your customers or you can allow a return within any timeframe you choose. Should any of your customers elect to cancel the order or return the product to you during your cancellation/return policy time period, you agree to take the product back from your customer and honor your return guarantee. This goes for all orders whether you sell the product directly to your customer from personal inventory or have us drop-ship the product(s) directly to your customers. Either way, the product must be returned directly to you in case of any returns for refund and you should instruct your customer accordingly, and refund their purchase as such. Should your customer send the product back to us for any reason other than authorized repair, it will be forwarded to you, and you will be responsible for the shipping charge.

Dealership Cancellation/Suspension
You can cancel or deactivate your dealership at anytime and for any reason by providing us with such intent in writing, via e-mail or mail. Once you have received our written confirmation via e-mail or mail, as of that point your dealership has been cancelled or deactivated. We can also cancel or deactivate your dealership at anytime and for any reason by providing you with such intent in writing, via e-mail or mail. The day such notice is sent to you is considered cancellation day, whether you receive such notice or not. That's why it's important that you help us keep accurate records and update your contact information accordingly if it changes.

If you do not renew your dealership yearly on the anniversary date by paying $39 or other set annual renewal fee at that time whenever applicable, your dealership will be suspended automatically for the year it has not been renewed. You will have a period of 3 months from that date to reactivate your dealership, otherwise it will be cancelled and you will have to register again in the future, and go through the application approval and then qualifying process by making the minimum purchase for the year. Upon paying the annual dealership fee when applicable, if you do not place a minimum qualifying order for the year, or if you have not actively been involved in business the year prior by purchasing the average of at least (1) product per month for personal inventory or to be drop-shipped to your customers, your dealership will NOT be activated and you will NOT be able to purchase products at wholesale cost. In this situation you will be listed as inactive dealer, and you will have a period of 3 months from the anniversary date to activate your dealership for the year by placing the minimum qualifying order, otherwise your dealership will be cancelled and annual dealership fee paid will not be refunded. You will then have to register again in the future, and go through the application approval and then qualifying process by making the minimum purchase for the year


Operating your business
As an active independent business owner, we expect you to operate your business professionally, according to and complying with all of the laws of your city and state. You are responsible for obtaining a business license and/or sales permit if one is necessary in the city and state where you will be conducting business. You may have to charge Sales Tax on all local sales and report your earnings to the state and/or IRS, and comply with relevant tax laws of your state. If you're not sure how to set-up and/or conduct your business properly, we recommend you seek counsel of a qualified professional.

As with every business, having liability insurance is a must, which will protect you against or in case of certain lawsuits and other legal situations while you're conducting your business activities. Besides liability insurance, you may need other forms of insurance. Please consult a local insurance professional for advice and to obtain proper coverage, as you are solely responsible for any and all activities of your business!

Product claims
Do NOT make claims about our products, which are not true or cannot be supported! Understand that our products are NOT medical devices, and are NOT intended to treat or cure any disease or medical condition, and we cannot and do not claim that they do! Our air purifiers are designed to clean the air only, and improvement in health many people are experiencing with the use of our products may or may not be related to the air purifier.

Trademarks, Trade Names & Patents, Copyrighted Materials
You hereby recognize our sole right of ownership of all Trademarks, Trade Names, Patents, and Copyrighted Materials associated with our business and this Dealership program. You will act consistently with these rights and act to preserve them in the course of marketing and sales of our products. We grant you limited and temporary right (as long as you remain an active dealer) to our Trademarks, Trade Names, Patents, and Copyrighted Materials in connection with marketing and sales of our products.

This agreement may be modified
We reserve the right to change any of the terms and conditions in this agreement, at any time and in our sole discretion, by posting a new agreement on our web site.

Acceptance into our Dealership program
We reserve the right NOT to accept your application for any reason whatsoever, with or without any explanation to you, and without incurring any liability for such action. Regardless of your acceptance into our Dealership program, we may terminate this Agreement for any reason, at any time.

Dissemination of privileged information
You agree that any and all information, training, materials and any other data that may be provided to you while you are an active dealer remains our property and is licensed to you only for the purposes of conducting your business as an independent dealer of our company. You agree to use this information accordingly only for such purpose, and not to use or disclose any or all of this information, training, materials and any other data when you're no longer involved in business as our active dealer.

Income Disclaimer
Any and all claims or representations seen on this web site, as to income earnings, are not to be considered as average earnings. Other Dealers' testimonials are not representative. Any earnings or income statements, or earnings or income examples, are only estimates of potential earnings or income we think you could earn. Monetary and income results may vary and are based on many factors beyond our control. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we cannot and do not guarantee or imply that you will get rich or will make any money at all. The amount of money you will make with our Dealer program will be directly proportionate to your own efforts, and you accept the fact that you may not earn any income at all.

By participating in our Dealer program, you unconditionally agree that our company is not responsible for the success or failure of your business venture and/or decisions relating to any information presented by our company, or our company products or services. If you're not sure whether our Dealer program is for you or not, before joining the program you are advised to seek counsel of a qualified professional to help you make a decision. All disclosures and disclaimers made herein or on our site, apply equally to any offers, prizes, or incentives that may be made by our company.

Warranty Disclaimer
EnviroQuest International makes no warranties, representations, or conditions with regard to the Dealership program or, except as expressly set forth in EnviroQuest International then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty or merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages
EnviroQuest International and its subsidiaries shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if EnviroQuest International has been advised of the possibility of such damages. Further, EnviroQuest International and its subsidiaries aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commission fees paid or payable by EnviroQuest International to Dealer under this agreement. Further, should a dispute arise, if it cannot be settled peacefully by direct communication, it will then be settled through the process of mediation, whereby both parties reach an agreement. The place for mediation will be chosen by EnviroQuest International.

Should EnviroQuest International or its subsidiaries face any legal fees and/or challenges as a result of Dealer's unlawful practice of any kind, the Dealer agrees to reimburse our company for any such legal fees and/or challenges, and Dealer agrees to hold himself or herself fully accountable for Dealer's unlawful actions that resulted in any damages to the company.

Dealer and EnviroQuest International are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Dealer shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of EnviroQuest International. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law
This agreement shall be governed by the laws of the United States without reference to its choice of law principles.