TUFF TOE Retail MAP, Terms & Conditions

This reseller agreement grants the following company: , herein referred to as "Reseller", the right to sell the products of Tuff Toe, Inc. In exchange for that right, reseller agrees to the terms and conditions that follow:

1. MINIMUM ORDERS: Reseller must meet the minimum quantity and payment amount on orders as specified in Exhibit A. No exceptions unless otherwise agreed to by Tuff Toe, Inc. or in such circumstance of special orders as agreed to by Tuff Toe, Inc.

2. PAYMENT TERMS: Reseller agrees to prepay the first purchase order by credit card. Subsequent orders may be paid by money order, credit card, or check. Reseller may thereafter be granted terms (after initial order), at the sole discretion of Tuff Toe, Inc. If such terms are granted, the reseller agrees to complete payment within 30 days of receiving the shipment.

3. ADDITIONAL FEES: Late payments may revert payment terms to pre- payment and may be subject to additional fees. Prepayment terms will remain unless otherwise dictated by Tuff Toe, Inc. Customer may be required to pay Tuff Toe, Inc. all costs, expenses, legal and collection fees as incurred in enforcing the terms and conditions as allowed by law.

4. COMPETITIVE PRODUCT REFERENCE: Reseller must never use any Tuff Toe, Inc. images, including product or model photos, trademarked Tuff Toe, Inc. name or logo mark, nor the name or logo mark of any Tuff Toe, Inc. products, nor any name or logo mark designed or intended to be similar to any Tuff Toe, Inc. product name or logo mark, nor any descriptive or explanatory text, nor any reference to Tuff Toe, Inc. products in reference or relation to any other company, product or brand name other than those produced or distributed by Tuff Toe, Inc. without prior written consent. Tuff Toe, Inc. may discontinue sales to reseller if this policy is violated at any time.

5. ONLINE SALES: Reseller agrees NOT to attempt to resell any Tuff Toe, Inc. product through ANY personal or corporate owned, or any third party website, application or shopping cart. i.e. eBay, AMAZON, or the like. ONLY with the express written consent of Tuff Toe, Inc. MAY reseller conduct online sales. Reseller further agrees any online sales meeting the above exception shall strictly adhere to all product(s) MAP pricing, not including shipping.

6. USE OF PROMOTIONAL MATERIALS: Reseller must use and display Tuff Toe's brand names when selling product. Reseller may use specific photo and/or graphic images and/or specific text provided by the Tuff Toe, Inc. for the promotion of or in conjunction with Tuff Toe, Inc. products only, and even then only for the duration that Tuff Toe, Inc. products are being actively offered for resale by reseller and the Reseller Agreement, terms and conditions are being fully honored. Failure to comply with these rules may result in the termination of future wholesale pricing offers or sales to the reseller.

7. PROPER USE OF TRADEMARK: When reseller uses the Tuff Toe, Inc. trademark, reseller must represent all Tuff Toe, Inc. products with full product names in print including Internet, audio, video and all media promotional materials. Trademarked Tuff Toe, Inc. and relating product logos should be used in print or publication whenever feasible. Permission to use the Tuff Toe, Inc. trademark and all other associated trademarks is at the sole discretion of Tuff Toe, Inc.
8. REPACKAGING: Reseller must never repackage, reproduce or reformulate any Tuff Toe, Inc. product(s) without the express, prior written consent of Tuff Toe, Inc. Failure to comply with this rule may result in the immediate termination of any future orders by the reseller with 30-day notice in writing by email, or telephone. Violation of MAP pricing standards set forth by Tuff Toe, Inc. may result in the loss of wholesale pricing and order availability to the reseller. Wholesale/MAP pricing at time of purchase will be honored on orders set with a future ship date.

9. SHIPPING: Orders shipped via UPS within the continental USA or via Priority Mail elsewhere, unless otherwise specified. Freight charges will be determined at time of shipping and will be added to each invoice. All shipments will be charged the actual freight cost of the order(s). Rates and service subject to change at any time at the sole discretion of Tuff Toe, Inc.

10. DAMAGE CLAIMS: Any claims for damaged or mis-shipped items must be made within 10 days of receipt of merchandise by calling 714.997.9585. Returns are only accepted for items that are damaged or mis-shipped. A return authorization number is required and must appear on all related correspondence. Reseller is granted a return authorization number by Tuff Toe, Inc. Reseller must return merchandise in 100% resalable condition to receive credit for the product. A 25%restocking fee may be assessed at the sole discretion of the Tuff Toe, Inc. Freight charges may apply. Please call 714.997.9585 for return authorization and additional instructions.

11. PRICING: Wholesale/MAP prices are subject to change with 30-day notice in writing by email, or telephone. Violation of MAP pricing standards set forth by Tuff Toe, Inc. may result in the loss of wholesale pricing and order availability to the reseller. Wholesale/MAP pricing at time of purchase will be honored on orders set with a future ship date.

12. TERRITORY PROTECTION: Tuff Toe, Inc. reserves the right to deny sales to a licensed reseller based on proximity to other Tuff Toe, Inc. customers. Resellers with protection will be determined by/at the sole discretion of the seller. Tuff Toe, Inc. reserves the right to protect/ unprotect territory with or without notice to the reseller. Territory protection policy subject to change by the Tuff Toe, Inc. and/or its affiliates. Reseller will offer Tuff Toe Products from existing locations provided by Reseller and mutually agreed by both parties. Reseller will provide Tuff Toe, Inc. with an updated list of all Facilities selling Products 30 calendar days before the facility has become operational.

PRODUCT MAP
Molded Tuff Toe $12.99 ea.
Tuff Toe Pro $21.95 ea.
Tuff Toe Multi-Sport $21.95 ea.
Tuff Toe Boots $21.95 ea.
MSRP Molded Tuff Toe $14.99 ea.
Tuff Toe Pro $$23.95 ea ea.
Tuff Toe Multi-Sport $23.95 ea.
Tuff Toe Boots $23.95 ea.
 

TCAP Agreement

As a TCAP Your location Agrees to the Above MAP as well as the Following:

  • We will provide an application demonstration video showing our technique annually.
  • Our annual order volume will determine our TCAP level and benefit ie. Bronze, Silver, Gold. This level will be monitored by Tuff Toe, Inc and may result in losing TCAP status.
  • We will immediately cease from marketing our store as a TCAP if we lose our TCAP status
  • We agree to monitor quality control of our Tuff Toe applications regardless of whom at our store performs applications
  • We agree to stand behind our Tuff Toe application service and will cover all warranty claims at our own expense.
  • We agree not to advertise packaged Tuff Toe products for less than $21.99 with MSRP of $23.99
  • Any photos, videos, or digital content we provide Tuff Toe, Inc. may be published on all Tuff Toe owned websites and any social media platform in order to gain exposure for our store and for the Tuff Toe brand.
  • Tuff Toe, Inc. at its’ sole discretion, for any reason, can remove any operators’ TCAP status and ability to purchase/market Tuff Toe products.
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