Volcanna Rain Dealer Agreement
This Agreement (the “Agreement”) is made and entered into on the date you click AGREE (“the Effective Date”), by and between Volcanna Rain., a California company (Volcanna Rain), and you (hereinafter “Dealer”). Whereas Volcanna Rain manufactures and distributes a mineral solution from mica featuring the name Volcanna Rain, and Dealer wishes to resell the Products, whereas the parties agree as follows:
Grant of Rights.
Volcanna Rain hereby designates Dealer as a re-seller of the Products. During the Term, and solely within the Licensed Territory, Volcanna Rain hereby grants Dealer a non-exclusive, nontransferable, and non-assignable sublicense, to sell the Products to consumers under the Marks. Dealer agrees to limit itself to the sale of the Products within the Territory and purchase all Products directly from Volcanna Rain.
Term.
This Agreement shall commence on the Effective Date and shall continue thereafter for one year (“Term”). Thereafter, the Term shall automatically renew for one-year periods until cancelled in writing pursuant to this Agreement. Either party to this Agreement may terminate this Agreement, for any reason or no reason at all, by giving the other party 30 day written notice.
Territory.
The non - exclusive territory for Dealer to sell the Products and use the Marks shall be the United States of America (hereinafter the “Territory”).
MAP.
Dealer shall comply with Volcanna Rain's Minimum Advertising Price Policy (“MAP”), the details of which are posted at Volcannarain.com and can be modified at Volcanna Rain's discretion.
Promotion and Advertising of the Products.
Dealer agrees to abide by Volcanna Rain's Advertising & Marketing and make no other claims.
Compliance with Law and Volcanna Rain's rules.
Dealer agrees to abide by all applicable laws and regulations in the Territory. Dealer agrees to follow the rules set forth and Return policies which are all posted at Volcannarain.com, and which may be modified at Volcanna Rain's discretion.
Indemnity.
Dealer shall indemnify Volcanna Rain and hold harmless each of its respective officers, officials, employees, agents and volunteers from all losses, fines, penalties, liabilities, attorney’s fees, expenses and damages, resulting from or in connection with any of Dealer’s actions of breaching this Agreement, acting with negligent or willful misconduct, or making misrepresentations and/or publishing false or deceptive advertisements.
Relationship of Parties.
Dealer is, and shall at all times remain, an independent contractor. This Agreement does not constitute a partnership or joint venture agreement between Dealer and Volcanna Rain.
Governing Law/Forum for Disputes.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan. If not otherwise agreed to, the parties' consent to personal jurisdiction and venue in the United States District Court for Western Michigan in Lansing, Michigan and/or the Circuit Court in Lansing, Michigan.
Miscellaneous.
This Agreement sets forth the entire understanding relating to its subject matter and all prior and contemporaneous understandings relating to the same have been merged herein. A waiver of a breach of any term in this Agreement shall not be considered a waiver of a further breach of the same term or a waiver of a breach of any other term. The paragraphs which by their nature should survive termination of this Agreement shall survive any termination of this Agreement. Each of the parties executing this Agreement warrants and represents that they have the requisite authority to execute this Agreement on behalf of the respective parties. Any modification to this Agreement must be made in a signed writing by both parties. This Agreement may be executed via electronic means.
The parties (Volcanna Rain and Dealer) agree that this shall be a binding agreement upon your acceptance of the terms herein by You clicking that You Agree.