Dealer Application

Thank you for your interest in ErgoAV products !

We are excited about our new potential business partnership. We believe you will find the BESTERGO as a manufacturer to be best in class.

As you start to set up an account, please have your Sales Tax Exemption/VATS form ready for uploading, your information will need to be uploaded during the application process.

Upon completion of each step during your application, you will receive an email confirmation that your information has been received or is being processed.

If you have any problems or need help, please call (877) 419-7832 for assistance.

I certify that all information on this form is correct, and that we fully understand your credit terms are Net 30 and agree to the proper payment in consideration of extended credit. In the event that legal action is required to collect money due for goods and services, purchaser shall pay all reasonable collection agency costs, attorney’s fees and court costs incurred by seller. I understand and agree that all sales and other transactions between us will be governed by the laws of the State of Minnesota, and any dispute arising from our business relationship will be litigated exclusively in the courts of Minnesota. I consent to the jurisdiction of the Minnesota courts. I further acknowledge that completion and/or acceptance of this application is not an offer to sell, is not a binding contract and does not offer exclusivity in any form.

ECOA NOTICE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derived from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission.

SECTION 1 — PRODUCTS AND TERRITORY

• 1.1 Generally. Subject to the terms, conditions and term of this Agreement, the Supplier hereby appoints the Dealer as a non-exclusive reseller of the products identified in Exhibit 1 (the “Products”). The Dealer hereby accepts such appointment and agrees to devote such time and attention to the performance of such duties as may be reasonably necessary. The Supplier may change any of the Products upon thirty (30) days’ written notice to Dealer. Dealer recognizes that the Supplier must have the ability to make such additions, deletions, or changes to deal with changes affecting the Products. At all times during this Agreement the Dealer shall act in good faith and provide reasonable customer support to ensure safe and functional use of the product.
• 1.2 Non-Exclusivity. The Dealer acknowledges that its appointment hereunder is non-exclusive. The Supplier reserves the right to appoint additional dealers, sales representatives, or agents for the Products in or for the Territory, and to sell any of the Products directly in the Territory, in each case without thereby incurring payment obligation to the Dealer. The Dealer may not appoint any dealer for the Products.
• 1.3 Independent Purchaser Status. The Dealer is an independent purchaser and seller of the Products. The Dealer is not an agent, employee, joint venture, partner, franchisee, or legal representative of the Supplier for any purpose whatsoever. The Dealer shall be exclusively responsible for the manner in which, it performs its duties hereunder and for the profitability, or lack thereof, of its activities under this Agreement. This Agreement does not make any party hereto the employee, agent, or legal representative of any other party for any purpose whatsoever. No party is granted any right or authority to assume or to create any obligation, liability, or responsibility, express or implied, on behalf of or in the name of any other party. In fulfilling its obligations pursuant to this Agreement, each party shall be acting as an independent contractor. The Dealer shall clearly state and indicate in its dealings with all third persons and parties that the Dealer is not an employee, agent, or legal representative of the Supplier for any purpose and that the Dealer is acting on its own accord. The Dealer shall be solely responsible for its own employees, for any compensation due to them and for compliance with all applicable laws imposed by any governmental authority regarding the Dealer’s employees.
• 1.4 Resale Channels. The Dealer shall not sell the Products online other than through a website owned, operated, and/or designed by or for the Dealer that bears the Dealer’s trademarks.

SECTION 2 — TERMS AND CONDITIONS OF SALE

• 2.1 Firm Purchase Orders. All orders for Products shall be made pursuant to the Dealer’s firm purchase orders that are accepted by the Supplier. The prices for Products purchased hereunder shall be the Supplier’s standard prices in effect on the date of shipment, as listed on the Supplier’s then-current price list for dealers. The Supplier may change its prices, discounts or terms and conditions of sale at any time upon thirty (30) days notice to the Dealer. Each purchase order shall include: (i) identification of Products ordered (full product number and description); (ii) quantity to be purchased; (iii) price of the Products ordered; (iv) requested delivery dates; and (v) shipping instructions.
• 2.2 Minimum Purchases. During each twelve (12) month period (beginning on the date of this Agreement and on each anniversary thereof) this Agreement remains in effect, the Dealer shall purchase, take delivery, and pay for a minimum $100.00 of Products. The minimum amount may be amended from time to time by the Supplier. In the event that the Dealer fails to meet the minimum amount or other goal established by the parties, the Supplier may, at its option and in its sole discretion, terminate this Agreement immediately by written notice to the Dealer.
• 2.3 Payment and Delivery. Payment for Products sold to the Dealer shall be made as specified on invoices issued by the Supplier. In the event the Dealer fails to make any payment when due, or if for any other bona fide reason, the Supplier deems the Dealer to be insecure as to payment, the Supplier may demand that the Dealer make full or partial payment in advance or provide satisfactory security or guarantees that invoices will be promptly paid when due. The Supplier shall use reasonable commercial efforts to deliver the Products in accordance with the Dealer’s instructions. The Supplier shall not be responsible for delays or damages during shipment, and any carrier shall be solely the agent of the Dealer.

SECTION 3 — TERM AND TERMINATION

• 3.1 Term. Unless terminated as provided in Section 3.2 below or by mutual written consent, this Agreement shall commence on the Effective Date and continue in full force and effect for one (1) year (the “Term”). Upon expiration of the Term, this Agreement shall automatically renew for successive one (1) year terms unless to one party provides notice to the other of non-renewal at least ninety (90) calendar days prior to the expiration of the Term or any renewal period hereof.
• 3.2 Termination. This Agreement may be terminated prior to the expiration of the Term or any renewal period as follows:
  • A. By the non-breaching party, in the event the one of the parties breaches any of its obligations hereunder and should fail to remedy such breach within thirty (30) calendar days after receiving written notice from the non-breaching party; provided, however, that upon a second breach of the same obligation by such party, the other party hereto may terminate this Agreement immediately upon written notice to the breaching party.
  • B. By either party, effective immediately upon written notice to the other party, if the other party should become the subject of any voluntary or involuntary bankruptcy, receivership or other insolvency proceeding or make an assignment or other arrangement for the benefit of its creditors.
  • C. By the Supplier, effective immediately upon written notice to the Dealer, if any of the Supplier’s invoices to the Dealer shall be due and outstanding for more than thirty (30) days.
  • D. By the Supplier, effective immediately upon written notice to the Dealer, if the Dealer should attempt to sell, assign, delegate, or transfer any of its rights and obligations under this Agreement without having obtained the Supplier’s prior written consent thereto, or if there should occur any material change in the management, ownership, control, sales and marketing capability or financial condition of the Dealer.
  • E. By the Supplier, effective immediately, if any law or regulation should be adopted or in effect in any territory where the Dealer conducts sales of the Products which would restrict the Supplier’s termination rights or otherwise invalidate any provisions hereof.
  • F. By the Supplier, without cause, by providing the Dealer thirty (30) days advance written notice.
• 3.3 Rights of Parties Upon Termination. The following provisions shall apply upon the termination or nonrenewal of this Agreement.
  • A. Subject to Section 3.3D, the Dealer shall cease all sales and other activities on behalf of the Supplier and shall return to the Supplier and immediately cease all use of the Confidential Information previously furnished by the Supplier and then in the Dealer’s possession.
  • B. All indebtedness of the Dealer to the Supplier shall become immediately due and payable without further notice or demand, which is hereby expressly waived, and the Supplier shall be entitled to reimbursement for any reasonable attorneys’ fees that it may incur in collecting or enforcing payment of such obligations.
  • C. Subject to Section 3.3D, the Dealer shall remove from its property and immediately discontinue all use, directly or indirectly, of trademarks, designs and markings owned or controlled, now or hereafter, by the Supplier, or of any word, title, expression, trademark, design or marking which, in the opinion of the Company, is confusingly similar thereto.
  • D. The Supplier shall have no obligation to repurchase or to credit the Dealer for its inventory of the Products at any time of termination or nonrenewal of this Agreement. The Supplier may, at its sole option, repurchase from the Dealer, at the Supplier’s then current list prices less any applicable then-current discounts or at the net prices paid by the Dealer, whichever are lower, any or all inventory of Products originally purchased by the Dealer from the Supplier. If the Supplier elects not to repurchase any such inventory, the Dealer shall be entitled to sell the same but only during the six (6) month calendar period following termination or nonrenewal.
  • E. The obligations of the Dealer under Sections 4 (Confidentiality and Proprietary Rights), 5.2 (Indemnification of Supplier), and 5.9 (Applicable Law and Forum) shall survive the termination or nonrenewal of this Agreement for any reason.
• 3.4 Sole Remedy. The Supplier’s repurchase of the Dealer’s inventory of Products pursuant to Section 3.3D hereof, or the Dealer’s right to sell such inventory if not so repurchased by the Supplier, shall constitute Dealer’s sole remedy for the termination or nonrenewal of this Agreement and shall be in lieu of all other claims that the Dealer may have against the Supplier as a result thereof. Under no circumstances shall the Supplier be liable to the Dealer by reason of termination or nonrenewal of this Agreement for compensation, reimbursement, or damages for any reason, including: (i) loss of prospective compensation; (ii) goodwill or loss thereof; or (iii) expenditures, investments, leases, or any type of commitment made in connection with the business of such party or in reliance on the existence of this Agreement.

SECTION 4 — CONFIDENTIALITY AND PROPRIETARY RIGHTS

• 4.1 Confidential Information. The Dealer acknowledges that during the course of this Agreement it may receive access to the Supplier’s confidential information including, but not limited to, marketing and business plans, sales strategies, advertising programs, pricing, costs, customers, technology and manufacturing methods and any other information which the Company designates or treats as confidential (“Confidential Information”). The Dealer shall hold the Confidential Information in strict confidence and shall not use or disclose the same except as required to perform its obligations under this Agreement. The failure of the Supplier to mark such Confidential Information with “Confidential” or other proprietary markings shall not affect the treatment of such information pursuant to this section. The Dealer shall maintain the confidentiality of such Confidential Information for a period of time not less than three (3) years after the expiration or termination of this Agreement.
• 4.2 Proprietary Rights. No rights are granted hereunder to the Dealer under any patents or trademarks except as are incidental only to the advertising, promoting, selling, or servicing of Products by the Dealer and the right to use such Products by the Dealer’s customers. The Dealer acknowledges and agrees that the ownership and all right, title and interest in and to any trademark, trade name, logo, industrial design, patent, or copyright relating to the Products is, and shall remain, vested solely in the Supplier. The Dealer has no rights, title, or interest whatsoever in or to any Supplier trademark, trade name, logo, industrial design, patent, or copyright. The Dealer agrees that it shall not contest any right of the Supplier to such trademarks, trade names, logo designs, patents, or copyrights, and further agrees that it shall not apply for or attempt to register any rights in and to the same. All improvements relating to the subject matter of any Supplier patent or industrial design which are developed by or for the Dealer will be promptly disclosed by the Dealer to the Supplier. Such improvements are hereby deemed as the Supplier’s sole property and the Supplier has the exclusive right to protect all such improvements by filing patent applications on such improvements in the Supplier’s name. The Dealer agrees that if requested by the Supplier, Dealer will execute a recordable assignment and other documents prepared by the Supplier for securing and maintaining such intellectual property rights and vesting title in the Supplier. The Dealer has no right to protect any improvements relating to any Supplier patent or industrial design by filing patent applications on such improvements in the Dealer’s (or its affiliates’) name or by any other means.
• 4.3 Use of Proprietary Rights. The Dealer shall not at any time:
  • (i). Use or adopt the trademarks; any other name, trade name, trading style or commercial designation owned or used by the Supplier or any of its affiliates; or any term, phrase, or design which is confusingly similar to or a colorable imitation of the foregoing, as part of a corporate, assumed, fictitious, or other trade or business name, as a product name, as a service mark, on stationery, business cards, or similar materials, or directly or indirectly in connection with, or in relation to, any activity or agreements with third parties;
  • (ii) Identify or market the Products with any additional trademarks or other trade designations or in packaging or with sales materials other than those provided or expressly permitted by the Supplier;
  • (iii) Attach or use the trademarks on or in connection with products or services other than the appropriate Products covered by this Agreement;
  • (iv) Remove, deface, alter or cover the trademarks or serial numbers attached to or imprinted on the Products or alter any of the Products or packaging in any manner whatsoever;
  • (v) Separate any software or accessories sold or packaged with any Product or remove, translate, or modify the contents of documentation related to such software or the Products, including any end user license agreements or warranty statements; or
  • (vi) Modify, deface, disassemble, dismantle, or reverse engineer any Products, decompile, reverse compile, decrypt, or reduce to human-readable form any software contained or installed in the Products, or otherwise attempt to gain access to the trade secrets, technology, or other proprietary or confidential information of the Supplier as reflected by the Products or their components.
• 4.4 Advertising. Whenever the Dealer makes reference to its relationship with the Supplier, whether in advertising or otherwise, the Dealer will describe its relationship only as a reseller of the Products. Any other use by the Dealer of the Supplier’s trade name and/or trademark or any other trade names or trademarks associated with the Products is strictly prohibited unless previously approved in writing by a duly authorized officer of the Supplier. The Dealer shall not use any Supplier or Product names or trademarks or any variation thereof, alone or in combination with other words, in connection with any product which has not been supplied by the Supplier.

SECTION 5 — GENERAL PROVISIONS

• 5.1 Indemnification of Dealer. The Supplier agrees to defend, indemnify and hold the Dealer, its officers, directors, employees, successors and assigns harmless against all losses, damages or expenses of whatever form or nature, including actual attorneys’ fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of any acts or omissions of the Supplier or any of its directors, officers, employees, or agents, including, but not limited to, (i) breach of any of the provisions of this Agreement, (ii) gross negligence, (iii) violation by the Supplier (or any of its directors, officers, employees or agents) of any applicable law, regulation or order or (iv) claims that the Supplier’s Products infringe upon the intellectual property of a third-party. The Dealer agrees to provide the Supplier notice of any such third-party claim promptly after learning of such claim, whether or not litigation or other proceeding has been filed or served, and the Supplier’s indemnity obligations shall be relieved to the extent prejudiced by any unreasonable delay. The Supplier shall have the right to control the defense and/or settlement of all such claims, in litigation or otherwise. The Dealer shall be entitled to participate, at its own expense, in any dispute for which indemnity is sought with counsel of its own choosing. The indemnification obligations of Supplier are limited to an amount equal to Dealer’s sales for the 12 month period immediately prior to the date of the event giving rise to indemnification.
• 5.2 Indemnification of Supplier. The Dealer agrees to defend, indemnify and hold the Supplier, its officers, directors, employees, successors and assigns harmless against all losses, damages or expenses of whatever form or nature, including actual attorneys’ fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of any acts or omissions of the Dealer or any of its directors, officers, employees, or agents, including, but not limited to, (i) breach of any of the provisions of this Agreement, (ii) negligence or other tortious conduct, (iii) representations or statements not specifically authorized by the Supplier herein or otherwise in writing, or (iv) violation by the Dealer (or any of its directors, officers, employees or agents) of any applicable law, regulation or order. The Dealer shall have the right to control the defense and/or settlement of all such claims, in litigation or otherwise, provided that the Dealer shall not settle any claim that would impose any liability or obligation on the Supplier or otherwise affect the Supplier’s interests thereby without the Supplier’s prior written consent. The Dealer shall be entitled to participate, at its own expense, in any dispute for which indemnity is sought with counsel of its own choosing.
• 5.3 Export Control Laws and Regulations. Nothing contained in this Agreement shall be construed to require either party to do, and the Dealer shall not directly or indirectly do, any act or thing that will or could constitute a violation of the Export Control Laws or other laws and regulations similar in purpose or effect, applicable to the United States of America, any territory where the Dealer conducts sales of the Products or any other country having proper jurisdiction. The Dealer shall not export any Products without the prior written consent of the Supplier.
• 5.4 Entire Agreement. This Agreement, including the exhibits attached hereto, represents the entire agreement between the parties on the subject matter hereof and supersedes all prior discussions, agreements and understandings of every kind and nature between them. No modification of this Agreement will be effective unless in writing and signed by both parties.
• 5.5 Notices. All notices under this Agreement shall be in English and shall be in writing and given by registered airmail, email, cable, or facsimile addressed to the parties at the addresses below or to such other address of which either party may advise the other in writing.
• 5.6 Force Majeure. Neither party shall be in default hereunder by reason of any failure or delay in the performance of any obligation under this Agreement where such failure or delay arises out of any cause beyond the reasonable control and without the fault or negligence of such party.
• 5.7 Severability. The illegality or unenforceability of any provision of this Agreement shall not affect the validity and enforceability of any legal and enforceable provisions hereof.
• 5.8 Non-Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the business interests of the Supplier and may be assigned by the Supplier but only to the acquirer of substantially all of the Supplier’s assets in conjunction with such an acquisition. The Dealer shall not sell, assign, delegate or otherwise transfer any of its rights or obligations hereunder or utilize agents or dealers in the sale of Products, without the prior written consent of the Supplier.
• 5.9 Applicable Law and Forum. This Agreement shall be construed, enforced and performed in accordance with the laws of Minnesota, USA without reference to the principles of conflicts of laws. Any dispute arising from this Agreement or purchases of Products hereunder shall be exclusively heard in the state and Federal courts sitting in Hennepin County, Minnesota, to whose jurisdiction the parties expressly submit.
• 5.10 Waiver. The Dealer agrees that the failure of the Supplier at any time to require performance by the Dealer of any of the provisions herein shall not operate as a waiver of the right of the Supplier to request strict performance of the same or like provisions, or any other provisions hereof, at a later time.
• 5.11 Corporate Authority. The individual signing below represents and warrants that he or she has the requisite power and authority to bind the party on whose behalf they are signing and hereby binds such party.
• 5.12 POS Data. The Dealer agrees to provide the Supplier with point-of-sale data, upon the Supplier’s request. Upon the Dealer’s request, the Supplier agrees to enter into a mutually agreeable confidentiality agreement prior to such disclosure.
• 5.13 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and all of which together will constitute one and the same document. Any electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same legal force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile, PDF format or email electronic signatures.

This Agreement between BESTERGO Inc., a Minnesota corporation (“BESTERGO”), and the Dealer named above (the “Dealer”), is effective as of the date written above (the “Effective Date”).

In connection with the sale and distribution of all BESTERGO products (the “Products”), BESTERGO is the owner of valuable intellectual property rights, including trademarks, trade dress, copyrights, the good will associated with that trade dress and those trademarks and copyrights,as well as the overall image associated with BESTERGO’s brands. BESTERGO trademarks, brands, and trade names include the trade names BESTERGO Inc. (the “BESTERGO Trade Names”) and the trademarks and service marks BESTERGO® as well as other common law trademarks and service marks that BESTERGO may from time to time adopt and use in connection with the sale or offering for sale of products or services (the “BESTERGO Trademarks”).

The Dealer shares with BESTERGO a mutual interest in maintaining the positive image of BESTERGO’s products and brands, as well as an interest in arranging for energetic presentation of the Products to their various markets. The parties recognize the need for the Products to be sold to the end users only by a dealer who reasonably demonstrates both a general capability and a specific dedication to selling the Products and to protecting and enhancing BESTERGO’s intellectual property rights. For these reasons, BESTERGO and the Dealer agree to the following terms for sales of the Products:

1. Attachment A contains the current list of characteristics (the “Criteria”) upon which the Dealer will be evaluated by BESTERGO in connection with its sale of products or services incorporating the BESTERGO Trademarks. BESTERGO may, in its sole discretion, modify the Criteria from time to time. If modifications are made to the Criteria, BESTERGO will provide a copy of the new Criteria to the Dealer.
2. The Dealer will be authorized to sell the Products (an “Authorized Dealer”) if it meets the Criteria, as modified from time to time by BESTERGO. BESTERGO may provide the Dealer with a list of dealers that do not meet the criteria and are not authorized to sell the Products.
3. If BESTERGO, in its sole discretion, concludes that the Dealer does not meet the Criteria, BESTERGO will contact the Dealer and communicate issues that need to be corrected to remain an Authorized Dealer. The Dealer may determine if it chooses to comply with the requested changes or to discontinue its relationship with BESTERGO. The Dealer may be de-authorized by BESTERO if it does not comply with the requested changes. Dealers that are de-authorized will be unable to purchase Products directly from BESTERGO or through BESTERGO’s distribution partners. BESTERGO may provide the Dealer with information regarding the de-authorization of any dealer.

Attachment A BESTERGO Authorized Dealer Criteria

The following are the criteria currently used by BESTERGO to determine that a reseller is adequately representing and reselling BESTERGO products. BESTERGO applies these principles in its sole discretion, in no particular sequence or weighted order, and in view of relevant circumstances as determined by BESTERGO. BESTERGO may change this list from time to time without notice. All products referred to are the Products, unless otherwise stated.

Note: listing of an “ability” or “capability” also normally requires adequate practice of that ability.

• Customer service ability and customer acceptance.
• Storefront and merchandising capability.
• Ability to install the products efficiently and effectively, and to assist customers with installation.
• Ability to stock products for prompt delivery. Range of products ordered and actually maintained in stock.
• Warranty service capability.
• Appropriateness of location (including accessibility, as well as density of population and density of dealers in the region, among other characteristics).
• Appropriateness of any Internet presentation (relative to availability and presentation of competitors’ products and of BESTERGO’s products by other dealers).

Attachment B Minimum Advertised Price (MAP) Policy

The following is BESTERGO’s policy regarding the advertising of prices for all BESTERGO products (the “Products”). You are free to decide whether to follow this policy. This policy does not constitute an agreement between you and BESTERGO, and BESTERGO is not seeking a response from you.

Purpose: BESTERGO’s goal in enacting this policy is to avoid depreciation of, or damage to, its copyrighted works, including advertising, and to trademarks, brands, or trade names. BESTERGO’s trademarks, brands, and trade names include, but are not limited to, the trade names BESTERGO Inc. (the “BESTERGO Trade Names”) and the trademarks and service marks BESTERGO as well as other common law trademarks and service marks that BESTERGO may from time to time adopt and use in connection with the sale or offering for sale of products or services (the “BESTERGO Trademarks”, collectively with the BESTERGO Trade Names, the “BESTERGO IP”).

Minimum Advertised Pricing: For the purposes of this policy, the term “advertising,” when used in connection with Products utilizing the BESTERGO IP, shall include any price listing accessible to consumers directly, provided that “advertising” shall not include a price quotation sent directly to a consumer at the consumer’s request.

BESTERGO hereby advises each of its resellers that advertising Products utilizing the BESTERGO IP and using BESTERGO copyrighted materials (including photographs from the online photo library or BESTERGO-created product descriptions) at a price below the dealer suggested resale price, as applicable, as listed or published by BESTERGO in its most recent price list (the “MSRP”) may lead to depreciation of and serious damage to the BESTERGO IP. Therefore, BESTERGO will discontinue any business relationship with any reseller that engages in such practice. BESTERGO expects that Products will be advertised in print, on television or radio, or on the internet by its resellers at no less than the MSRP and in compliance with this policy. This policy is nonnegotiable. Upon violation of the policy, BESTERGO will immediately cease Product shipment to the violating reseller. Probationary or suspension periods will not be permitted.

Online Resale: This policy applies uniformly to all resellers, including those that offer Products for sale on any online websites including, but not limited to, those owned, operated, and/or designed by or for the respective reseller.

Limitation of Policy: This policy relates to advertised prices. Without limiting any of the foregoing, no part of this policy is intended to affect resale prices or to require any reseller of the Products to resell the Products at the MAP. This policy thus governs only the advertised price, not the actual sales price. A reseller who chooses not to list a price may (i) state that the prices of the Products are “At MSRP” without violating this policy.

Changes in MAP and Products: All Products are subject to this policy. BESTERGO may at any time in its sole discretion revise the list of products subject to this policy and will provide notice of such revision to its resellers within a reasonable time. BESTERGO may at any time, in its sole discretion, revise the MSRP for any Product. Each revision shall be effective at such time as is specified by BESTERGO in its pricing schedule, which will be provided to its resellers. BESTERGO’s current price lists are also available to all resellers at BESTERGO’s offices.

Discounts, Premiums: It will be a violation of this policy to advertise the giving of any article of value in connection with the sale of any Products or the making of any concession in connection with the sale of any such Products, which results in a sale by the reseller at net prices below MAP.

Price Reductions, Inventory Reductions, and Clearance: BESTERGO may exempt certain designated designs, models, and items from this policy for the purpose of inventory reduction and model closeouts.

Price in Cart: Prices listed on a reseller website are considered advertised prices and shall adhere to this policy. Once the pricing is associated with a manifest intent to purchase (i.e., the product is added to a shopping cart or equivalent intent to order is clear), the price is deemed the selling price and not an advertised price. Prices revealed by a shopper’s simply scrolling over or clicking on the product short of manifesting an intent to purchase is deemed an advertised price and is subject to this policy. Statements such as “add to cart to see price” are not acceptable.

Discretion of BESTERGO: BESTERGO will make all decisions concerning this policy unilaterally. Nothing in this MAP policy is an agreement with any person regarding whether or not such person will comply with this policy.

If you have any questions regarding this policy you should contact, sales@bestergo.com