Creative QT Retail Partner Reseller's Agreement

CREATIVE QT RETAIL PARTNER AGREEMENT

Hinkle Direct LLC DBA Creative QT (hereafter, Creative QT) and Retailer hereby agree to the following terms, pursuant to which Retailer will purchase and sell products from Creative QT.

1. Retailer shall have the right to purchase products from Creative QT. Creative QT agrees to use reasonable efforts to provide such products, but has absolute discretion to refuse to fill any order at any time for any reasonable commercial reason.
2. Payment is due at the time of the purchase unless terms are granted to the retailer by Creative QT.
3. Returns are accepted if Retailer is not 100% satisfied within 60 days of product receipt. Creative QT only accepts returns of product in new, saleable condition. Restocking fees may apply.
4. Retailer shall be authorized to display and sell Creative QT products and related marketing materials provided by Creative QT throughout the terms of this agreement.  Retailer may also use marketing materials featuring Creative QT trademarks, designs, and/or logos created by Retailer provided that any such marketing materials are approved by Creative QT. All materials with Creative QT’s trademarks, designs, logos, or copyrights shall be the sole and exclusive property of Creative QT.
5. Nothing in this Agreement is intended to create a partnership, joint venture, employment relationship, agency, or any relationship between the Parties; nor shall either Party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions.  Neither Party assumes the ultimate obligation with respect to excise or other taxes which may be imposed upon the other in connection with the transaction covered by this Agreement.
6. NO account is permitted to sell Creative QT products via any online marketplace, such as, but not limited to Amazon, eBay, Newegg, Jet.com, Walmart Marketplace, etc.   Selling on Retailer's storefront, physical locations, and own website is acceptable. Creative QT has the authority to suspend any retailer account that is not conforming with such selling practices.
7. Retailer agrees to the Creative QT MAP pricing policy in appendix A of this document. This policy and pricing is regularly updated at creativeqt.biz/pricing
8. All disputes arising from this agreement or the parties’ relationship shall be filed in the County of McHenry, State of Illinois, United States of America.  Both Parties consent to venue in said court. Retailer hereby consents to said court exercising personal jurisdiction over for the purposes of such litigations.  
9. This law governing this Agreement shall be the laws of the State of Illinois and of the United States of America.
10. Either Party may terminate this Agreement at any time with or without cause without notice.  Such termination shall not relieve the Parties’ obligations with respect to accepted Purchase Orders.  

 

Appendix A

MAP Policy

As a best selling developer of innovative, first to market products, Creative QT is focused on maintaining high margins for our Retail Partner network.  In recognition of the investment in time and resources required for our high-quality Retail Partners to provide the level of customer service and product knowledge expected from our customers, Creative QT is committed to enforcing policies which allow our resellers to maintain high profit margins through the sale of our products.  Creative QT has an established Minimum Advertised Price (MAP) Policy that an Authorized Reseller must follow for the advertising and marketing of Creative QT products. All Creative QT Authorized Resellers must agree to the terms and conditions of the following MAP Policy.

Creative QTs MAP Policy Guidelines for Creative QT Products

MAP pricing for all Creative QT products can be found at creativeqt.biz/pricing. All advertised prices must be at or above MAP for all Creative QT products if a MAP price has been established by Creative QT. Resellers are not required to list prices in advertising.  If a price is listed in an advertisement it must be at or above MAP. Other statements such as “call for price” or “call for quote” are acceptable and permitted.

Resellers are also responsible for ensuring their Creative QT display pricing is at or above MAP on internet search engines. Resellers are free to set the actual resale price of any product as long as it is at or above MAP price given the most recent publication of the price list. Creative QT’s MAP policy for all Creative QT products apply to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), internet placements on resellers own website, and any flyers, posters or coupons.

From time to time, Creative QT may permit resellers to advertise MAP Products at prices lower than the MAP price. In such events, Creative QT reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

Pricing Statements

Creative QT’s MAP Policy does allow resellers to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”

Free Offers Associated with Creative QT Product

Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.

All Creative QT Products Price Matching Policies

Price matching policies are acceptable.  Price matching cannot be used as a valid reason for violations of Creative QT’s MAP Policy. Advertised price must always be at MAP or higher.

Failure to Comply with the MAP Policy

At the sole discretion of Creative QT, failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of Authorized Reseller status and your ability to purchase all Creative QT products both direct as well as through distribution.

***Any changes of pricing or MAP policies will be communicated to all retail partners by email before any changes take effect.***