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  • 1. Dealer Registration form Dealer Account Registration Form First Name: Last Name: Company Name: Website: Federal Tax ID: Address: City, State, Zip: Phone: Fax: Email: All applications for dealer status are subject to approval by Radar Defense. We reserve the right to withdraw a dealer’s status at any time without prior notification. By joining this dealer program, I hereby agree not to resell any products on any auction sites, such as eBay, etc, and not to participate in any type of group buy. By doing so, I will lose my dealer privileges, and my account will be terminated. Dealer pricing may change at any time with prior notification from Performance Tuning. All dealer orders must be faxed to 520-233-5672 , using your company’s purchase order form. Part numbers must be Radar Defense’s part numbers. Dealers are responsible for their own customers’ returns and exchanges. However, Radar Defense will provide dealers with any information needed for a manufacturer’s warranty claim. Radar Defense’s list prices are subject to change without notification. The first order must be a minimum of $1000 USD (subjected to change at anytime); Orders thereafter have no minimum. All orders must be prepaid by money orders, cashier checks, bank wire transfers, or valid credit/debit cards. Once a dealer account has been established, a purchase order must be placed within 14 days. Otherwise, your account will be closed, and you will need to re-establish your dealer account, and an order must be placed at that time. By signing this form: I, as the company’s representative, have agreed to all terms and conditions stated above: TERMS AND CONDITIONS Company Representative (Title) Signature Date Please fax a copy of this application, your business license, and Tax ID to 520-233-5672 For Office Use Only (please do not write below) Dealer ID: ______________________________________ Password: ___________________ TYPE OF BUSINESS TYPE OF DEALER PROGRAM DESIRED (please check one only) DISCOUNT LEVEL (please check one only) (please check all that apply) General auto parts retailer (store front) Performance auto parts retailer (store front) Mail order only (internet) Mail order only (catalog)
  • 2. Dealer Registration form General auto repair shop Performance auto repair shop Audio installation shop Other _______________________________________ A stocking dealer with no drop-shipping needed. A stocking dealer with some drop-shipping required. Drop-ship only. With a Buy-in of $1000. Discount off of jobber. Higher Buy-in for deeper discount (please email at dealer@ CONFIDENTIALITY AGREEMENT This CONFIDENTIALITY AGREEMENT (the “Agreement”) is entered into by and between (“Disclosing Party”), Mark Bedore and Radar Defense LLC. 571 N. Macrae road Coolidge, AZ. 85228 Fax No. – 520-233-5672 and the person or entity identified below (“Receiving Party”) Name _____________________________ Company___________________________ Address____________________________ __________________________________ Tax Id____________________________ Phone #___________________________ Fax#______________________________ As of 07-01-2003 and in regards to the Proposed Transaction, all of which are identified below. 1. Confidential Information. 1.1. As used in this Agreement, “Confidential Information” means all information, whether of a technical, business or any other nature, disclosed in any manner, whether verbally, electronically, visually or in a written or other tangible form, which is either identified as confidential or proprietary or which should be reasonably understood to be confidential or proprietary in nature. 1.2. Confidential Information shall also include (a) the fact that discussions or negotiations are taking place between the Parties concerning the Proposed Transaction; (b) any of the terms, conditions or other facts with respect to any such Proposed Transaction, including the status thereof or the cessation of discussions or negotiations between the Parties; and (c) the fact that this Agreement exists or that Confidential Information has been or may be made available to either Party. 1.3. As used in this Agreement, the Parties receiving and disclosing Confidential Information shall be referred to as the “Receiving Party” and the “Disclosing Party”, respectively. 2. Exceptions. Confidential Information does not include any information that (a) is now or subsequently becomes publicly available without breach of this Agreement; (b) can be demonstrated to have been lawfully known to the Receiving Party at the time of its receipt from the Disclosing Party; (c) is rightfully received by the Receiving Party from a third-party who did not acquire or disclose such information by a wrongful or tortious act; (d) can be shown by documentation to have been independently developed by the Receiving Party without reference to any Confidential Information; or (e) is required to be disclosed by a court or by operation of law.
  • 3. Dealer Registration form 3. Obligations. The Parties acknowledge that Confidential Information may be disclosed in connection with the Proposed Transaction, in which case, the Parties shall abide by the obligations of this Agreement. 3.1. The Receiving Party shall (a) keep the Disclosing Party’s Confidential Information in strict confidence and (b) not disclose any Disclosing Party’s Confidential Information to anyone without the Disclosing Party’s prior written consent. 3.2. The Receiving Party shall not use, or permit others to use, Confidential Information for any purpose other than for evaluating the Proposed Transaction. 3.3. The Receiving Party shall take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures it takes to protect its own Confidential Information of a similar nature, which shall not be less than the care a reasonable person would use under similar circumstances. 3.4. The Receiving Party shall restrict the possession, knowledge, development and use of the Disclosing Party’s Confidential Information to its directors, officers, employees, consultants, counsel, accountants, professional advisors, and any potential investor or acquiror of a substantial part of such Party’s business (whether by merger, sale of asset, sale of stock or otherwise) and (a) whose duties justify access to such Confidential Information, (b) who have a need to know such Confidential Information in connection with the Proposed Transaction, and (c) who are bound by a non-disclosure agreement or confidentiality obligations consistent with this Agreement. 3.5. Notwithstanding the foregoing, each Party may disclose Confidential Information to the extent necessary pursuant to applicable federal, state or local law, regulation, court order, or other legal process, provided the Receiving Party has given the Disclosing Party prior written notice of such required disclosure and, to the extent reasonably possible, has given the Disclosing Party an opportunity to contest such required disclosure at the Disclosing Party’s expense. 3.6. The Receiving Party shall notify the Disclosing Party immediately in the event the Receiving Party learns of any unauthorized possession, use or knowledge of the Confidential Information or materials containing Confidential Information and will cooperate with the Disclosing Party in any proceeding against any third parties necessary to protect the Disclosing Party’s rights with respect to the Confidential Information. 4. Ownership. The Disclosing Party retains all right, title and interest in and to its Confidential Information, and the Receiving Party shall have no rights, by license or otherwise, to use or disclose the Confidential Information except as otherwise expressly provided herein. 5. Disclaimers. UNLESS OTHERWISE SPECIFICALLY PROVIDED, THE CONFIDENTIAL INFORMATION IS PROVIDED “AS IS” AND THE DISCLOSING PARTY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR
  • 4. Dealer Registration form PURPOSE, MERCHANTABILITY, SUITABILITY AND NON-INFRINGEMENT. 6. Term. The obligations under this Agreement shall survive for a period of two (2) years from the date of disclosure of the Confidential Information, or such longer period as required by law, regulation, or court order (e.g., trade secrets, protective orders, etc). The Receiving Party shall promptly return or certify the destruction of all tangible material embodying Confidential Information (in any form and including, by way of example and not limitation, all summaries, copies and excerpts of Confidential Information) upon the earlier of (a) the completion or termination of the dealings between the Parties, or (b) the Disclosing Party’s written request. 7. Injunctive Relief. The Parties acknowledge that disclosure or use of Confidential Information in violation of this Agreement could cause irreparable harm to the Disclosing Party for which monetary damages may be difficult to ascertain or are an inadequate remedy. Therefore, the Disclosing Party shall have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any violation of this Agreement. The Receiving Party shall pay the Disclosing Party its attorney’s fees in the event it prevails in any action to enforce this Agreement against the Receiving Party. 8. Miscellaneous. 8.1. Neither Party may assign, delegate or otherwise transfer this Agreement or any rights or obligations thereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any attempt by a Party to effectuate an assignment, delegation or transfer without consent shall be null and void. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the Parties. 8.2. Any failure to enforce the other Party’s strict performance of any provision of this Agreement shall not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. 8.3. Each provision of this Agreement shall be severable from every other provision for the purpose of determining the legal enforceability of any specific provision. 8.4. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law principles. 8.5. This Agreement contains the entire understanding of the Parties hereto with respect to the transactions and matters contemplated hereby, and supercedes all previous agreements between the Parties concerning the subject matter, and cannot be amended except in writing and signed by both Parties. Proposed Transaction: Potential bulk purchase of Disclosing Party’s products for resale in certain overseas and domestic markets Effective Date: ___________________ RECEIVING PARTY: DISCLOSING PARTY: Radar Defense LLC DBA Radar Defense LLC.
  • 5. Dealer Registration form Name: ___________________________________________________ By: Radar Defense LLC.. Company Name: _____________________________________ Name Mark Bedore Title: ____________________________________________ Title: Managing partner Address: ____________________________________________ _____________________________________________ Signature ____________________________________________ Address: 571 N. Macrae Road Coolidge, AZ. 85228 Telephone: 602-288-8388 Fax: 520-233-5672