Unilateral Policy

Authorized Indirect Reseller Terms and Conditions

No Authorized Reseller, Distributor, Third-Party Reseller or their affiliates shall be permitted to sell product to or fulfill orders for any other Reseller, Distributor, Third-Party Reseller or their affiliates unless that other Reseller, Distributor, Third-Party Reseller or their affiliates are themselves authorized by HP Tuners, LLC to offer its products or services for retail sale or B2B sale to another authorized HP Tuners reseller.

E-Commerce
No Authorized Reseller, Third-Party Reseller or their affiliates shall be permitted to advertise, sell or offer for sale any Products on websites, mobile applications and third-party marketplaces (i.e. Amazon, Sears, Newegg, Walmart) without the express written consent of HP Tuners LLC or its authorized representative, through an E-Commerce Authorization.

No Authorized Reseller, Third-Party Reseller or their affiliates shall sell Products to another individual or company (“Third Party Reseller”) for the purposes of advertising, selling or offering for sale any Products on websites, mobile applications and third-party marketplaces (i.e. Amazon, Sears, Newegg, Walmart) unless the Third-Party Reseller has first obtained from HP Tuners LLC an E-Commerce Authorization.

Authorized Resellers will be permitted to advertise, sell or offer for sale HP Tuners products and services on their website or websites provided that those sites have been disclosed to HP Tuners LLC either in its application for authorized status or subsequently via e-mail sent to [email protected]. A documented reply must be received in order to do so. Such sites must be hosted by an online service provider that complies with the Digital Millennium Copyright Act or similar legislation protecting the rights of copyright and trademark holders.



Intellectual Property
Once authorized, the Reseller acknowledges that any images or other materials provided by HP Tuners LLC are for use on a website, catalog or other marketing materials. Such use is under license subject to HP Tuners LLC copyright and trademark rights whether those rights are registered or not. The reseller’s license continues only so long as the reseller, as licensee, continues to actively purchase HP Tuners products for the purposes of resale. This license is not assignable and as such any third-party wishing to make use of HP Tuners LLC images must apply for the license to do so directly with HP Tuners LLC. The license is also subject to termination at the sole discretion of HP Tuners LLC. Title to the said images or other materials remains the sole property of HP Tuners LLC.

The Reseller undertakes that images or other materials shall not be taken from sources other than HP Tuners LLC or as otherwise authorized in writing to represent or market HP Tuners products. As well, the Reseller undertakes that HP Tuners LLC images or other materials will not be used to advertise, promote or market products not purchased from HP Tuners LLC or through HP Tuners approved distribution.

Privacy
Information collected from you will be used for the purposes of communicating with you. It will also be made available to the HP Tuners wholesale distributors that you have shared. Information provided by you will not be used for any other purposes, with the exception of critical notices from HP Tuners LLC, and will not be distributed or shared with any person or party. Should you have any questions concerning your personal information please contact HP Tuners LLC at [email protected]

The Reseller agrees that HP Tuners LLC may send price updates, notices regarding new products and other related matters. The Reseller may discontinue receipt of such information by notifying HP Tuners LLC at [email protected]. Such a notice must include the dealer’s company name and any applicable contact information.

Product Diversion
Authorized resale of HP Tuners product may be made to consumers only unless authorized as a B2B by HP Tuners. To apply for B2B authorization, please email [email protected]. Sales by Authorized Dealers to unauthorized individuals/businesses for resale to consumers is not permitted and shall be considered to be product diversion and breach of the contractual relationship between HP Tuners LLC and the Authorized Reseller.

Sale of quantities of products greater than those typically purchased for consumer consumption shall be considered to be product diversion.

Authorized Resellers shall maintain and permit access to HP Tuners LLC when requested, such records as may be necessary to permit verification of sales and their legitimacy.

Dealer Information
The Authorized Reseller agrees and shall be responsible to ensure that mandatory information provided in their application is kept current. In particular, the Reseller shall provide HP Tuners LLC with the storefront names and locations under which it is operating.

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