Dealer Agreement

GORILLA WHIPS DEALER AGREEMENT

ORDER REQUIREMENTS

Minimum first time dealer initial product order of $1000.00.

All order are subject to the acceptance of Gorilla Whips.

PRICING AND PAYMENT POLICY
All invoices are to be paid in advance prior to shipment of products unless pre approved written consent from Gorilla Whips. Pricing, terms and discounts are subject to change without notice. Dealer pricing is separate and discounted from consumer retail pricing. As such, dealers are not authorized to participate in retail discounts, promotions or coupons.

FREIGHT  POLICY

Dealer is responsible for all freight costs unless otherwise written agreement.

DAMAGES, SHORTAGES AND REFUNDS

Claims for shortage must be made within seven (7) days of receipt of order.


Returns for reasons other than manufacture defect, miss-shipments or damage are not accepted.  All returns require prior approval and a Return Authorization number issued by Gorilla Whips.


Refunds for damages, defects and any other reason are issued in the form of a credit memo on account or replacement of items at the option of Gorilla Whips.


Warranty claims must meet our minimum requirements for warranty replacements. Replacements parts will be provided when applicable.


Manufacturer warranty provided by Gorilla Whips to Gorilla Whips and Authorized Dealers' customers only.  To ensure compliance, all warranties will be managed by Gorilla Whips. Customer proof of purchase with name of Gorilla Whips or Authorized Dealer will be required.  If dealer operates under alternate DBA's, that information would need to be provided to Gorilla Whips to ensure warranty approval.


NO DEALERS OF DEALERS

No Authorized Dealer will have or create relationships in which another 3rd party would act as a dealer, or begin reselling Gorilla Whips’ products for the Authorized Dealer, without explicit written consent from Gorilla Whips.

 

MAP PRICING & 3RD PARTY MARKETPLACE

As the world’s leading LED Whip & Safety Flag manufacturer, Gorilla Whips is focused on maintaining high margins for our dealers and distribution network.  In recognition of the investment in time and resources required for our high-quality dealers to provide the level of customer service and product knowledge expected from our customers, Gorilla Whips is committed to enforcing policies which allow our dealers to maintain high profit margins through the sale of our products. Gorilla Whips has an established Minimum Advertised Price (MAP) Policy, and a 3rd Party Marketplace Policy, that an Authorized Dealer must follow for the advertising and selling of Gorilla Whips products. All Gorilla Whips Authorized Dealers must agree to the terms and conditions of the following MAP and 3rd party marketplace policies.


3RD PARTY MARKETPLACE POLICY

Dealer Shall Not Promote, Market, Advertise, Offer to sell or sell any product on or through any 3rd party online marketplace or auction service (e.g., Ebay, Amazon, Walmart, Google Shopping, or like websites), except as may be expressly consented to by Gorilla Whips in writing and in advance, and it being understood that Gorilla Whips may withdraw its consent at any time.

GORILLA WHIPS’ MAP POLICY GUIDELINES FOR GORILLA WHIPS PRODUCTS

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


Dealers are also responsible for ensuring their Gorilla Whips product pricing is at or above MAP on internet search engines. Dealers 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. Gorilla Whips’ MAP policy for all Gorilla Whips 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 dealers own website, and any flyers, posters or coupons.


From time to time, Gorilla Whips may permit dealers to advertise MAP Products at prices lower than the MAP price. In such events, Gorilla Whips 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 dealers of such changes.

PRICING STATEMENTS

Gorilla Whips’ MAP Policy does allow dealers to omit pricing entirely from advertisements and/or advertisement statements such as “Call for Price” or “Call for Quote.”


FREE OFFERS ASSOCIATED WITH GORILLA WHIPS PRODUCTS

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

GORILLA WHIPS PRODUCTS PRICE MATCHING POLICIES

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


FAILURE TO COMPLY WITH MAP POLICY

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

Gorilla Whips will utilize the following steps to resolve MAP violations:

  1. Any and all dealers selling Gorilla Whips products which have not signed an Gorilla Whips Dealer Agreement are classified as Unauthorized Dealers.

  2. Dealers of Gorilla Whips are required to provide a signed electronically or physically signed Gorilla Whips Dealer Agreement from any dealer selling Gorilla Whips products. Unauthorized dealers should not be sold to or provided a feed from any distributor whatsoever.

  3. Violations from Authorized Dealers will need to be corrected within 24 hours of notification.

    1. First Violation:  Authorized Dealer’s account will be put on hold temporarily and a written warning will be provided.  MAP violations must be corrected within 24 hours. Upon correction and following 30 days of compliance, violation will then be cleared.

    2. Second Violation:  Authorized Dealer’s account will be put on hold for 30 days.

    3. Third Violation:  Authorized Dealer’s account will be put on hold for 180 days. After this duration, Gorilla Whips will review and determine if account is to be reinstated.  

    4. Fourth Violation:  Should Gorilla Whips decide to reinstate an Authorized Dealer who has previously demonstrated a third violation, yet violates a fourth time, the account will be unauthorized indefinitely.  

***Gorilla Whips will issue a new price list upon the first day of each quarter, based on a calendar year.  Pricing must be updated immediately upon receipt.***