Authorized Dealer Agreement

To maintain Authorized Dealer status with WES, to be able to purchase and resell WES products, and to have permission to use WES intellectual property, Reseller agrees to abide by the following Terms and Conditions:

  1. Reseller must maintain complete, accurate and up-to-date business information as requested above and disclose all online and retail locations that carry WES products at all times.
  2. Reseller must provide a valid business license or valid sales tax license upon request.
  3. Reseller understands payment terms on first three orders, when buying direct from WES, are pre-paid by credit card prior to delivery. After first three orders, Reseller may, at WES’s discretion, request payment terms which shall not exceed net 30.
  4. Reseller must not sell to B2B accounts, wholesalers, or freight forwarders/drop shippers for other retailers. Large or bulk orders may be subject to review.
  5. Reseller must not sell on any 3rd party sites (eBay, Amazon, Alibaba, etc.), drop-ship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, etc.) or direct messages on forums. Any such listing may result in revocation of Authorized Dealer status and any permission to use WES intellectual property would cease. Reseller acknowledges and agrees that WES may request immediate removal of any Reseller listing (that contains WES intellectual property) that exists on any 3rd party website.
  6. Reseller must not re-package, re-label, or modify WES products in any way prior to selling.
  7. Reseller must not re-SKU or bundle WES products without receiving prior written permission from WES.
  8. Reseller must advertise the correct images for each WES product and must clearly label all advertising and listings with the correct model names and descriptions.
  9. Reseller will not advertise, market, display, or demonstrate non-WES products together with WES products in a manner that would create the impression that the non-WES products are made by WES, endorsed by WES, or associated with WES products.
  10. Reseller must only take online orders via secure, PCI-compliant websites owned and operated by Reseller.
  11. Reseller acknowledges WES ownership of significant intellectual property including patent, trademark and trade dress rights, in the US and internationally. WES intellectual property includes, but is not limited to, trademarks for WES, the icon, and other intellectual property for designs, graphics, phrases or images that identify WES or WES products and services.
  12. Reseller understands the permission to use WES intellectual property is reserved for Authorized Dealers in good standing only. Termination of Authorized Dealer status will result in immediate loss of this permission.
  13. Reseller will not alter, modify, or use WES intellectual property in a way that confuses the public.
  14. Reseller may not use any of WES intellectual property in business names, DBAs, domain names, or social media usernames.
  15. Reseller may use “WES Authorized Dealer” in HTML page title tags (search descriptions).
  16. Reseller may not imply that Reseller is a part of WES or has been granted a specific territory.
  17. Reseller may not use the word “Official" to describe Authorized Dealer status.

Reseller agrees that from time to time WES may modify or amend this agreement. Upon receiving notice of such modification or amendment either through the mail or electronically, Dealer consents to such modification or amendment by specifically consenting either directly or electronically or constructively by placing an order with WES after receiving such notice.

The parties agree that this agreement may be terminated by either party at any time with notice given to the other party. The parties further agree that upon termination, regardless of which party terminated, Authorized Dealer status and any permission to use WES intellectual property would cease.

The parties agree that this agreement is governed by the laws of the state of Utah and the parties further agree that actions to enforce this agreement may be brought in Utah and that Utah courts have jurisdiction over the parties in any action relating to this agreement.