Company Contact Information

Primary Contact First Name

Primary Contact Last Name

Email

Phone Number

Street Address

City

State

Zip

Business & Territory Information

Legal Business Name

Company DBA(s): Separate with commas

Number of Years in Business
1-3 4-6 6-10 10+

Number of Employees
1-5 6-10 11-20 21-50 51+

Ownership Type
Private Public

Name of Owner or Principal Company

Will the Product be Sold Outside the USA
Yes No

State of Business License

Merchandising & Sales Information

Number of Locations
1 2-4 5-10 11-20 21+

Your #1 Selling Brand

Your #2 Selling Brand

Your #3 Selling Brand

Competitive SUPCO Brands:
Please only name Stand Up Paddle Brands

Merchandising & Sales Information

Do you Manage a Facebook
Yes No

Facebook URL

Twitter URL

Do you Want to Sell SUPCO Online
Yes No

Primary E-commerce Website

Do You Sell On Any 3rd Party Sites
Yes No

List 3rd Party Sites Associated with
example: Ebay, Amazon, etc.

Acceptance of the Stand Up Paddle Company, Inc Reseller Agreement
BEFORE APPLYING TO THE STAND UP PADDLE COMPANY AUTHORIZED RESELLER PROGRAM, PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS GOVERNING YOUR PURCHASE, MARKETING AND RESALE OF STAND UP PADDLE COMPANY PRODUCTS. PARTICIPATION IN OUR AUTHORIZED RESELLER PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR APPLICATION. 1.Ordering Process. a. All orders are subject to Stand Up Paddle Company’s then-current Standard Terms and Conditions of Sale, and no contrary or additional terms or conditions contained in Reseller’s purchase order will apply. Reseller will submit purchase orders to Stand Up Paddle Company no later than sixty (60) days prior to requested delivery; however, no order will be binding on Stand Up Paddle Company unless and until accepted in writing via fax or email. Unless otherwise agreed, prices will be based on Stand Up Paddle Company’s then-current reseller price list. Any Stand Up Paddle Company programs that may make available to Reseller special discounts, rebates, or promotional allowances will be subject to compliance with all requirements of such program. b. All shipments will be FOB Origin (Laguna Beach, CA) and Reseller is responsible for all shipping costs, duties, taxes and fees. Stand Up Paddle Company also may refuse, cancel, or delay shipment in the event Reseller’s credit is impaired, or when Reseller is delinquent in payments or in breach of any other obligations under this Agreement. 2. Obligations of Reseller. a. Reseller will not purchase Stand Up Paddle Company® Products from anyone other than Stand Up Paddle Company or Stand Up Paddle Company’s Authorized Distributor. The provisions of Sections 2 and 3 will apply equally to all purchases by Reseller, whether directly from Stand Up Paddle Company or indirectly through third parties. b. Reseller may sell Stand Up Paddle Company® Products to any end-user worldwide. Reseller may also carry Stand Up Paddle Company® Products on any websites of their choosing. (i.e. Ebay, Amazon, Craigslist, Yahoo, etc.) c. All advertising and other use of Stand Up Paddle Company trademarks, logos and trade names (“Stand Up Paddle Company® Marks”) must comply with Stand Up Paddle Company’s then-current Trademark & Brand policy. Reseller agrees that Stand Up Paddle Company is the exclusive owner of all right, title and interest in and to the Stand Up Paddle Company® Marks, and nothing contained herein grants any right in or to the Stand Up Paddle Company® Marks to Reseller. Reseller will not challenge the ownership of the Stand Up Paddle Company® Marks or make an application for any similar or derivative marks. Additionally, Reseller will not directly or indirectly use or own any business name, storefront name, website domain name, website sub-domain, avatar, website member or username, or any online identity incorporating any Stand Up Paddle Company® Marks, and will transfer ownership of any of the same to Stand Up Paddle Company. d. Reseller will comply with all applicable laws, rules, regulations and requirements regarding the advertising, marketing, promotion or sale of Stand Up Paddle Company® Products. Reseller will permit, upon reasonable notice, authorized representatives of Stand Up Paddle Company to inspect Reseller’s applicable records and facilities to confirm Reseller’s compliance with such requirements and this Agreement. e. Stand Up Paddle Company may, from time to time, initiate various programs and policies relating to the sale of Stand Up Paddle Company® Products, including but not limited to policies regarding minimum pricing and price advertising. Reseller will review all such policies and programs as they are provided to Reseller and will be provided via email. Stand Up Paddle Company may modify or discontinue any policy or program at any time in its sole discretion. 3. Termination. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice. In addition, either party may terminate this Agreement and any outstanding purchase orders immediately if the other party breaches any terms or conditions of this Agreement. Each party acknowledges that this Agreement has no minimum term, and neither party will be liable to the other because of termination as provided above for compensation, reimbursement, or damages of any kind resulting from such termination. 4. Effect of Termination. Upon termination of this Agreement, Stand Up Paddle Company may at its option reacquire any or all Products then in Reseller’s inventory at the original purchase price, net of any credits, allowances, or rebates, and Reseller will return all such Products to us within thirty (30) days of our request. Notwithstanding the foregoing, termination will not relieve Reseller of any obligations under this Agreement or otherwise relating to the Products. 5. Returns; Disclaimer. Returns of defective Stand Up Paddle Company Products are governed by Stand Up Paddle Company’s then-current return policy. STAND UP PADDLE COMPANY MAKES NO OTHER WARRANTIES TO RESELLER, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 6. Limitations of Liability. STAND UP PADDLE COMPANY WILL NOT BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE TYPE OF CLAIM (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESELLER’S PURCHASE AND RESALE OF STAND UP PADDLE COMPANY PRODUCTS. STAND UP PADDLE COMPANY’S AGGREGATE LIABILITY IS IN ALL EVENTS LIMITED TO THE AMOUNTS PAID BY RESELLER IN THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM AROSE, WHETHER THE CLAIM ARISES UNDER CONTRACT, STATUTE, OR COMMON LAW. 7.Confidentiality. During and for a period of three (3) years following the expiration or termination of this Agreement, Reseller will treat as confidential and not reveal to any third party any Stand Up Paddle Company Confidential Information. “Confidential Information” means any and all confidential and proprietary information of Stand Up Paddle Company’s current or proposed business, past, present or future products or services, marketing and business plans and strategies, supplier and client lists, employee information, computer software and database technologies, whether such information is in oral, written, graphic, or electronic form, and regardless of whether such information is labeled as confidential by Stand Up Paddle Company. Information will not be considered Confidential Information if (i) it becomes publicly known other than by a breach of this Agreement; (ii) Reseller rightfully receives such information from a third party that is not in breach of any obligation of confidentiality; or (iii) the information was rightfully known to Reseller recipient at the time of disclosure as verified by its written records. Upon termination or expiration of this Agreement and upon request, Reseller will return all copies of Stand Up Paddle Company’s Confidential Information. 8. Governing Law & Jurisdiction; Disputes. This Agreement will be governed by California law without reference to conflict of laws principles. Each party agrees to bring any action with respect to any dispute or claim arising out of or relating to this Agreement exclusively in the state or federal courts located in Newport Beach, California, and hereby irrevocably submits to the exclusive personal jurisdiction of such courts for the purposes of any action. The prevailing party in any suit or proceeding will have the right to recover its costs and reasonable fees of attorneys and other professionals incurred in connection with the action and any appeal. 9.General Provisions. Reseller may not assign any rights or subcontract or delegate any obligations under this Agreement without Stand Up Paddle Company’s prior written consent, and any attempt to do so will be void. No delay or failure to exercise or enforce any right or provision of this Agreement will be considered a waiver thereof or of any right thereafter to exercise and enforce that or any other right or provision. This Agreement may be amended, and rights under this Agreement may be waived, only in a writing signed by an authorized representative of each party, and any waiver will not be deemed a waiver of any subsequent breach. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected in any way, and the parties will use their best efforts to substitute a valid and enforceable provision that most nearly effects the purposes of the provision. This Agreement constitutes the complete and entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, or representations with respect to its subject matter.

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