Form AAS_10rev2
Conditional Provisions
1) Signing at the end of this application confirms that the authorized signatory applicant is applying for a Coyote Enterprises LLC (hereafter, CE) reseller account and has read, understood and agrees to abide by all Account Application terms, conditions, paragraphs, subparagraphs, clauses, policies and provisions.
2) This Account Application incorporates three CE policies: Sales and Pricing, Minimum Advertised Price and California Sales Tax.
3) Some of the fields on this form are used to populate Coyoteents.com website pages such as the Dealer List, Authorized Coyote Beadlock Installers, Stocking Resellers, and others.
4) No information will be sold to, offered to, or used by others. This information is exclusively for use by CE.
5) Submitting this completed and signed form is a request by the Account Applicant to become an authorized CE reseller. Approval is at the sole and uncontestable discretion of CE.
6) CE Account Application approval entitles the applicant to buy and resell CE products while abiding by CE policies and terms and conditions.
7) CE only accepts payment for CE products by credit card; however, CE does not charge a fee for credit card payment. That’s a double money-saver for the applicant: 1) You are not charged a processing fee and 2) you get the credit card rebate. That’s money in your pocket!
8) CE reserves the sole and uncontestable right to cancel an approved reseller due to MAP violation, lack of sales activity or any other reason it deems necessary.
9) This Account Application Form will be renewed yearly.
10) Please call Harry Lewellyn at (949) 645-7733, M~F, noon to 5 p.m. Pacific Time or email harry@coyoteents.com with questions.
*Required Field. Please Comeplete All Fields
Rev 2
SCOPE: The California Department of Tax and Fee Administration (CDTFA) requires that California sales tax be collected on all products sold within, and/or delivered to end users in the state of California. California accommodates this in two ways: 1) As a resident or non-resident, the CE reseller may request a resale permit from the CDTFA, and charge and collect California sales tax on all shipments into the state of California. 2) Otherwise, CE charges the CE reseller California sales tax on California destine drop shipment. CE resellers may not ship CE products into California without California sales tax being collected by someone. Repeating, California sales tax must be collected on all products sold within and/or delivered to end users in the state of California. See REFERENCES immediately below for details.
REFERENCES:
Publication 121, Drop shipments - https://www.cdtfa.ca.gov/formspubs/pub121/
Laws and regulations - https://www.cdtfa.ca.gov/lawguides/vol1/sutr/1706.html
California Department of Tax and Fee Administration (CDTFA) website - https://www.cdtfa.ca.gov/
CaliforniaSalesTaxPolicyRev2, 06-04-2023
This is the CE Sales and Pricing Policy.
DISCUSSION: CE has two CATEGORIES of resellers defined by the market they service.
CATEGORY1 resellers are brick and mortar off road fabrication stores. Off road stores without fabrication and on site beadlock installation capability are not accepted. Category 1 resellers must offer all Coyote products for sale in the store and on its website.
CATEGORY 2 resellers are fish and tackle stores. Category 2 stores may sell only Coyote automatic tire deflators and chosen accessories. They are not obligated to sell Coyote beadlocks.
PRICING STRUCTURE: Manufacturer Suggested Resale Price (MSRP) is used to calculate the MAP price and all quantity discounts. CE uses a quantity discount-based pricing structure versus a dealer buy-in level-based discount structure.
The discount is 40% to 55% off of MSRP. The CE price list is sent to the approved CE Account Applicant after acceptance by CE.
RESELLER WEBSITE: Upon CE Account Application approval, the reseller agrees to put all CE products except the CE Air Channels on its website within 30 days. Most Coyoteents.com site pages are available to the reseller upon request from CE.
MINIMUM ADVERTISED PRICE (MAP): CE vigorously enforces its MAP policy. Violation will result in CE terminating the reseller with fifteen (15) days of notification for lack of compliance with MAP if the violation is not corrected. See Minimum Advertised Price Policy below.
MINIMUM ORDERS: Although the CE reseller determines the quantity it buys of various CE products, CE does not accept orders totaling less than $15, not including shipping.
SHIPPING: All orders are shipped FOB Costa Mesa, California, 92627. CE resellers pay all shipping costs, regardless of method. That includes, but is not limited to USPS and UPS. CE accommodates shipping against the reseller’s UPS account. Fed EX is not accommodated.
DROP SHIP ORDERS: With the exception of the CE patented air channel (see below), all CE product reseller drop ship orders will be charged $5.00, in addition to product and shipping costs. Further, to accommodate all orders drop shipped by CE into California, California resale tax must be collected. That means that California resale tax must be collected by CE or the reseller must have a valid California resale permit and collect the California sales tax. CE will bill the CE reseller for the California sale tax in addition to all other costs. See California SALES TAX above. If the CE reseller has a California resale permit, a copy must be on file with CE.
RETURNS AND RESTOCKING CHARGES: If a product is purchased and returned for any reason, in perfect, original, unflawed, resalable, packaged condition, a $20 restocking fee will be charged. Otherwise, returns are not allowed. The CE reseller pays return shipping. Call first for a Return Material Authorization (hereinafter, RMA) number. Returns without an RMA number will not be accepted and returned to the sender at sender’s expense. Restocking returns are not accepted after 30 days for any reason. Also, see REFUNDS below.
EXCHANGES: An RMA number is required under all circumstances. If a part number shipping mistake is made by CE, the parts will be exchanged at no cost to the CE reseller. CE pays both pick-up and return shipping.
If a part number ordering mistake is made by a CE reseller and returned in perfect, original, unflawed, resalable, packaged condition, within 30 days of purchase. The parts will be exchanged and a price difference credit or debit issued. The CE reseller pays shipping both ways for its part number ordering mistake.
REFUNDS: Full or partial refunds will be made subject to the RETURNS AND RESTOCKING CHARGES and EXCHANGES paragraphs above. A partial refund is defined as a refund on a portion of one purchase order.
California SALES TAX: All CE resellers must abide by California tax laws as defined above regardless of the State of residence.
COYOTE ENTERPRISE PATENTED AIR CHANNEL: Due to the proprietary and liability nature of the CE Air Channel, CE resellers are not allowed to advertise or stock Air Channels. However, the CE reseller is allowed to discuss for sale, and list the Air Channel for sale on its website and CE will accept qualified end user orders for drop ship at no additional charge.
WARRANTY: The CE warranty applies to manufacturing and material defects only. They are part specific as explained below. The warranties cover the original purchaser, with proof of original purchase, under normal use. The warranties do not apply to abused, misused, mis-installed or parts used for other than their intended purpose.
The five-year CE BEADLOCK warranty does not apply to mis-drilled rims, beadlock install or uninstall damage and/or other direct, indirect and/or all incidental personal injuries including but not limited to injury, blindness and death. Always wear protective gloves and ANSI approved safety glasses. Always completely deflate both the tire and beadlock inner tube before working on a beadlock for any reason. Not doing so risks the potential of exploding either or both the tire and/or the CE beadlock potentially causing injury, blindness, death or all of the above.
CE beadlock INNER TUBES are warranted for one year against manufacturing and material defects. Pinched or mis-installed inner tubes are excluded from the inner tube warranty.
The DEFLATOR lifetime warranty does not apply to misuse, abuse, use for unintended purposes, direct, indirect or all incidental personal injuries including but not limited to injury, blindness and/or death. Always wear protective gloves and ANSI approved safety glasses when working on or adjusting Coyote deflators. Never adjust a Legacy Coyote deflator on a pressurized tire or other pressurized vessel. Adjusting a Legacy Coyote deflator on a pressurized tire or vessel can potentially launch parts into your or other’s eyes and/or other parts of the body causing injury, blindness, death or all of the above. Follow the CE setting instruction on the CE site.
All other CE products are warranted for five years, for the original purchaser, under normal use, with proof of original purchase.
At the discretion of CE, any warranted product may be repaired, replaced or refunded without further CE obligation. All potential warranted parts must show evidence of date of purchase and be issued a CE RMA number, and returned to CE, at the customer’s expense for warranty evaluation. If replacement is approved, CE pays for return shipping to the customer
SCOPE: Compliance with this CE Minimum Advertised Price (hereinafter, MAP) policy is mandatory for all CE resellers and sub-tier resellers regardless of where or how they sell CE products. MAP policy is very important to CE, it is vigorously enforced and there are no exceptions.
MAP POLICY: Compliance with this CE MAP policy is mandatory. This MAP policy applies to all CE products publicly (see below) advertised and sold by CE resellers and all sub-tier resellers. It applies to advertisements and catalogs, to all platforms, printed material, to all websites, to web site banner ads, to on-hold telephone messages, to radio or television advertising, to broadcast emails, to any other public (see below) advertising means inclusively.
Conformance with this MAP policy must be passed on to all CE resellers and sub-tier resellers or wholesalers. A sub-tier reseller is a primary Coyote reseller that sells directly or indirectly to consumers or other resellers. All resellers of Coyote products must abide by this MAP policy regardless of their CE product source. CE requires that all wholesale sales include a copy of this MAP policy with all shipments.
PUBLIC VERSUS PRIVATE ADVERTISING/MEDIA: Compliance with this MAP policy is mandatory. CE resellers or wholesalers may sell CE products at any private price they choose as specified in Federal SEC statutes.
CE resellers are not required to include pricing in their public media advertisements; however, if included in public media, that pricing must abide by this MAP policy.
Advertising within a CE reseller’s brick and mortar store is considered to be private advertising and this CE MAP policy does not apply. An “offering” to come in and “see our instore specials” is not considered a violation of this MAP policy provided the price for a Coyote product is not specified or pictured in any way in the out-of-store advertising.
However, CE resellers may not publicly advertise CE products below the CE MAP price by any means or media. All forms of public media are subject to this CE MAP policy. The MAP price is listed for each CE product on the CE price list.
When a public advertisement for any CE product features a price or discount, the advertised price or resultant discount price must be at or above the CE MAP price in the current CE price list. It is the responsibility of the CE reseller to stay abreast of current CE pricing.
This CE MAP policy does not apply to advertised free shipping and like offers associated with a CE product.
AMAZON, eBay AND SIMILAR PLATFORMS: Compliance with this MAP policy is mandatory. CE MAP policy fully applies to all platforms. MAP violations on these and similar platforms are not permitted. CE products are not allowed to be offered on bidding or auction platforms. Intermittent, weekend-only MAP advertising violations will be enforced. A single day of violation will be interpreted by CE as a MAP enforceable violation against that CE reseller or sub-tier reseller.
MAP VIOLATION TRACKING: Compliance with this MAP policy is mandatory. All CE products are shipped with a destination tracking code on each product shipped designating the CE reseller to whom it was shipped.
MAP VIOLATION VALIDATION: Compliance with this MAP policy is mandatory. When a CE product MAP violation is reported or discovered, CE may anonymously order from the violator. Upon receipt, the product is inspected for the CE reseller source tracking code (above). The MAP violating CE reseller to whom it was shipped is notified (see below) regarding the CE validated MAP violation.
MAP VIOLATION, AND NOTIFICATION TO CORRECT AND COMPLY: Compliance with this MAP policy is mandatory. The CE reseller to whom CE shipped the product is notified by email, USPS or both of the MAP violation and given fifteen (15) days from the date of notification to correct the violation. Compliance is applicable to the violator and/or its sub-tier wholesalers and resellers. If the MAP violation occurs on AMAZON, eBay or similar platforms, those platforms are also notified.
MAP NON-COMPLIANCE: Compliance with this MAP policy is mandatory. The MAP violating CE reseller’s existing orders and backorders will not be filled until CE is notified, with proof, of violation correction. CE is not responsible for determining violation correction. Violation correction and CE notification of correction are the total responsibility of the CE reseller. CE will terminate the primary CE reseller if it does not receive notification of MAP violation correction.
CE NOTIFICATION OF MAP VIOLATION CORRECTION: Compliance with this MAP policy is mandatory. The violating CE reseller is responsible to immediately notify CE with proof of MAP violation correction in writing by email or USPS of all violation corrections. Telephone calls are unacceptable. CE assumes that the violation correction has not been made until it is notified by the CE reseller with proof of correction. It is not the responsibility of CE to research and monitor MAP violation corrections. This is the sole responsibility of the violating CE reseller.
MAP VIOLATION, NOTIFICATION OF TERMINATION: Compliance with this MAP policy is mandatory. If the MAP violator does not correct the MAP violation within fifteen (15) days from the date of notification to correct the violation, CE will unilaterally terminate and no longer sell to the violator or its sub-tier resellers. The violator will be removed from the Coyote site Dealer Locator page. All remaining open purchase orders and back orders will be canceled, and no further shipments made to the MAP violator. The MAP violator and sub-tier resellers will never again be considered for CE reseller status.
CE immediately notifies second-time MAP violators of cancellation by any means of its choice, telephone, email, USPS or in person. There are no second, MAP violation chances.
11) Time is of the essence in this Account Application.
12) This Account Application may be executed in counterpart.
13) Headings are inserted for the convenience of CE and the applicant only and are not to be considered when interpreting this Account Application. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
14) The clauses, paragraphs, subparagraphs and, provisions contained in this Account Application are intended to be read and construed independently of each other. If any part of this Account Application is held to be invalid, this invalidity will not affect the operation or enforcement of any other part of this Account Application.
The approved applicant is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by CE in enforcing this Account Application as a result of any default by the approved applicant.
15) CE and the approved applicant acknowledge that this Account Application is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Account Application to be too broad to be enforceable, it is the intention of CE and the approved applicant that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the approved applicant to give CE the broadest possible protection.
16) No failure or delay by CE in exercising any power, right or privilege provided in this Account Application will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Account Application.
17) This Account Application constitutes the entire agreement between the approved applicant and CE and there are no further items or provisions, either oral or otherwise.
18) If approved, this Account Application establishes an account with CE to purchase CE products for resale. The account applicant agrees that Coyote Enterprises LLC may charge the above credit card for CE merchandise purchased within the terms prescribed in this Account Application including the CE policies.
19) The approved applicant further agrees to pay any and all reasonable collection costs, court costs and attorney fees incurred to collect all CE indebtedness due to collection from the approved applicant .
20) The approved applicant will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be for CE and the approved applicant.
21) All Account Application information is warranted to be true and current by the account applicant. In consideration of the CE reseller account extended to the approved applicant, the undersigned authorized officer unconditionally and independently guarantees to CE, its successors and assignees, payment of all CE indebtedness incurred by the approved applicant in the event of payment default, and hereby waives the defenses of priority, disability, statute of limitations, or order of collection, extension or grace, as any of the same may apply to the fullest extent permitted by law.
22) By signing this agreement, the undersigned acknowledges that the authorized signatory applicant has read, understood and agrees to abide by all Account Application terms, conditions, paragraphs, subparagraphs, clauses, policies and provisions in total.
23) IN WITNESS WHEREOF, the authorized signatory applicant and if approved Coyote Enterprises LLC have duly affixed their signatures under hand and seal on the dates specified.
I agree that entering my name in the field below is the legal equivalent of my handwritten signature. Under penalty of perjury, I herewith affirm that my signature was entered by me with my full knowledge and consent, and that I am legally bound to these terms and conditions.
Authorized Officer
Coyote Enterprises LLC
Title: Sole Member
Signature:__________________________________________
Printed name: Jenna Kane
Date:__________________________________