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complete, sign and date the following agreement and mail it to Wing Waxers National Headquarters, P.O. Box 3240, Big Bear City, CA 92314 |
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| WING
WAXERS SECTORS OPERATION AGREEMENT |
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(1) The Agreement resulting from the acceptance of this contract will commence immediately upon such acceptance and will continue in effect until either party terminates contract. (2) Wing
Waxers National Headquarters agrees to appoint Sector as an authorized
Wing Waxers Distributor. (3) The name and trademark of Wing Waxers may be utilized and displayed by Sector that use exclusively the Wing Waxers product line as described in the Operations Manual. The name and trademark will be made available to Sector in the form of business cards, stationery, promotional flyers, uniforms and promotional gifts. If Sector intends to use trademark on any object or materials not provided by the National Headquarters, they must first be submitted for approval. The use of the Wing Waxers trademark by the Sector shall cease immediately upon termination of this Agreement. (4) No Sector shall sell, trade or disclose any of our marketing or operational procedures (trade secrets) to the general public or competitors. (5) This Agreement cannot be transferred or assigned, in whole or in part, either directly or indirectly, without meeting the requirements set forth by, and written consent of, the National Headquarters. (6) This Agreement may be terminated by either party at any time, upon 30 days written notice. Causes for termination include but are not limited to: excessive client complaints, misuse or misrepresentation of the name and trademark of Wing Waxers, account balances that become more than 90 days delinquent, or not complying with the provisions of this Agreement. (7) Each Sector is an independently owned and operated business responsible for meeting it's own insurance requirements. The National Headquarters accepts no legal, liability or property damage responsibility by Sector. (8) The Wing Waxers National Headquarters reserves the right to sell the Wing Waxers product line, the Complete Wing Waxers Sectors Package, Training Program or Marketing Approaches & Techniques Manual to any party of its choosing. Sector is designated as an exclusive Wing Waxers Sector only at all Northern California airports as illustrated by county, on the reverse side of this document. The National Headquarters will not authorize any other party to represent Wing Waxers in the areas mentioned in this contract, while remaining in effect. (9) This Agreement constitutes the entire contract and there is no warranty, representations, agreement or condition affecting this Agreement other than as expressed herein and both parties understand that no franchise agreement or rights are implied. (10) This Agreement does not constitute Sector as an agent or legal representative of "Wing Waxers National Headquarters." Sector is not granted any rights to assume or to create any obligation or responsibility, expressed or implied on behalf of or in the name of Wing Waxers National Headquarters. (11) Wing Waxers National Headquarters is a member of the "Better Business Bureau." As such, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration with the Uniform Rules for Better Business Arbitration, and the judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.
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