Twisted Throttle LLC

570 Nooseneck Hill Rd

Exeter, RI02822

USA

Telephone: (401) 284-4200

Fax: (401) 223-6954

Dealer Application

Effective December 19, 2011

Business Name: ______

Contact Name & Title: ______

Address: ______

City: ______State: ______Zip: ______Country: ______

Phone: ______Fax: ______

Email: ______Website: ______

C/C number: ______Expires: __/__/__ Type: VISA M/C DISC AMEX

Name/Company Name on C/C:______

Address for C/C: ______Zip Code for C/C: ______

Franchised dealer? __Yes __No if yes, which manufacturers?______

(Nonfranchised dealers must provide a photo of the inside & outside of their store/facility and a recent advertisement)

Type of business: __Motorcycle Sales __Parts __Repair/Service __Accessories __Apparel

Dealer Management System name: ______

Company has been in business since ______(list your first year in business)

Languages spoken by your sales staff (circle all that apply): English Spanish French Other:______

Business License number: ______(attach copy of license)

State/Provincial Sales Tax number: ______(attach copy of state/provincial tax exempt certificate)

Is the business listed in the local Yellow Pages? __Yes __No (if yes, attach copy of ad)

Motorcycle Industry Trade References (3 required)

Company Name: ______Telephone: ______

Company Name: ______Telephone: ______

Company Name: ______Telephone: ______

How/where did you discover our company?______

I have reviewed Twisted Throttle LLC’sAuthorized Dealer Agreement and

Minimum Advertised Price (MAP) policy and agree to all terms:

Authorized Signature: ______Print Name: ______

Title: ______Date: ______

Dealer application must be signed by business owner, dealer principal, or general manager.

Dealer Application

Thank you for your interest in becoming a Twisted Throttle Authorized Dealer!

All dealers must meet the following requirements:

  • A minimum $750 initial wholesale order applies for new dealers and must be submitted with the dealer application. There is no minimum order size for subsequent orders once the initial $750 order level has been reached.
  • Smaller initial orders will be invoiced at Twisted Throttle LLC retail prices.
  • A retail store or service & repair facility primarily serving the motorcycle market.
  • Initial orders must be prepaid by Visa, Mastercard, Discover, American Express,or business check.
  • COD is NOT accepted in any amount for a dealer’s initial order.Subsequent COD orders shall only be processed for dealers with a valid credit card and current credit references on file.
  • The Minimum Advertised Price (MAP) for all products distributed by Twisted Throttle LLCis defined as the current manufacturer’s suggested price (shown as “Our Price” on the twistedthrottle.com website). Advertising below these prices will result in revocation of dealer status.

Dealer applications must includeALL of the following items:

  1. Purchase Order for at least $750 of goods (wholesale value, before shipping charges)
  2. Completed, signed copy of the first page of the Dealer Application
  3. Business License
  4. State/Provincial Sales Tax Exempt Certificate

Dealer applications from nonfranchised dealers must include these additional items:

  1. Recent advertisement (for example, a Yellow Pages ad)
  2. a photo of the inside & outside of their store/facility

Please submit completed dealer applications to:

Twisted Throttle LLC.

570 Nooseneck Hill Rd

Exeter, RI02822

Fax: 401-223-6954

Email:

Frequently Asked Questions

(1) How can I place a dealer order to Twisted Throttle LLC?
Dealers may place orders via telephone (401-284-4200), fax (401-223-6954), or email to . When emailing orders, the subject line MUST include the phrase “Purchase Order from [YOUR DEALER NAME AND DEALER NUMBER]. Please do not email orders to any other email addresses, as this will delay the processing of your order.

We do not accept initial dealer orders via our website; however, dealers may place subsequent orders via our website once we’ve provided you with a dealer login and password.
All dealer orders MUST include the Twisted Throttle part number for the item being ordered; orders received without complete part numbers cannot be processed.
(2) How can I track the status of a dealer order placed with Twisted Throttle LLC?
We immediately email order confirmations for orders placed via telephone or website. For orders placed by fax or email, we email an order confirmation within 1 business day of receiving your order.
We normally ship all in-stock items within 2 business days of receiving your order. If an item is not in stock, we will contact you within this time period and provide an estimated time of arrival.
When your order ships, a FedEx tracking number will be automatically emailed to your primary contact's email address. The tracking number will provide an estimated date of arrival for your package.
(3) Will I receive a paper invoice for my order?
We enclose a paper invoice with each order we ship.
(4) Can items ordered from Twisted Throttle LLC by dealers by returned for a refund or exchange?
We believe in helping our dealers sell product – we don’t want you holding on to something you can’t turn quickly. That’s why we accept exchanges on current stock items in new, unopened, unused, unscratched condition with all parts and packaging with no restocking fee for up to 6 months from the original date of any dealer order.

Current stock items in new, unopened, unused, unscratched condition with all parts and packaging may be returned for a refund less shipping and handling and a 15% restocking fee if the return is authorized by Twisted Throttle LLC within 30 days of delivery to the dealer. Items not in new condition are not returnable.

If an item delivered to the dealer is found to be defective within 30 days of delivery to the dealer, the item may be returned and exchanged for an identical new item without any additional cost to the dealer.

Dealers must prepay the cost of insured return shipping and call for a return authorization number prior to return of any item.Shipping and handling fees are not refundable.

(5) If an item a dealer buys and delivers to a retail customer is defective or missing parts, how will Twisted Throttle LLC work with a dealer to resolve the problem?
We will provide detailed product installation photos and installation advice, replacement parts, or a replacement product as appropriate at no additional charge to the dealer. Return of the original defective product may be required. Defects or items missing parts must be reported to Twisted Throttle LLC within 30 days of delivery to dealer.

Twisted Throttle LLC does not compensate dealers or retail customers for labor involved in attempts to install a defective part or a replacement for a defective part.

Twisted Throttle LLC Authorized Dealer Agreement

The undersigned (“Dealer”) is a retail dealer offering for sale to end-users Twisted Throttle LLC’s (“TTL’s”) line of motorcycle accessories. Dealer makes the representations, warranties, and agreements set forth below:

  1. Products Acquired for Resale. Dealer will acquire TTL Products solely for resale to end-user customers from Dealer’s locations. Dealer is not acquiring TTL Products for sale to any other entity or to any person who Dealer knows or has reason to believe intends to resell such TTL Products.
  1. Products for Domestic Sale Only. Dealer will only sell products within the country listed as the Dealer’s location on this dealer application. Dealer agrees to not ship or export any item acquired from TTL to any destination outside of this country.
  1. Product Information. Dealer agrees that it will provide their customers with all installation instructions and packaging TTL includes with the products.
  1. Labeling. Dealer will not alter or remove any labeling or stickers, and will not replace the logos provided by the TTL Product manufacturer or otherwise rebrand TTL Products.
  1. Alteration and Reproduction. Dealer is on notice that TTL product designs are protected by design patents and copyrights. Dealer will not alter, modify, reverse engineer, or reproduce TTL products. Such activities by Dealer will result in legal action by TTL.
  1. Trademarks. Dealer agrees that it will use TTL’s trademarks solely in and for the responsible advertising and sale of TTL Products.

Twisted Throttle LLC Minimum Advertised Price (MAP) Policy

  1. Minimum Advertised Price

The MAP is defined as TTL’s current manufacturer’s suggested price (shown as “Our Price” on the twistedthrottle.com website).

The current MAP for each product in our range can be found by visiting the “Shop” area of the TwistedThrottle.com at any time, or by downloading a complete MAP pricelist (csv text file format) from the following URL:

  1. Scope of Policy

This policy prohibits all Dealers of TTL products from advertising at below the MAP. Further, the policy applies to advertising of all TTL Products by Dealers in any external media including, but not limited to radio, television, internet websites, forums, and/or auction sites, email, and print in any form, such as direct mailings, catalogs, price lists, flyers, group faxing, group emailing, and tradeshow signs and brochures.

This policy applies strictly to advertised prices and will not in any way restrict the Dealer’s ability to determine its own resale prices. The policy is not intended to prohibit any Dealer from providing below MAP quotations on an individual basis in response to a specific request for quotation by an individual customer; provided such response is not automated and is given by person-to-person communication.

The phrase “Call for Price” may be used to alert potential customers that the actual selling price differs from MAP.

Phrases such as “We offer the Best Prices”, “We’ll Beat any Offer”, “No Reasonable Offer Refused”, “Prices Slashed”, “The Cheapest Prices Available”, “Price Too Low to Print”, “New Low Price” or other phrases similar in wording, tone, or intent, are not permitted in any advertisement medium.

The following practices will also be treated as violations of the policy, on the basis that they violate the spirit of the policy:

(A)Use of any rebate, discount, coupon, promotion, giveaway, or incentive in any advertising by a Dealer where the cumulative effect is to reduce the advertised price of any TTL Product below its MAP.

(B)The use of “click on” or “click through” buttons on a website, or any similar buttons, group discount systems, keyed discount codes, or automated price quotation transmission feature to provide automatic price quotations at below the MAP for any TTL Product.

  1. Administration of MAP Policy

This policy will be administered and enforced unilaterally by TTL.

Upon issuance of a price update by TTL, Dealer will have a grace period of 15 days to adjust all prices to the new MAP.

  1. Violation of MAP Policy

Upon first violation, TTL will issue a notice of violation to the dealer and will give the Dealer an opportunity to remove from publication (including Internet) any price advertising that violates this policy. Such advertising must be removed within 5 days of receiving notice from TTL to do so.

Upon a second violation, a second written notice will be issued, and the dealer’s right to purchase TTL products will automatically be suspended for a period of 60 days from the date of the second notice.

Upon a third violation, a third written notice will be issued, and the dealer’s right to purchase TTL products will automatically be terminated.

Separate violations will be deemed to have occurred if a violation continues after TTL has issued a notice of violation to the dealer.

  1. Current Products Only

This policy shall apply only to current products and shall not apply to any non-current, close-out, or discontinued TTL Products. All TTL Products shall be deemed “current products” unless specifically described as “discontinued” on TTL’s website or in official written materials from TTL.

  1. Amendments

TTL reserves the right to amend this policy and/or its minimum advertised prices at any time. Dealers are responsible for observing the current version of this policy.

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