Authorized Partner Agreement

Marine Ceramics Authorized Partner Agreement

This Marine Ceramics Authorized Partner Agreement ("Agreement") is entered into by and between Marine Ceramics, LLC ("Company") and the Authorized Partner ("Partner"). By entering into this Agreement, the Partner agrees to the following terms and conditions:

1. Authorization and Partnership

·       Authorization: The Company grants the Partner the authority to sell Marine Ceramics products and to offer the Company’s surface warranty to end customers.

·       Representation: The Partner agrees to represent Marine Ceramics products accurately and professionally in accordance with the Company's brand standards.

2. Product Handling and Sales

·       Exclusive Sourcing: The Partner shall only distribute genuine Marine Ceramics products procured directly from the Company or its authorized distributors.

·       Sales Restrictions: The Partner is prohibited from selling Marine Ceramics products online or in physical retail stores without written consent from the Company. Products must be sold at the Company’s retail price.

·       Direct Sales Only: The Partner is authorized to sell products directly to their end customers and is strictly prohibited from wholesale or resale activities to other businesses.

3. Surface Warranty

·       Warranty Offering: The Partner is authorized to extend the Company’s surface warranty to customers for whom they have exclusively used Marine Ceramics coatings and maintenance products.

·       Warranty Registration: The Partner must register each warranty on the Company’s website within 5 days of product application.

·       Compliance: The Partner agrees to adhere to all guidelines and requirements set forth by the Company regarding the surface warranty.

4. Pricing

·       Pricing Adjustments: The Company reserves the right to adjust Authorized Partner pricing at any time without prior notice.

5. Logo Use and Brand Guidelines

·       Logo Use: The Partner is granted a non-exclusive, non-transferable license to use the Marine Ceramics logo solely for the purpose of promoting and selling Marine Ceramics products.

·       Brand Guidelines: The Partner agrees to adhere to the Company’s brand guidelines when using the logo and other branding materials. Any use of the logo must be approved by the Company in writing.

·       Termination of Use: The Company reserves the right to revoke the Partner’s right to use the logo at any time, with or without cause.

6. Limitation of Liability

·       Liability Disclaimer: The Company shall not be liable for any indirect, incidental, special, or consequential damages related to the Partner’s application and use of Marine Ceramics products.

·       Indemnification: The Partner agrees to indemnify, defend, and hold harmless the Company from any claims, damages, or liabilities arising from the Partner’s application and use of Marine Ceramics products.

7. Confidentiality

·       Confidential Information: The Partner agrees to keep all proprietary information, trade secrets, and other confidential information of the Company secure and not disclose it to any third party.

8. Environmental Compliance

·       Environmental Responsibility: The Partner shall comply with all local environmental regulations related to the use and disposal of Marine Ceramics products.

9. Data Privacy

·       Customer Data: The Partner agrees to handle any customer data collected during the sale or service process in accordance with applicable data protection laws and only use it for authorized purposes.

·       Customer Contact Authorization: The Partner authorizes Marine Ceramics to contact customers enrolled into the surface warranty system for purposes related to marketing, service reminders, updates, and other communications regarding Marine Ceramics products and services.

10. Term and Termination

·       Term: This Agreement is effective upon signing and will remain in effect until terminated by either party with 30 days written notice.

·       Termination for Cause: The Company reserves the right to terminate this Agreement immediately for any breach of its terms or for conduct that damages the Marine Ceramics brand.

·       Discontinuation: The Company reserves the right to discontinue the Authorized Partner status at any time without notice or cause.

11. Governing Law and Dispute Resolution

·       Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Palm City, Florida, USA.

·       Dispute Resolution: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in Palm City, Florida, in accordance with the rules of the American Arbitration Association (AAA).

Premier Partner Addendum

For Partners qualifying as Premier Partners, the following additional terms apply:

1. Customer Interaction

·       Non-Circumvention: When servicing customers referred by Marine Ceramics, Premier Partners shall not bypass Marine Ceramics and deal directly with those customers, thereby excluding Marine Ceramics from the transaction. Premier Partners are free to work with their own customers and use other products as they see fit.

·       Exclusive Use for Referred Customers: Premier Partners must exclusively use Marine Ceramics products on customer boats referred by Marine Ceramics.

2. Brand Representation

·       Company Apparel: Premier Partners are required to wear Marine Ceramics provided apparel while performing services.

·       Warranty Registration: Premier Partners must register customers for the surface warranty.

3. Partner Responsibilities

·       Professional Conduct: Premier Partners shall conduct all business activities in a manner that upholds and enhances the reputation of the Marine Ceramics brand.

·       Training: Premier Partners are responsible for ensuring that their staff are properly trained in the application and maintenance of Marine Ceramics products.

4. Liability and Confidentiality

·       Liability: Premier Partners are fully responsible for the application and use of Marine Ceramics products and shall hold Marine Ceramics harmless from any related claims or liabilities.

·       Confidentiality: Premier Partners must not disclose the terms of this agreement, including costs and fees, to third parties.

    5.   Insurance Requirement

·        Insurance Coverage: Premier Partners are required to maintain adequate insurance coverage, including liability insurance, to cover potential damages or issues arising from the use and application of Marine Ceramics products. Proof of insurance must be provided upon request. 

6. Payment and Job Completion

·       Deposit Handling: To ensure optimal service and customer satisfaction, Marine Ceramics will collect a deposit and final payment for the job. The deposit will be held by Marine Ceramics until the job is scheduled and work begins. At that point, the remaining deposit will be disbursed to the Premier Partner less applicable fees, product costs, credit card fees, and other expenses.

·       Final Payment Collection: The final payment will be collected by Marine Ceramics upon job completion. This payment will be held until the customer confirms satisfaction, the warranty is registered, and all terms have been met. Once these conditions are fulfilled, Marine Ceramics will promptly release or transfer the final payment to the Premier Partner.

·       Timely Release: Marine Ceramics is committed to the timely release of funds, ensuring that payments are processed quickly upon verification of job completion and adherence to all agreed-upon terms.

7. Ongoing Responsibilities

·       Future Services: All future inspections, maintenance, or reapplication services must be coordinated through Marine Ceramics, recognizing the customer as belonging to Marine Ceramics.

8. Compliance and Termination

·       Compliance: Failure to adhere to these terms will result in termination of the Premier Partner status.

·       Discontinuation: The Company reserves the right to discontinue the Premier Partner status at any time without notice or cause.

·       Modification: The terms of this agreement may be amended by Marine Ceramics at any time without notice.

Digital Acceptance By signing below, the Partner acknowledges and agrees to be bound by the terms and conditions outlined in the Marine Ceramics Authorized Partner Agreement and any applicable Premier Partner Addendum. The Partner understands that their electronic signature constitutes a legally binding agreement equivalent to a handwritten signature.