MISS MAHJONG’S CUSTOMER PROTECTION AGREEMENTThis Agreement is between the signed wholeseller (“CUSTOMER”) and MISS MAHJONG.THIS MISS MAHJONG CUSTOMER PROTECTION AGREEMENT (“Agreement”) is made as of Date* (the “Effective Date”), by and between MISS MAHJONG, a L.L.C., with its principal place of business located at 6446 E Central #274, Wichita, KS 67206; and the wholeseller, First Name* Last Name* (“CUSTOMER”), with their principal place of business located at: Street Address* City* State* Zip* .In consideration of the mutual promises and covenants herein, MISS MAHJONG and CUSTOMER (“Parties”) do hereby agree as follows:
MISS MAHJONG and CUSTOMER (“Parties”) agree as follows:1. PURCHASE AND SUPPLYMISS MAHJONG will sell to CUSTOMER, and CUSTOMER shall, from time to time, purchase the Products from MISS MAHJONG. CUSTOMER will only sell or provide MISS MAHJONG products to end users, and CUSTOMER will not supply MISS MAHJONG products to any re-sellers or retailers, including, but not limited to, any website including instagram.com, etsy.com, amazon.com, and ebay.com.2. CUSTOMER’S QUALIFICATIONSAt the time of any wholesale purchase, CUSTOMER shall have an operating brick and mortar storefront, or in the process of opening a storefront.3. NO INTERNET SALES POLICYAs a material condition to this Agreement, CUSTOMER must agree to MISS MAHJONG’ ‘No Internet Sales Policy.’ The terms and conditions of MISS MAHJONG’ No Internet Sales Policy are hereby adopted. CUSTOMER agrees that it will not resell, sell, make any reference to prices/pricing, display MISS MAHJONG images, trademarks, coupon codes or distribute any of the products using the internet, any internet device or other electronic medium or device.
CUSTOMER may, however, refer to MISS MAHJONG and the Products on its Internet Site and may include a link to MISS MAHJONG’ website in the form of a standard web link (i.e. MissMahjong.com). CUSTOMER shall abide by this Policy and any modifications that may, from time to time, be implemented by MISS MAHJONG.4. TERMINATION AND LIQUIDATED DAMAGESThis Agreement may be terminated by either party at any time, with or without cause. CUSTOMER’s failure to comply with the terms of this Agreement and/or MISS MAHJONG’s No Internet Sales Policy is a breach of contract, resulting in immediate termination of CUSTOMER’s right to purchase any Products. MISS MAHJONG reserves the right to enforce its statutory rights to recover damages against Customer for trademark infringement and the like.5. ENFORCEABILITY, CHOICE OF LAW, VENUE, AND JURISDICTIONFailure to enforce any of the terms and conditions of this Agreement shall not be deemed a waiver of such terms or conditions, or of future rights to enforce all terms and conditions. Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of Kansas. Jurisdiction and venue shall rest exclusively in Sedgwick County, Kansas. Each party waives any and all rights to object to jurisdiction and venue in Sedgwick County, Kansas. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other legal or equitable relief to which such party may be entitled.THE UNDERSIGNED REPRESENTS AND AFFIRMS THAT HE OR SHE HAS THE AUTHORITY TO BIND THE CUSTOMER AND/OR HAS BEEN GIVEN PROPER AUTHORITY BY THE CUSTOMER TO SIGN THIS CUSTOMER PROTECTION AGREEMENT AND ENTER INTO THIS TRANSACTION.6. CUSTOMER SIGNATURECustomer Name:First Name* Last Name* Business Name:Business Name* Date: Date*