You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause DECKadence LLC, irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you directly or indirectly, or any subscriber or end-user, may be enforced by DECKadence LLC, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You may not and may not directly or indirectly permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from DECKadence LLC, or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of DECKadence LLC, distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
DECKadence LLC, established a Minimum Advertised Price (MAPS) or our Marine Flooring products with respect to products for which a Minimum Advertised Price will be specified on the current DEALER price list and/or on the DECKadence Marine website. Dealer agrees to comply with the MSRP minimum advertised prices, and advertise equal to or greater than the MSRP prices indicated on the website marineflooring.net.
In the event dealer advertises less than the minimum advertised prices or MSRP, It is DECKadence LLC, unilateral policy to allow twenty-four (24) hours to bring advertising into compliance or DECKadence LLC. DECKadence LLC will cease supplying the product in question to any dealer whose advertising of the product (or to any distributor who sells to a dealer whose advertising of the product) (i) fails to display a price equal to or greater than the Minimum Advertised Price for the product as specified on the current DEALER PRICE LIST and/or on the marineflooring.net site (MSRP) price list. (ii) contains a price lower than the Minimum Advertised Price set forth in the current MSRP LIST, unilateral policy is to cease supplying for an undisclosed period.
This policy applies to all forms of dealer, affiliate or distributor advertising including mailings, catalogs, displays at consumer exhibitions and shows, and any and all other forms of advertising media, including, without limitation, the Internet and any other electronic network.
THIS AGREEMENT by and among DECKadence LLC a NV LLC (hereinafter “DECKadence” or “Company”), and DECKadence authorized Dealers (hereinafter “DEALER”). Wherever used in this Agreement, the parties’ respective designations shall include any and all subsidiaries, officers, directors, agents, and other employees or contractors of the parties.
WHEREAS DECKadence wishes to sell products to DEALER at wholesale pricing, and utilize DEALER’S services to effect wholesale and retail sales of the product and related materials using the DMF proprietary methods and business formats, and the parties jointly wish to clarify their working relationship;
in consideration of the foregoing and mutual covenants contained herein, and other valuable consideration, the sufficiency of which is acknowledged by the parties hereto, on behalf of themselves and/or their assigns, the parties agree as follows:
The parties acknowledge, warrant, represent and agree that the above recitals to this agreement are true and correct in all material respects and are incorporated herein by reference.
The parties hereby acknowledge that during the course of the relationship contemplated by this Agreement, the other will become familiar with secret or confidential proprietary information pertaining to the business of the other, including without limitation, services, products, systems, programs, procedures, manuals, guides, confidential reports and communications, processes, suppliers, costs, list of clients, and list of prospects of the other.
The parties further acknowledge that any information and materials received from third parties in confidence shall be deemed to be and shall be confidential information within the meaning of this section. The parties agree that neither will, except with prior written consent of the other, or except if acting as an agent of the other solely for the benefit of the other in connection with the business contemplated herein and in accordance with the other’s established business practices, directly or indirectly, divulge, reveal, report, publish transfer or otherwise disclose for any purpose whatsoever, or appropriate for that party’s own use, any of such confidential information which has been attained by or disclosed to that party as a result of its dealership with the other as contemplated hereunder, during the relationship created hereunder, or thereafter. The parties hereby acknowledge and confirm that such information is the exclusive property of the other.
DEALER will not directly or indirectly, either during, or for the period of five (5) years after termination of dealership, either for himself or for any other person, firm, or corporation take any action or perform any services which are similar to the actions taken or services performed by DEALER for Corporation during said time, where such actions or services are designed to or in fact call upon, compete for, solicit, divert, or take away, or attempt to divert or take away, any of the customers, suppliers, or techniques, including but not limited to the sale, distribution or marketing of any other flooring, marine flooring, that may resemble DECKadence in appearance, functionality or both.
DEALER further agrees not to recruit or and assist any other entity in recruiting any other employee who worked for Company during the last twelve (12) months he or she worked for Company.