1) Purpose
This Purpose of this agreement sets out the agreed terms for the use of Monarch Water Logo, Trademarks and Tradenames by and product pictures by the “Distributor” of Monarch Water products and any associated brand names i.e. Scaleout, PRORO etc. A full list of applicable names is available on written request.
The agreement covers the purchase and resale of the Monarch Water and associated branded products.
Monarch Water reserves all its rights with regard changes and intellectual properties, actual or implied.
2) Responsibility of Distributor
Distributor Shall:
- Market Monarch Water products, in an approved and sensible manner, respecting and protecting Monarch Water intellectual property and descriptions and will alter the materials used if requested to by Monarch Water, as soon as is practically possible, with a time limit in all instances of 5 working days
- Any pictures / data placed for reference on a website should be approved for use by Monarch Water, taking into account the context. Distributor agrees to immediately remove from the internet any content related to the Products at the request of Monarch Water.
- Treat all Monarch Water information and intellectual property as confidential.
- Maintain at all times an ethical approach to the marketing and sale of the products
3) Term and Termination
The term of the agreement shall be annual rolling, with automatic renewal unless terminated by either party.
Unless otherwise provided in applicable law, said Distributor may terminate this agreement with 30 Days written notice and Monarch Water may terminate this agreement immediately in the event of bankruptcy or insolvency of said Distributor, Distributor failure to pay amounts owing to Monarch Water when due or Distributor deemed to be bringing Monarch Waters name or products or associated items into disrepute or the breaking of confidentiality, or Distributor does not rectify errors notified to them by Monarch Water within 5 working days.
4) Trademarks / Trade Names
In this agreement, said Distributor is hereby licensed to use Monarch Water name, logo, product pictures and trademarks only, in the normal course of distributing Monarch Water branded products and performing related services under this Agreement. Distributor agrees not to use Monarch Water name at any time, and as part of Distributor’s name or in any manner which would misrepresent the relationship between Distributor and Monarch Water. Distributor may represent itself as an “authorised Distributor” of Monarch Water products only, and, with prior written approval from Monarch Water, may use Monarch Water name and product related trademarks on signs or other advertising or promotional material. Distributor’s license to use Monarch Water name and trademarks is strictly limited to Monarch products only i.e. Ultimate softeners, Scaleout etc and Distributor shall abide by restrictions and limitations imposed by Monarch Water from time to time. Upon termination of this Agreement, Distributor shall immediately cease representing itself as a Distributor of Monarch Water and associated brands i.e. Waterglade and shall cease use of all Monarch Water names and trademarks and any signs or other material, of whatever nature, identifying Distributor as a Distributor of Monarch Water shall be removed or obliterated.
5) General
- Distributor is not an agent of Monarch Water nor is Distributor authorised to incur any obligations or make any representations on behalf of Monarch Water.
- This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns.
- Distributor may not assign this Agreement or any provisions thereof to another Distributor or party without the written approval of Monarch Water.
- If any provision of this Agreement shall be held unenforceable, then the remainder of this Agreement shall not be affected thereby.
- No waiver by Monarch Water of any default under this agreement by Distributor shall be deemed a waiver of any prior or subsequent default by Distributor hereunder.
- Monarch Water reserves the right to modify and/or update this agreement consistent with the modification and/or updating of all agreements Monarch Water has with other similar Distributors, and replace or substitute such modified or updated agreement for this agreement and such replacement or substitution shall not constitute termination of this agreement. Failure of Distributor to execute such replacement or substitution agreement within 30 days of it being offered shall constitute automatic termination of this agreement by Distributor.
- This agreement will be governed by the laws of England and Wales
6) Sales territory – EU
In conjunction with official Monarch Water EU Trading Agreement – full details on request