Traeger Dealer Agreement 2014

2014 CONFIDENTIAL AUTHORIZED DEALER AGREEMENT

The undersigned (the "Dealer") is applying to become an authorized dealer of products manufactured by Traeger Pellet Grills, LLC ("Traeger").

Traeger Authorized Dealer Program Features

Factory Service

Training

Freight Program

Early Buy Program

Commercial Loaner Program Free POS Materials

Employee Purchase Program Sales Lead Forwarding

Dealer Web Resources

The following information, which the undersigned warrants to be true and correct, is submitted as a basis for considering this Application.

Dealer's Legal Name:

In Business Since:

d/b/a:

Fed. Tax No.

Dealer's Store Address:

Street

City

State

Zip

Dealer's Shipping Address:

Street

City

State

Zip

Dealer's Mailing Address:

Street

City

State

Zip

Dealer's Phone:

State of incorporation or registration of partnership:

Dealer does business as a: Corporation Partnership Sole Proprietorship Limited Partnership Limited Liability Company

Owner or Managers name:_______________________________________ Email Address:______________________________________________

Demo Persons name:___________________________________________ Email Address:______________________________________________

As an "Authorized Dealer", Dealer agrees to develop and promote the sale of Traeger's products through live demonstrations, promotions, and campaigns. Dealer agrees to comply with Traeger's policies and procedures announced from time to time.

Dealer agrees that it will not distribute, sell, promote or market competing non-Traeger barbeque pellets for use in Traeger grills. Dealer shall be entitled to carry and sell specialty barbecue pellets sold in bags weighing less than three pounds. Dealers who violate this can be removed from the Traeger dealer locator and may be ineligible for warranty labor and replacement parts program.

Dealer acknowledges the use of non-Traeger barbeque pellets in Traeger grills voids the Traeger warranty.

Dealer agrees to comply with all of the rules and regulations of the Traeger Advertising Policy.

Dealer acknowledges that all orders will be provided on a C.O.D. basis until Dealer's credit is approved. Dealer authorizes Traeger and Traeger's Distributor to investigate Dealer's credit with trade and banking references, as reasonably necessary from time to time. Accounts are due and payable according to the terms stated on each invoice; Dealer agrees to remit payment in accordance therewith. Dealer further acknowledge(s) that payment terms and any credit approvals are subject to change without notice. Any amounts past due shall be subject to finance charges of the greater of one and one-half percent per month or the maximum amount allowed by law.

Dealer agrees that in order to induce Traeger or Traeger's Distributor to extend credit, the proper venue, situs and governing law for any suit to collect unpaid amounts shall be the same jurisdiction in which Traeger's or Traeger's Distributor's office is located. In addition to any other relief awarded, Traeger or the Traeger Distributor shall be entitled to recover its attorneys' fees and court costs.

Dealer acknowledges that the trademarks, brand names, logos, graphics, designs and goodwill associated with Traeger and its products ("Traeger's Marks") are owned exclusively by Traeger. Dealer shall have a limited license to use Traeger's Marks solely with respect to the performance of its duties hereunder. In no event shall Dealer (i) incorporate any of Traeger's Marks into its trade, business or domain name; (ii) register any mark, domain name, logo or graphic confusingly similar to any of Traeger's Marks; (iii) contest Traeger's right, title or interest in or to any of Traeger's Marks; (iv) or otherwise do anything inconsistent with Traeger's ownership of its Marks. Traeger or Traeger's Distributor agrees to ship products ordered by Dealer, subject to availability and to reasons beyond its control, at the prices set forth in each applicable invoice and subject to Traeger's terms and conditions of sale, including Traeger's warranty terms.

Subject to acceptance by Traeger, the relationship arising as a result of this Application shall remain in effect throughout the 2014 calendar year, Traeger and Traeger's Distributor reserves the right to terminate the dealership at any time, with or without cause on 30 days notice.

IN WITNESS WHEREOF, the undersigned has signed this Confidential Authorized Dealer Application this ________ day of __________________________, ________.

SIGNED BY:

TITLE:

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