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OE WHEELS DEALER APPLICATION

866-273-3651 | sales@oewheels.com

General Information

Billing Address
Shipping Address
Accounts Payable Contact

BUSINESS AND CREDIT INFORMATION

Terms will be determined with overall credit application.

PRINCIPALS OR OFFICERS

BUSINESS/TRADE REFERENCES

*BUSINESS/TRADE REFERENCES REQUIRED SINCE TERMS WAS SELECTED AS A PAYMENT METHOD

Reference 1

BANK REFERENCES

DOCUMENTATION

Please upload a .zip file with the following documents.
  • Form W9 (Download)
  • Sales Tax Exemption Certificate
  • Picture of Company Credit Card (front and back)
How to videos: Create .zip file on Mac / Create .zip file on PC

RESALE CERTIFICATE

In compliance with SALES & USE TAX LAWS, it is necessary that we have the following information from all of our customers

  1. SIGNED Resale Certificate (see below), with State Sales Tax Permit Number to show merchandise purchased for resale;
  2. Copy of Sales/Use Tax or Exemption Certificate provided by State.

Please complete the form below, including an authorized signature and address, and return with a copy of your State Resale/Exemption Certificate.

This certificate is invalid unless all four (4) sections are completed by the purchaser. Your dealer application must include this signed certificate or your purchases will be charged sales tax

The purchaser hereby claims exemption on the purchase of tangible personal property and selected services made under this certificate from OE Wheels, LLC and certifies that this claim is based upon the purchaser's proposed use of the items or services, or the status of the purchaser.

Basis for exemption claim

In the event this claim is disallowed, the purchaser promises to reimburse the seller for the amount of tax involved.

MAP AGREEMENT

OE Wheel Distributors, LLC and its subsidiaries or brands including, but not limited to 4PLAY® Wheels, DEFIANT® Wheels, and OE Wheels Replica, has unilaterally decided that its business interests are best served through the adoption of a minimum advertised price ("MAP") policy for its products. OE Wheel Distributors, LLC, manufactures and markets products under the multiple premium brands, which identifies those products to the consuming public as having characteristics of excellence and superior quality. OE Wheel Distributors, LLC has invested significant resources in product innovation, development, and marketing to build and maintain its reputation for high quality and to generate goodwill in all the OE Wheel Distributors, LLC brands. This MAP policy is designed to: (1) help ensure its products' quality, reliability, and safety; (2) support the OE Wheel Distributors, LLC brands as premium product offerings; and (3) support OE Wheel Distributors, LLC wholesalers and retailers to provide top-level service to their customers. This MAP policy has been unilaterally developed and adopted by OE Wheel Distributors, LLC and will be unilaterally enforced by OE Wheel Distributors, LLC. The business relationship between OE Wheel Distributors, LLC and each of its wholesalers and retailers remains an “at will” business relationship.

OE Wheel Distributors, LLC reserves the right to terminate such business relationships without cause and at any time.

Approved Marketplaces

Brand Amazon Website eBay Walmart Target Other
OEW Replica Yes Yes Yes Yes Yes Yes
4PLAY® Wheels No Yes Yes Yes Yes Yes
DEFIANT® Wheels No Yes Yes Yes Yes Yes
Read More
INTELLECTUAL PROPERTY RIGHTS

OE Wheel Distributors, LLC is the sole owner of all intellectual property rights associated with its branded products, including but not limited to all patents, copyrights, trademarks, trade names, brands, images, descriptions, and likenesses of its products ("Intellectual Property"). No alterations to OE Wheel Distributors, LLC’s Intellectual Property will be allowed without prior written consent from authorized OE Wheel Distributors, LLC personnel. OE Wheel Distributors, LLC reserves the right to revoke Intellectual Property usage privileges at any time for any reason without prior notification or warning to any user.

OE WHEEL DISTRIBUTORS, LLC ADVERTISING CONTRIBUTIONS

To support its wholesalers and retailers, OE Wheel Distributors, LLC contributes the cost of all marketing materials such as catalogues, merchandising solutions, public relations, traditional and digital media investments to support its products’ brand and in doing so furnishes a limited right to use OE Wheel Distributors, LLC’s Intellectual Property for the express purpose of supporting its wholesalers and retailers’ advertising of all OE Wheel Distributors, LLC products. All advertisements using OE Wheel Distributors, LLC products or any OE Wheel Distributors, LLC’s Intellectual Property must fully comply with all local, state and federal laws on advertising.

POLICY COVERAGE

This MAP policy applies to all OE Wheel Distributors, LLCs’ 4PLAY® Wheels, DEFIANT® Wheels, and OE Wheels Replica products sold by its wholesalers and retailers in the United States. This MAP policy applies to the advertisement of all 4PLAY® Wheels, DEFIANT® Wheels, and OE Wheels Replica products in all media including, without limitation, flyers, posters, electronic media, television, radio and public signage, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, direct emails, and all “Online Advertising.” Online Advertising specifically includes “shopping carts,” “member prices,” “logged-in” customer areas, prices shown in any online “checkout” function and any communication or display of a price accessible by a search engine, web crawler, and/or specialized shopping and pricing engines. Advertising includes any websites or other places accessible by the internet including, without limitation, auction sites (e.g., eBay and Buy-it-Now). Advertising also includes in-store signage within a brick-and-mortar store.

If an image of a Product is shown in any Online Advertising, the MAP price for that Product must also be shown in that advertisement. (This requirement will not apply to advertising that conveys general information about the Product or the OE Wheel Distributors, LLC brands for the purpose of inducing the potential customer to seek additional information about the Product or the OE Wheel Distributors, LLC brands and that does not solicit the purchase of the Product directly (e.g., a banner advertisement on a wholesaler or retailer website without a price.)

Advertising in a way that (a) suggests that the wholesaler or retailer is offering a Product at prices below MAP or (b) otherwise solicits potential customers to place the Product in another stage of an online transaction that ultimately displays a price lower than the MAP, is a violation of this Policy.

  • Examples of such violations include, without limitation, “prices too low to mention,” or “our manufacturer won’t let us tell you the price,” “click for price,” “mouse over for price,” a MAP strike-through (example: $339.99), “see final price at check out,” or “call for price.”
  • Rounding down the price to the nearest dollar, e.g., $399, rather than $399.99, will constitute a violation of this Policy. From time to time, OE Wheel Distributors, LLC may offer special promotions on the Products. Advertising in violation of any discount program terms will also constitute a violation of this Policy.

Advertising “financing” or “free shipping” is not a violation of this Policy.

Two or more Products may be featured in the same ad, if the advertised prices for the Products are not below the MAP price (or, if two or more Products are advertised at a single bundled price, the combined advertised price is not below the combined MAP for the two or more Products).

A wholesaler or retailer that fulfills orders for another company that advertises Products on behalf of such entity will be in violation of this Policy, unless such wholesaler or retailer causes the unauthorized entity to discontinue the advertising that violates this Policy within forty-eight (48) hours from notification by OE Wheel Distributors, LLC of such violation.

This MAP policy also applies to all OE Wheel Distributors, LLC products sold via any wholesaler or retailer website, including but not limited to an original company website and/or any/all affiliate websites where wholesalers and retailers advertise OE Wheel Distributors, LLC products electronically.

RETAIL MINIMUM ADVERTISED PRICE POLICY

The Minimum Advertised Price (“MAP”) for all OE Wheel Distributors, LLC products is the price (for example: $330.00 on P/N 9510963) as listed on the current published 4PLAY® Wheels, DEFIANT® Wheels, and OE Wheels Replica retail websites or in our Price List’s Column “MAP” provided to its wholesalers and retailers.

MAP POLICY NONCOMPLIANCE

OE Wheel Distributors, LLC shall unilaterally determine any noncompliance with this MAP policy. OE Wheel Distributors, LLC will not accept any communication from any wholesalers or retailers regarding the willingness of wholesalers or retailers to bring their advertised prices into compliance with the MAP policy. In the event a wholesaler or retailer chooses not to follow this MAP policy, OE Wheel Distributors, LLC will take the action listed on the Suspension Schedule. These actions are not debatable or appealable and will not be changed based on a wholesaler or retailer’s commitment regarding future practices.

RESALE SELLING PRICES EXCLUDED

This MAP policy does not apply to resale selling prices. OE Wheel Distributors, LLC does not establish resale selling prices. Wholesalers and retailers are always free to determine their own resale selling prices.

NO AGREEMENT IS INTENDED

Nothing in this MAP policy is to be intended to be a contract or agreement between OE Wheel Distributors, LLC and any wholesaler or retailer as to the terms of this MAP Policy.

UNILATERAL ACTION

OE Wheel Distributors, LLC will not enter any discussions with any wholesaler or retailer on any conditions of acceptance related to this MAP policy, as it is non-negotiable, and will not be altered for any wholesaler or retailer. OE Wheel Distributors, LLC neither solicits, nor will it accept, any assurance of compliance with this MAP policy from any wholesaler or retailer. It is entirely within the discretion of the wholesaler or retailer whether to comply or not comply with this MAP Policy.

MODIFICATIONS

OE Wheel Distributors, LLC will determine the MAP prices for new Products when introduced. From time to time, OE Wheel Distributors, LLC may establish or change MAP pricing for any Product. This Policy may be terminated or changed by OE Wheel Distributors, LLC at any time.

SUSPENSION SCHEDULE

FIRST VIOLATION

A First Violation occurs when a OE Wheel Distributors, LLC product is advertised in a way that (a) suggests that the wholesaler or retailer is offering a Product at prices below MAP or (b) otherwise solicits potential customers to place the Product in another stage of an online transaction that ultimately displays a price lower than the MAP. A First Violation will result in a notice and a 48-hour grace period in which the wholesaler or retailer has to comply with the MAP Policy from notification by OE Wheel Distributors, LLC of such violation.

  • A First Violation occurs when the wholesaler or retailer advertises a Product below its MAP.
SECOND VIOLATION

Second Violation occurs when a OE Wheel Distributors, LLC product is advertised in a way that (a) suggests that the wholesaler or retailer is offering a Product at prices below MAP or (b) otherwise solicits potential customers to place the Product in another stage of an online transaction that ultimately displays a price lower than the MAP after the 48-hour grace period. A Second Violation will result in a second notice and suspension of all shipments of OE Wheel Distributors, LLC Products and suspension of the wholesaler or retailer’s license to use OE Wheel Distributors, LLCs’ Intellectual Property for thirty (30) days from notification by OE Wheel Distributors, LLC of the Second Violation.

  • A Second Violation occurs when the wholesaler or retailer advertises a Product below its MAP directly subsequent to the commission of the First Violation, or within twelve (12) months after the wholesaler or retailer committed the First Violation.
THIRD VIOLATION

A Third Violation will result in termination of the wholesaler or retailer authorization by OE Wheel Distributors, LLC to market and sell the Products and termination of the wholesaler and retailer’s license to use OE Wheel Distributors, LLCs’ Intellectual Property. The wholesaler and retailer will be placed on a do not sell, do not ship list.

  • A Third Violation occurs when the wholesaler or retailer advertises a Product below MAP directly subsequent to a Second Violation or within twelve (12) months after the wholesaler or retailer has committed the Second Violation.

TERMS & CONDITIONS

Payment made to Seller must be made without discount in United States dollars pursuant to the terms set forth by agreement between Buyer and Seller. In the event Buyer does not pay amount due pursuant to the terms of this agreement between Buyer and Seller. Buyer agrees to pay a delinquent interest charge of 1.5% per month pursuant to the laws of the State of Florida. Checks returned from the bank for insufficient funds or stop payments are subject to a fee of $30.00. Buyer agrees to immediately examine product upon receipt of delivery by Seller. Buyer agrees to advise Seller of any defective product within five (5) days of receipt. Buyer also agrees to examine all of Seller's invoices and statements, and will advise Seller of any transaction disputes within ten (10) days of receipt in writing. Failure to notify Seller of any dispute or defective goods within the above timeframe shall constitute a complete waiver of any and all such disputes. Buyer may only return product with prior authorization: all returns must be accompanied with an RMA number written on the outside of the container. Return authorization will only be given within thirty (30) days of purchase. Returns are subject to a 20% restocking fee.

Seller may, at any time without notice, cancel all credit available to Buyer and refuse to make any further credit advances. In the event Seller determines that information contained on this Dealer Application is false and misleading, or if Seller receives other false or misleading credit information from Buyer of any nature, Seller may without further notice cancel any orders in house, or any deliveries in progress to Buyer. Any false or misleading information by Buyer shall be construed as a material default and any invoices outstanding shall be immediately due and payable in full. Applicant will notify OE Wheels, LLC in writing of any business changes in statue (i.e. new owner, becomes incorporated, loses a partner, changes banks, etc.).

AUTHORIZATION: I/We individually, as principal(s) or officer(s) of the company hereby authorize and request OE Wheels, LLC to consider my company's application, and authorize my personal, credit reporting agencies, company creditors and business references to provide information to OE Wheels, LLC Credit Department in conjunction with this application.

PERSONAL GUARANTEE

I/We, the undersigned and each of us , in consideration of any and all credit granted by Seller, guaranty prompt payment when due of any and all indebtedness now due or which may hereafter become due from said entity to Seller. This shall be a continuing guaranty and shall not be revocable, except upon actual receipt of Seller or written notice that we, or any of us, revoke said guaranty as to transactions s become due from said entity to Seller. This shall be a continuing guaranty and shall not be revocable, except upon actual receipt of Seller or written notice that we, or any of us, revoke said guaranty as to transactions subsequent to the date such notice is received and, in such event, I/we shall continue to be responsible for any and all transactions which occurred prior to the date Seller actually received said notice. Guarantor agrees to be bound by each and all of the terms and conditions set forth in the Dealer Application herein. The liability of the undersigned shall not be affected or prejudiced by the acceptance of a note or other indulgence granted to the applicant, or by any agreement affecting said indebtedness, and the undersigned hereby waive notice of all aforesaid. The filing of a suit or exhaustion of legal remedies against the applicant shall not be a condition precedent to the enforcement of this guaranty, and the undersigned hereby expressly waives any prior notice of applicant's default. GUARANTOR'S WAIVERS: Except as prohibited by applicable law, Guarantor waives any right to require Seller: (a) to make any presentment, protest, demand or notice of any kind, including notice of any nonpayment of the indebtedness or of any nonpayment related to any collateral, or notice of any action or non-action on the part of Buyer, Seller, any surety, endorser, or other guarantor in connection with the indebtedness or in connection with the creation of new or additional sales; (b) to resort for payment or to proceed directly or at once against any person, including Buyer or any other guarantor; (c) to proceed directly against or exhaust any collateral held by Seller from Buyer, any guarantor, or any other person; (d) to pursue any other remedy within Seller's power. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS: Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. The Seller will be reimbursed for reasonable attorney's fees and cost of collection on any past due bill, regardless of whether judicial action is undertaken. The Buyer agrees that jurisdiction and venue for any dispute under this contract are proper in Hillsborough County, State of Florida.

ELECTRONIC SIGNATURE AGREEMENT

¹By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions......