Agreement Between Applicant and Modloft

Applicant is interested in selling Modloft products on their website or physical retail location. All terms below are agreed to and understood by the applicant at the bottom of the document. Any violation of the terms below may lead to the termination of any business relationships. Applicant acknowledges and agrees that any violation of the terms of this agreement constitutes good cause for the termination of the agreement and our business relationship.

Product Selection - The Applicant is limited to the product that is provided to them. A High Resolution Photo Library and Pricelist are available once applicant is approved by Modloft.

Freight - By default, Modloft will handle all logistics for deliveries, unless Applicant requests to handle logistics independently. Modloft will not negotiate any freight nor be responsible for any costs or damages associated with freight, if Applicant arranges their own logistics. Modloft will be responsible for having the merchandise ready for pick-up and notifying the delivery company. All freight will be billed directly to the Applicant.

Auctions & Marketplaces - Modloft merchandise cannot be advertised or sold on any auction website, including eBay, nor any marketplace, including Amazon.

MAP & MSRP - Applicant must maintain retail pricing of all products featured on their website based on the provided MSRP & MAP prices. If the website is found not to comply with the MSRP & MAP, a letter of non-compliance will be e-mailed. If non-compliant product is not corrected or deleted from the Applicant's website within 48 hours, all shipments to dealer will be suspended until corrections are made.

Limitations - Retailer shall not purchase, manufacture, reproduce or assist any other entity in designing, developing, or manufacturing any furniture product that utilizes any design, equipment, or technology provided by Modloft.

Image License & Copyright - All content included on Modloft CD, website, or catalog, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Modloft and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Modloft and protected by U.S. and international copyright laws.

License & Image Access - Modloft grants you a limited license to access and make commercial use of these images and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Modloft. This license does not include any resale or commercial use of these images or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these images or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These images or any portion of the Modloft catalog or website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Modloft. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Modloft.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Modloft's name or trademarks without the express written consent of Modloft. Any unauthorized use terminates the permission or license granted by Modloft. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Modloft.com so long as the link does not portray Modloft, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Modloft logo or other proprietary graphic or trademark as part of the link without express written permission.

Returns & Exchanges - Modloft takes every step possible to ensure your orders arrive in the best condition possible. All shipments should be inspected upon delivery, and any claim should be made within 48 hours of receipt of merchandise. Items that are not damaged are subject to a 25% restocking fee and notification of return must be made no later than 48 hours after receipt of merchandise. Shipping charges are not refundable. End-user is responsible for repackaging and return transportation. Returned items must be shipped back to Modloft in its original packaging, with no signs of use, wear or damage. Upon receipt, Modloft will inspect the package for any damage and reserves the right to partially or wholly accept or deny the return.

Payment - All Purchase Orders must be paid at time of shipping, unless otherwise agreed. Applicant must supply credit card information prior to placement of first order, which will be kept in a secure file for future orders. Modloft cannot allocate, reserve, or ship any purchase orders that are not approved at time of purchase. If payment set up as "terms", I INDIVIDUALLY, PERSONALLY, ABSOLUTELY AND UNCONDITIONALLY GUARANTY to Modloft (and any person or firm Modloft may transfer its interest to) all payments and other obligations owed by applicant to Modloft under agreement. I will also pay all reasonable costs and fees incurred by Modloft in enforcing this Guaranty. This Guaranty shall be governed by the laws of Florida. I FREELY CONSENT TO PERSONAL JURISDICTION IN THE FLORIDA COURTS INCLUDING WITHOUT LIMITATIONS THE CIVIL COURT OF THE CITY OF MIAMI AND I WAIVE TRIAL BY JURY. This Guaranty will bind my heirs representatives and successors. By aggreeing to and submitting this application, you hereby accept this Personal Guaranty.

Customer Service - Modloft phone number should never be given to the end user. Any questions from the end user must be directed to the Applicant. The Applicant may call or email Modloft's customer service department for help with any questions.

Online Retail – Minimum sales quotas are enabled for authorized online only retailers. Online retailers must meet monthly purchases no less than $15,000 per month to remain active. An initial period of 6-9 months will be granted to reach the required level. If minimum sales levels are not reached in the specified time frame, account may be subject to closure, with or without advance warning.