Dealer Application Form Topic* First Name* Last Name* Job Title Company Name Email Legal Business Name* DBA* Address* Country* Phone Number* Owner Name* Website* Owner Phone Number* Owner Email* Accounting Contact Accounting Phone Number Accounting Email Shipping Address* Shipping Phone Number* Shipping Contact* Click here if shipping address is a residential address Residential Brands you would like to carry* Cabrinha Kites Cabrinha Wings Dakine Wind Dakine Waterwear Please select at least one option. Store Description: Ski, Bike and Watersports* Water Sport Specialty KiteSurf Windsurf/Wing Winter Sport Specialty Outdoor Specialty Sporting Goods Snow / Ski / Snowboard Active Lifestyle Bikes Others Please select at least one option or fill in the "Others" field. School/Rental Center Information (check all that apply) Standup Paddle Rentals Snowboard Rentals Kitesurf School Wingfoil School Existing Account Brands* Please list existing brands of Kitesurf, Wingfoil, Standup Paddle, Windsurf, Snowboard and Wetsuit/Waterwear available through this account. Payment Information If paying by credit card fill in only required items, credit card agreement, expiration date and submit photo of cc. If applying for terms continue from credit application on. Payment type* Credit Card Payment Terms Credit Card Agreement Expiration Date November JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2024 195019511952195319541955195619571958195919601961196219631964196519661967196819691970197119721973197419751976197719781979198019811982198319841985198619871988198919901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045204620472048204920502051205220532054 CREDIT APPLICATION Business Organization Type* State of Incorporation:* Federal ID (USA Only): Primary Bank Name: Bank Account Number: Bank Telephone Number: Name of Bank Officer: Bank Address: Line of Credit Amount at Bank (USD): PRINCIPLE / OFFICERS INFORMATION ONLY Name:* Social Security Number / ID Number Country: US Address:* Telephone Number:* Cell Phone:* Email Address:* Ownership%: Trade References (Please include company name, contact, phone number): Bankruptcy Check here if you (or your company) have ever had bankruptcy protection. In Which Year?: Agreement By checking here and executing this account agreement, the account attests to the accuracy of all information supplied and is authorizing the listed trade and banking references to release any information necessary to Adventure Sports Inc in its consideration to the establishment of account credit terms. Personal Guarantee Yes No Guarantee Terms For good and valuable consideration received, the undersigned Principal, guarantees to Adventure Sports Inc., from property held separately, jointly, or in community, the prompt and unconditional performance of any and all obligations, liabilities and contracts, on which the obligor is in any manner obligated, heretofore, now or hereafter owned, contracted or acquired by you ("Liabilities of obligor"), whether the Liabilities of obligor are individual, joint, several, primary, secondary, direct, contingent or otherwise. If obligor fails to pay any Liabilities of obligor to Adventure Sports Inc. when due, all Liabilities of obligor to Adventure Sports Inc. shall be deemed to have become immediately due and payable, and the undersigned shall them pay upon demand the full amount of the principal charges remaining unpaid there under and interest on the principal charges to the maximum extend permitted by applicable state law, together with all expenses, including reasonable attorney's fees if placed with an attorney for collection, at the trial and appellate levels. Venue of any litigation arising out of this agreement shall be in Dade County, Florida. The liability of the undersigned is direct and unconditional and shall not be affected by any extension, renewal or other change in the terms of payment between Adventure Sports Inc. and obligor, or any change in the manner, place or terms of payment or performance thereof, or the release, settlement or compromise of and/or with any party liable for the payment or performance thereof, any change in obligor's financial condition, or the interruption of business relations between Adventure Sports Inc. and obligor. This guaranty shall be continuing, and shall not be terminated by the undersigned so long as any sums owing to you by obligor remain outstanding and unpaid. Adventure Sports Inc. needs not exhaust its rights of recourse against obligor or any other person or any security you may have at any time before being entitled to payment from the undersigned. This guarantee is assignable by you; and shall be construed liberally in your favor, and shall insure to and bind your and our respective successors, personal representatives and assigns, and also any of your existing or future affiliates which may extend credit to obligor. If obligor hereafter is acquired by a corporation or changes the name of the corporation set forth above, the undersigned obligations under this Guarantee shall extend to any liabilities of the new corporation to Adventure Sports Inc.. Each of the undersigned guarantor(s) hereby waive notice of the acceptance of this guarantee, and of presentment, demand and protest and notices of nonpayment and dishonor, and any other demands and notices required by law. This document contains the full agreement of the parties concerning the guarantee of all indebtedness owed by obligor to Adventure Sports Inc.. In consideration of credit and financing accommodations granted or to be granted by you to (ACCOUNT) (hereinafter "obligor"), located at_ (ACCOUNT ADDRESS) * Note that Adventure Sports Inc. must receive an original copy of this document to be valid. Please e-mail mario@adventuresportsusa.com for more information. Name of Guarantor: Date of Birth: January JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 195019511952195319541955195619571958195919601961196219631964196519661967196819691970197119721973197419751976197719781979198019811982198319841985198619871988198919901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045204620472048204920502051205220532054SunMonTueWedThuFriSat 311234567891011121314151617181920212223242526272829303112345678910 Residence Address: TERMS AND CONDITIONS Terms of Sales Terms of sales are credit Card. We offer Net 30 Terms for approved credit accounts only. All prices are in US dollars. Credit Terms Policy To establish a credit line, complete the Credit Application. We may require you to sign a personal guarantee, UCC security agreement and financing statement in order to be approved. Credit limits are established based on credit history and the level of security that you have provided. Payment of invoices with terms, are expected in our offices on or before the due date. We will extend a grace period of 15 days after the due date of the invoice, to honor any discounts given on the shipment. NSF/Returned checks will automatically redeposited and will charge a $25.00 processing fee per check returned. Delinquent Accounts In the event that any invoice becomes 30 days late, further credit may be suspended until further notice. Accounts with suspended credit may be shipped only on Pre-payment / Credit Card basis at the discretion of the Credit Manager. Interest will be charged in the amount of 1.5 % per month or the maximum amount allowed by law on any past due invoice. In the event that any invoice becomes 60 days late, the entire account will be placed on hold with no further shipments. If the accounts remain delinquent and we cannot otherwise resolve the matter to our satisfaction, Adventure Sports Inc will place the account with the debt collection agent or attorney for immediate collection. Customer agrees to pay collection fees, including reasonable attorney's fees. Backorders If the goods are not currently on hand, they will be placed on backorder and will be shipped automatically as soon as available. Adventure Sports Inc does not provide prior notice when shipping backorders. Backorders do not cancel automatically. Returns Returns of merchandise are generally not accepted by Adventure Sports Inc. A Return Authorization number (SRR#) must be obtained before any goods are returned to Adventure Sports Inc , otherwise our warehouse will deny acceptance. Unless otherwise specified, any new in box merchandise returned, not due to warranty, will be subject to a min. restock fee of 15% of the original purchase price and the account must bear all shipping costs. Any authorized product returned with store labels and/or price tags will automatically be charged a 30% restock fee. Returns must be accompanied by the original invoice for that product. Any opened box returns, or returns of prior season merchandise will be accepted at a value determined by the manager for the product(s) being returned, or returned to the account at the account's expense. Marketing Before the use of the names, logos, likeness, and / or product images of Adventure Sports Inc, Cabrinha, Dakine, permission must be provided by Adventure Sports Inc . The approval of Adventure Sports Inc is required in order to maintain a positive brand image, artistic design, and overall good taste. Absolutely no on-line auctions are permitted. Order Cancellation by Seller Adventure Sports Inc reserves the right to cancel any order. Prices, terms and specifications are subject to change at any time. Applicant's signature attests financial responsibility, ability, and willingness to pay invoices with the terms and conditions stated in this agreement herein. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, it shall be severed from this agreement without affecting the remaining provisions. Any suit to enforce any provision of this agreement shall be brought in the Dade County Court of the State of Florida. Shipping BUYER shall pay all shipping costs. All BUYER shipping/routing instructions must be submitted to SELLER in writing at the time the order is placed. Shipments are Ex Works the SELLER distribution facility.Unless otherwise stipulated in writing at the time the order is placed, truck shipments will be shipped Freight prepaid. Another shipping choice may be utilized, at BUYER’s request, only if deemed feasible by SELLER, in its sole discretion, provided that all expenses are paid by BUYER. Seller reserves the right to ship two (2) weeks prior to the requested ship dates. SELLER shall not accept responsibility for goods lost or damaged in transit once picked up by any BUYER or its agent. BUYER must advise SELLER in writing of any errors in shipment within five (5) business days after receipt of each lot or partial shipment of goods. All shipments are subject to credit approval. Past due account, incomplete credit information, or non-conforming purchase orders will cause delay in shipment. In limited inventory situations, non-credit held dealers will receive top priority. Cancellation by Buyer No request for cancellation of an order shall be effective unless it is submitted in writing to the SELLER sales representative assigned to BUYER with a copy to SELLER at least thirty (30) days prior to the start ship date for accounts with single retail locations or at least sixty (60) days prior to the “start ship date” for accounts with multiple retail locations. Unless rejected by SELLER, Pre-Season Orders, which are defined as orders received by SELLER prior to March 1st, 2016, are considered binding and non-cancelable by BUYER. Orders being held for credit reasons are subject to cancellation by SELLER at any time up to two (2) weeks after the requested ship date. Charge Backs Except as expressly set forth on herein, all sales are final. SELLER does not, and will not, accept charge-backs of any kind from BUYER. Warranty SELLER makes no warranty whatsoever, including any warranty of merchantability or fitness for a particular purpose and HEREBY DISCLAIMS SUCH IMPLIED WARRANTIES. Seller’s responsibility for defective goods is set forth in each products limited warranty policy statement which may differ. Warranty returns shall comply with the guidelines for returns set forth above and shall be subject to confirmation by SELLER of such defect claimed Refused Orders Should BUYER refuse to accept a delivery of product that was not canceled in accordance with SELLER’s cancellation policy as described above, BUYER shall be responsible for all shipping costs resulting therefrom. In the event BUYER refuses to accept an order, then, in addition to other remedies which may be available to Seller, BUYER shall be responsible to immediately pay to SELLER a restocking fee of ten percent (10%) of the total amount due hereunder. Termination of Relationship Nothing herein shall give rise to an obligation on the part of SELLER to continue to sell product to BUYER, and BUYER acknowledges and agrees that either party may terminate its relationship with the other party with respect to future orders at any time with or without cause and with or without advance notice to the other party. Distribution / Gray Market BUYER shall: (i) sell SELLER products at authorized BUYER selling locations (new locations must be approved in advance by SELLER’s sales department) only and must only sell to customers; (ii) advertise SELLER products only in accordance with these Purchase Order Terms & Conditions (the “Terms”) and the MAP; (iii) not trans-ship SELLER products; and (iv) receive the prior written approval of SELLER’s sales department before commencing E-commerce, in which event BUYER shall follow the conditions and requirements set forth in SELLER’s E-Commerce Policy. Violations of any of the above conditions may result in suspension or loss of Authorized Dealer status and/or damages. Ecommerce / Internet Sales BUYER must receive written approval from SELLER’s sales department in order to market and sell SELLER’s products via the internet. Contact the brand’s division manager for approval. Violation of this policy may result in suspension or loss of Authorized Dealer status and/or damages. New Accounts Authorized Dealer status may be granted only after (i) approval from SELLER’s Vice President of Sales, Director of Sales division manager, or National Sales Manager (sales representatives are not authorized to approve new accounts or selling locations); and (ii) submission, receipt and review of a completed and executed Confidential Dealer Application. Credit limits are established by SELLER’s Credit Department, which may be reached at: 305-591-3922 Disputes In the event either party hereto shall institute an action to enforce any rights hereunder, including any action for collection instituted by SELLER or its assignees, the prevailing party in such action shall be entitled to seek and collect from the other party its attorneys' fees and litigation expenses. BUYER submits and consents to the exclusive jurisdiction and venue of the County or the United States District Court in any action arising out of this transaction or BUYER’s commercial relationship with SELLER. Notices All notices and requests to SELLER hereunder, including requests for returns or cancellations, shall be submitted in writing to the SELLER sales representative assigned to BUYER, with a copy to SELLER at the following address: 8800 NW 13th Terrace, unit 102 Doral, FL 33172 Miscellaneous These Terms and the entire commercial relationship between SELLER and BUYER are to be governed according to the laws of the State (without regard to conflicts of laws principles). These Terms may not be amended, modified or altered except by a written instrument executed by both parties hereto. In the event of any discrepancy between these Terms and the specific terms of any purchase order, confirmation or invoice between BUYER and SELLER with regard to the goods ordered hereby, the conflicting term of these Terms shall be controlling. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, assigns, and successors-in-interest. The waiver by SELLER of a breach of any term or condition of these Terms shall not be deemed to constitute the waiver of any further breach of such, or any other term or condition of the Terms. These Terms supersede all prior or contemporaneous written or oral agreements between the parties Required PLEASE SEND COPY OF YOUR BUSINESS LICENSE AND OR TAX CERTIFICATE. WITHOUT THIS, THE ACCOUNT WILL NOT BE OPENED. EMAIL TO MARIO@ADVENTURESPORTSUSA.COM Legal Business Name: * Agent Name: * Agent Title: * Date: * November JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember 2024 195019511952195319541955195619571958195919601961196219631964196519661967196819691970197119721973197419751976197719781979198019811982198319841985198619871988198919901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045204620472048204920502051205220532054SunMonTueWedThuFriSat 27282930311234567891011121314151617181920212223242526272829301234567 Signature: * Comments: Prev Submit Next