STANDARD TERMS, CONDITIONS, and RESELLER AGREEMENTS
Please read this carefully, as your continued use of the website or submission of orders is implied consent to the terms and conditions below.
(Due to continuing changes in the legal, practical, and technical aspects of protecting your privacy, this policy will be updated periodically. Please check back here from time to time, especially before you provide your personal information via the website, so that you are always up to date on this important issue.)
WELCOME TO MIP!!
Moore's Ideal Products, LLC (MIP) has produced
quality tools and model car accessories in the USA since 1978. Our high
performance products are widely used in the USA, and with MIP's success at more
than six World Championships we have also won a winning reputation
internationally. In addition to our amazing product line, MIP offers exemplary
customer service to address any/all customer concerns and suggestions at
[email protected] or by phone at (626) 339-9007 ext 25 during normal
business hours of 6:00 am to 2:30 pm PST Monday thru Friday.
Thank you for choosing MIP!
Eustace Moore, Jr., MIP Founder and CEO
MIP TERMS & CONDITIONS OF SITE USE:
1.
Use of the site
(including miponline.com and other related subdomains, services and other
sites and tools linked to miponline.com, collectively, the "Site"),
is understood to be as is. No part of this Site is intended to constitute
advice and the content of this Site should not be relied upon when making any
decisions or taking any action of any kind. All rights are reserved.
2.
You may not reproduce,
copy, distribute, store or in any other fashion re-use material on the Site,
unless given express written permission to do so by MIP. Any unauthorized use
of the materials appearing on this site may violate copyright, trademark and
other applicable intellectual property laws and could result in criminal and
civil penalties. MIP reserves the right to limit the use of graphics, text, and
photos represented on our Site or in our press releases.
3.
This Site may contain
links to other websites on the Internet. You acknowledge that we have no
control over such websites and that we are not responsible for the accuracy,
content, legality or any other aspect of any linked web site. In no event shall
any reference to any third party, third party website or third party product or
service be construed as an approval or endorsement by us of that third party,
third party website or of any product or service provided by a third party.
4.
If you are a copyright
owner and you believe the use of your images on this site is infringing in any
way, please contact us immediately. We will promptly comply with any takedown
demand so long as the demand meets the requirements of the DMCA. At a minimum,
any removal request is required to include at least the following: (a) Your
name, address, telephone number, and email address; (b) A description of the
copyrighted work you claim has been infringed; (c) The exact URL or web address
whet the alleged infringing material is located; (d) A statement by you that
you have a good faith belief that the disputed use has not been authorized by
you, your agent, or the law; (e) Your electronic or physical signature or the
electronic or physical signature of the person to act on your behalf; and (f) A
statement by you made under penalty of perjury, that the information in your
notice is accurate, that you are the copyright owner or authorized to act on
the copyright holder’s behalf. All DMCA notices must be emailed to [email protected].
Please allow 72 hours for compliance.
5.
By using this Site, you
agree to indemnify, hold harmless and defend MIP, its subsidiaries and
affiliates, and their respective officers, directors, employees, successors,
agents, subsidiaries, partners, contractors, vendors, manufacturers,
distributors, representatives and affiliates from any claims, damages, losses,
liabilities, and all costs and expenses of defense, including but not limited
to, attorneys' fees, resulting directly or indirectly from a claim (including
without limitation, claims made by third parties for infringement of
intellectual property rights) by a third party that arises in connection with (a)
your use or misuse of the Site; (b) your breach of the Terms of Use; or (c)
your violation of any law or the rights of a third party. You agree to
cooperate as fully as reasonably required in the defense of any claim. MIP
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
6.
THE SITE, IT’S CONTENT, AND ALL TEXT,
IMAGES, MERCHANDISE AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THIS SITE
ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THIS INCLUDES BUT IS NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MIP DOES NOT WARRANT
THAT: (I) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE
FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii)
DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.
Limitation of Liability: IN NO EVENT SHALL MIP, IT’S PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS,
DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON
THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY
INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY MIP, WHETHER BASED
UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MIP HAS BEEN ADVISED OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT
SHALL THE TOTAL LIABILITY OF MIP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,
SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU
PAID TO MIP IN CONNECTION WITH THE APPLICABLE PRODUCT, PROMOTION OR SALE GIVING
RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MIP,
ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS,
SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE
ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN
CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT
OR OTHERWISE STORED BY OR ON BEHALF OF MIP.
8.
You hereby acknowledge
that the preceding paragraph shall apply to all content, merchandise and
services available through the Site. Because some states do not allow
limitations on implied warranties or the exclusion or limitation of certain damages,
in such states some or all of the above disclaimers or exclusions may not apply
and liability will be limited to the fullest extent permitted by applicable
law.
9.
International Use. We
make no representation that information on this Site is appropriate or
available for use outside the United States. Those who choose to access this
Site from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent that local
laws are applicable.
10. Risk of Loss: The items purchased
from our Site are shipped by a third party carrier pursuant to a shipment
contract. As a result, risk of loss and title for such items pass to you upon
our delivery to the carrier.
11. Choice of Law and Forum:
These Terms of Use and any dispute of any sort that might arise between you and
MIP or its parent, subsidiaries or affiliates shall be governed by and
construed in accordance with the laws of the State of California, without
regard to its conflict of law principles, as it is applied to agreements
entered into and performed therein, and excluding the United Nations Convention
on Contracts for the Sale of Goods, as amended from time to time. Any action
brought to enforce this Agreement or matters related to the Site will be
brought in either the state or federal courts in Los Angeles County,
California; provided, however, that notwithstanding anything contained in these
Terms of Use to the contrary, we shall have the right to institute judicial
proceedings against you, or anyone acting on your behalf, in order to enforce
our rights hereunder through reformation of contract, specific performance,
injunction or similar equitable relief. You consent to the jurisdiction of such
courts and irrevocably waive any objection, including without limitation any
objection to the laying of venue or based on the grounds of forum non
conveniens, which you may now or hereafter have to the bringing of any such
action or proceeding in such jurisdiction. Any claim or cause of action you
have with respect to use of the Site must be commenced within one (1) year
after the claim arises.
12. Unless otherwise specified herein, these Terms of Use, together
with the Privacy Policy, and the Online Sales and Purchases Policy, constitute
the entire agreement between you and MIP with respect to the Site and supersede
all prior or contemporaneous communications and proposals (whether oral,
written or electronic) between you and MIP with respect to the Site. If any
part of these Terms of Use is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. The failure of MIP to act with respect
to a breach by you or others does not waive MIP's right to act with respect to
subsequent or similar breaches. The section headings contained in these Terms
of Use are included for convenience only and shall not limit or otherwise
affect the terms of these Terms of Use. Failure or delay of MIP to enforce any
of its rights under this agreement shall not, in any way nor under any
doctrine, diminish or otherwise limit MIP’s rights to enforce those same rights
at a later date or other rights under this agreement.
MIP PRIVACY POLICY:
1.
Our Mailing list will
only include information on new products, updates, and special promotions. Any
information we collect about you is used to respond to your requests, support
products and services, and to determine your satisfaction.
2.
We will not sell, trade,
publish, share, or otherwise circulate any of your personal information to
anyone except as described in this privacy policy.
3.
MIP employs a range of
security measures and, except to complete a transaction or purchase, will not
forward your information to third parties without your consent. Only
information necessary for processing orders is requested by PayPal or our
current payment system. We use the incredibly secure PayPal server to handle
your credit card information securely. PayPal takes care of the transaction
over its secure servers and we never even see your financial information at
all. Both parties are protected in the transaction by PayPal's protection. We
have integrated with PayPal as it provides the strongest level of security to
you.
4.
We may permit certain
trusted third parties to access your information in connection with their
performance of services to maintain and operate the Site and certain features
on the Site. For example, we may use third parties to host the Site; operate
various features available on the Site; send emails; analyze data; provide
search results and links and assist in fulfilling your orders.
5.
We also may use a
Sitemap generator tool, such as Google, which collects your requests for pages
and passes elements of them to search engines to assist them in indexing this
site. We only control the configuration of the tool that directs the
information sent to the search engines.
6.
We reserve the right to
disclose information in order to comply with a subpoena, court order,
administrative or governmental order, or any other requirement of law, or when
we, in our sole discretion, believe it is necessary in order to protect our
rights or the rights of others, to prevent harm to persons or property, to
fight fraud and credit risk reduction.
7.
If you use a comment
board, blog or any other publicly accessible area of the Site, you should be
aware that any personally identifiable information you submit there can be
read, collected or used by any person for any purpose. We are not responsible
for the personally identifiable or other information you choose to submit in
these forums.
8.
We are committed to
protecting the information we receive from you. We follow reasonable technical
and management practices to help protect the confidentiality, security and
integrity of data stored on our system. While no computer system is completely
secure, we believe the measures we have implemented reduce the likelihood of
security problems to a level appropriate to the type of data involved.
MIP ONLINE SALES & PURCHASE POLICY:
1.
Age Restrictions.
Persons under the age of 18 should use this Web Site only with the supervision
of an Adult. Payment Information must be provided by or with the permission of
an Adult. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY
CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
2.
Safety Precautions: MIP
sells tools and sophisticated hobby products that are NOT INTENDED TO BE USED
AS TOYS BY CHILDREN UNDER THE AGE OF 14. They must be operated with caution and
common sense and requires some basic mechanical ability. Failure to operate MIP
products in a safe and responsible manner could result in injury or damage to
the Product or other property. MIP Products are not intended for use by
children without direct adult supervision. MIP Product manuals, set-ups and
instruction sheets contain instructions for safety, operation and maintenance.
It is essential to read and follow all the instructions and warnings in the
instructions, prior to assembly, setup or use, in order to operate correctly
and avoid damage or injury. ANY BAG, BOX, LABEL, INSERT, OR OTHER PACKAGING
WITH MIP GOODS AND PRODUCTS IS NOT A TOY AND MUST BE KEPT AWAY FROM CHILDREN
UNDER THE AGE OF 14.
3.
Our Site may link to
distributors or local hobby shops or third party merchants to facilitate
obtaining MIP products. We are not responsible for any transactions you place
directly with them.
4.
There may be advertising
errors, typographical errors, or price changes which are beyond our control.
MIP maintains no responsibility for these kinds of inadvertent errors or
supplier price changes and we reserve the right to make price changes as
necessary.
5. MIP only accepts returns on MIP current products within 30 days of purchase. Product(s) must be new and unused. We will not accept returns on items we have marked as discontinued, clearance or close out. To request a return of MIP product(s), customers can message Customer Service/ Tech Help at https://www.miponline.com/customer-service-tech-help once there, click the RED button to send us a request to “Return” the product(s) in question. Be sure to include pics of your receipt and MIP product(s) for review. Customers with qualifying returns will receive return instructions via email. Please note that any shipping and bank fees will NOT be included in any refund resulting from a return, nor does MIP pay for shipping the returning product. MIP reserves the right to replace or refund MIP product(s), per our terms and conditions.
6.
MIP will not hold unpaid
orders past 5 business days, as all accounts are Pre-Paid. Any orders remaining
after this time will be restocked and made available to fill subsequent orders.
Additionally, if requesting that a current order be held and shipped with
pending back orders or a new order (within 10 calendar days), the initial
invoice must be paid in full within the allowed 5 days.
7.
MIP processes in-stock
orders for shipment Monday through Friday. The Customer is responsible for all
shipping charges. Back ordered items may be subject to additional shipping
charges. Shipments paid by credit card may require a signature.
8.
To ensure the security
of the card holder, we do thorough address verification on all credit cards. If
we cannot verify the address, we cannot ship the order. First time customers
can only ship orders to the verified billing address of the credit card holder.
We use secure POS platforms to handle your credit card payments.
9.
Flat shipping rates
apply to orders in the continental USA on orders under $99. Please contact us
for shipping rates to all other locations. If charges are applied incorrectly,
a corrected invoice will be sent and must be cleared prior to your order being
released.
10. Your receipt of an electronic order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. MIP reserves the right at any time after receipt of your order to
accept or decline your order for any reason. MIP reserves the right at any time
after receipt of your order, without prior notice to you, to supply less than
the quantity you ordered of any item and adjust your invoice accordingly. MIP
may require additional verifications or information before accepting any order.
Once you have placed an online, phone-in, or other type of order with MIP, you
have entered into a contract to purchase and your credit card will be charged
immediately. Orders do not always ship the same day. If you need priority
delivery then please contact us by phone for immediate attention.
11. Limited 30- Day Warranty: MIP warranties
that the Products purchased (the "Product") will be free from defects
in materials and workmanship at the date of purchase by the Purchaser. (a) This
warranty is limited to the original Purchaser ("Purchaser") and is
not transferable. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE
EXCLUSIVE REMEDY OF THE PURCHASER. (b) This warranty covers only those Products
purchased from MIP or an authorized MIP distributor or dealer. Third party
transactions are not covered by this warranty. Proof of purchase is required
for all warranty claims. Furthermore, MIP reserves the right to change or
modify this warranty without notice and disclaims all other warranties, express
or implied. (c) Limitations include but are not limited to the following: MIP
MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ABOUT
NON-INFRINGEMENT, MERCHANTABILITY, OR THE FITNESS FOR A PARTICULAR PURPOSE OF THE
PRODUCT. THE PURCHASER ACKNOWLEDGES THAT THEY ALONE HAVE DETERMINED THAT THE
PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF THE PURCHASER’S INTENDED USE.
(d) Purchaser Remedy for Defective Product- MIP's sole obligation hereunder
shall be that MIP will, upon verification and at its discretion, (i) repair or
(ii) replace, any Product determined by MIP to be defective. MIP reserves the
right to inspect any and all equipment involved in a warranty claim. This
warranty does not cover cosmetic damage or damage due to acts of God, accident,
misuse, abuse, negligence, commercial use, or modification of or to any part of
the Product. This warranty does not cover damage due to improper installation,
operation, maintenance, or attempted repair by anyone other than MIP. Return of
any goods by Purchaser must be approved and an RMA number provided by MIP
before shipment, with shipping costs to be covered by the Purchaser.
12. Damage Limits: MIP SHALL NOT BE LIABLE
FOR SPECIAL, INDIRECT, AND/OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR
PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE PRODUCT, WHETHER
SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY.
Furthermore, in no event shall the liability of MIP exceed the individual price
of the Product on which liability is asserted. As MIP has no control over use,
setup, final assembly, modification or misuse, no liability shall be assumed
nor accepted for any resulting damage or injury. By the act of use, setup or
assembly, the user accepts all resulting liability. If you, as the Purchaser or
user, are not prepared to accept the liability associated with the use of this
Product, you are advised to return this Product immediately in new and unused
condition to the place of purchase.
MAP (Minimum Advertised Price) POLICY: MIP requires EVERY type of Reseller purchasing MIP Products from
any source to adhere to MIP’s MAP Policy found on our website’s home page. This
policy outlines any advertising rules, restricting prices advertised online, or
in print, to be at or above minimum advertised price on all current MIP
Products. MAP for each product, in addition to the MSRP list price, can be
found for each product on our website, titled MAP Price. Be sure to
review the MIP’s MAP Policy to ensure an understanding of these restrictions.
MIP MAP Pricing Policy can be found at https://www.miponline.com/MIP-MAP-Pricing If you have any questions, please contact [email protected].
GENERAL ACKNOWLEDGEMENTS: By submitting an order, Customers hereby jointly and severally
acknowledges the following:
1.
The Customer (inclusive
of Business, Principals and Parent Company) has read, fully understands, and
agrees to comply with the policies & terms herein and at www.miponline.com
and additionally understands that any violation of said terms may result in a
termination of my approved status with MIP and revocation of my buying privileges.
2.
That the information
provided is correct and that there are no omissions that would materially
affect this application. That it is the Customers responsibility to give
notification to MIP prior to any change in ownership or an intended date to
cease operation, and that the Customer will be liable for all debts incurred
until MIP has been notified in writing and a new application is received.
3.
That placing an order
with MIP constitutes doing business in the state of California and is therefore
subject to the laws of the State of California.
4.
The Distribution
Customer authorizes MIP to make any credit inquiries that it finds necessary in
connection your credit request, or in the course of review or collection of any
credit extended in reliance on this application for review of my company's
total financial standing, and I authorize any person or credit reporting agency
to compile and release to MIP any information it has or obtains to verify
credit standing, and agree this information along with this application will
remain the property of MIP whether or not credit is extended. I understand that
after commencing into a business relationship with MIP and credit has been
granted, it is the sole discretion of MIP to extend, continue or terminate
credit at any time.
5.
The Distribution Customer authorizes MIP to make any credit
inquiries that it finds necessary in connection your credit request, or in the
course of review or collection of any credit extended in reliance on your
credit references provided for review of my company's total financial standing,
and I authorize any person or credit reporting agency to compile and release to
MIP any information it has or obtains to verify credit standing, and agree this
information along with this application will remain the property of MIP whether
or not credit is extended. I understand that after commencing into a business
relationship with MIP and credit has been granted, it is the sole discretion of
MIP to extend, continue or terminate credit at any time.
(a) In the event that the account becomes delinquent and is turned
over to any collection agency or attorney for collection, the Customer agree to
pay upon demand all collection fees including but not limited to reasonable
attorney fees plus court costs, serving costs and/or any miscellaneous expenses
incurred as a result of my failure to pay.
6. The products purchased from MIP via customer purchase order are shipped by a Third Party Carrier pursuant to a shipment contract. As a result, risk of loss and title for such products passes to customer upon MIP's delivery to the carrier. Customer understands that Third Party Carrier claims may take months to resolve and therefore MIP is released from liability as this is not a guaranteed shipment method. Customer purchase order should clearly state if special insurance is required, at your expense, to be applied to your order. In the event customer requests a shipment via Third Party Carrier, customer takes full responsibility for payment to MIP even if the shipment is misdirected, lost or damaged in transit. Customer understands that their account will be adjusted as soon as the claim has been settled.
7. Understand that they will, from time to time, receive e-mails relating to MIP and its products. Your email will not be shared with 3rd parties. The Terms & Policies above are merged with the Terms & Privacy Policy found at www.miponline.com and any changes made by anyone outside of MIP are NOT binding unless made in writing and signed by MIP's authorized representative.
Moore's Ideal Products, LLC (MIP) reserves the
right to change its terms & conditions at will.
RESELLER AGREEMENTS:
FOR RESALE: Any hobby merchandise, tools, or
manufactured goods purchased from MIP under this agreement is for resale only
unless otherwise agreed to in writing. Shipments to California are subject to
sales tax until a signed resale certificate with valid seller’s permit number
is obtained for our records via email to [email protected]. Once confirmed,
there will be no sales tax on your purchases placed using your online MIP
Reseller Account. MIP will not retroactively credit sales tax charged before
the signed form is received. (Fillable resale certificate may be found at
http:// www.boe.ca.gov/pdf/boe230.pdf )
1.
MIP
CERTIFIED RESELLERS: MIP offers an exclusive business partnership
with our select RC hobby store dealers; hereinafter called the MIP Certified
Resellers (MCR’s). This partnership will enable, enhance, and ensure that you
have our 100% support to add value to your business and generate the profits
you deserve from our MIP Brand. Certain qualifications MUST be confirmed in
order to be part of this exclusive group including, but not limited to the
purchase, installation, and population of our MIP Certified Reseller Display.
The paradigm behind this is to create B2C (Business to Consumer) conversations
and to have an avail to pertinent data, such as trends, sales cycles, etc.in
order to extend MIP’s reach, increase consumer awareness, and generate sales at
a reasonable and sustainable margin.
2.
MIP
DISTRIBUTION WHOLESALERS: MIP works with limited number of
Distribution partners in a strategic effort to not only push products through
the supply chain, but instead to utilize their expertise in three key areas:
obtain unbiased customer feedback, possible product improvements, and lastly,
new product ideas to meet the needs of our consumers. This will be achieved
through open and unrestricted communication between both parties regarding any
and all sell through information including but not limited to buyers’
demographic and sales details, the professional marketing efforts of these
partners, and MIP’s commitment to fully support said efforts with competitive
margins, requested product training, and constant improvements to our product
line.
3. ONLINE RESELLERS: (ONLINE PRODUCT REPRESENTATION REQUIREMENTS) MIP offers the flexibility of no minimum
orders but does require its Online Resellers to represent online, the entire
selection of current MIP products, allowing customers and dealers to backorder
products that are not in your inventory, such that our customers and resellers
are kept aware of the full breadth of MIP products available.
TRADEMARK & BRANDING GUIDELINES: Resellers
are expected to properly publish online and in print MIP™, MIP CVD™, MIP X-Duty
CVD™, RealShocks.com™, MIP Bypass1™, MIP SpeedTips™ and other Trademarks of
MIP. MIP is the originator of the constant velocity drive in the RC car
marketplace and and has been using the trademark MIP CVD™ in commerce for many
decades. MIP advises brands of other drives and axles NOT manufactured by MIP
to label them CVA, CV drives, CV axles, CV joints, universals, dogbones, or
other non-conflicting terms. Please do not label MIP products generically as
“X-Duty or CVDs " without the MIP brand. Please do not label other RC axle
and drive products not manufactured by MIP as “CVDs" as this practice
causes confusion in the marketplace. Resellers of MIPTM branded products lead
the branding and imagery and must assure any published descriptions in print or
online follow these branding guidelines such that they are suitable for direct
import by dealers, retailers, and advertisers.
INTELLECTUAL PROPERTY & NON-COMPETE: The Reseller shall not do or authorize any third party or partner with any third party to do any act, design, develop, create or manufacture any product which would or might invalidate, compete with, or be inconsistent with any of the Trademarks, Products, or any other Intellectual Property of MIP. Resellers shall promptly and fully notify MIP of any actual, threatened, or suspected infringement in the Worldwide Territory of any of the Trademarks, Products, or any other Intellectual Property of MIP which comes to the Reseller’s notice, and of any claim or threatened claim by any third party that the importation or Sale of Goods into the Territory infringes the Intellectual Property rights of another. In the event the relationship with MIP is terminated, MIP Resellers shall not, for a period of at least one year, be concerned or interested, either directly or indirectly, in the manufacture of any goods or products which compete with any of the MIP Products and Goods.