BioGREEieselGuys is the creator and provider of a packaged biodiesel distribution system with the name of QUENCH! Slime Biodiesel, or QUENCH! Biodiesel. Franchisee intends to implement this system in co-operation with BioGREEieselGuys In order to clarify and maintain the good relationship between these two corporations, this Distribution Agreement is developed by both parties. BioGREEieselGuys and Franchisee hereby agree:
1. BioGREEieselGuys agrees
to designate Franchisee as an agent for management and
operation of the QUENCH! Biodiesel distribution system.
2. Franchisee will purchase supplies for the QUENCH! Biodiesel distribution system
from BioGREEieselGuys, consisting of yellow plastic jugs, laminated labels,
informational signs, advertising signs, informational handouts, bumper
stickers, pour spout extensions, and display stands. Prices for these items
will be negotiated between these two parties. No minimum or maximum quantities
for these items are implied by this Agreement. Franchisee will not
purchase these materials from any other vendor without prior agreement
with BioGREEieselGuys, unless BioGREEieselGuys is unable to supply these
3. Franchisee may purchase biodiesel fuel from any source available, including
BioGREEieselGuys If the biodiesel purchased is from a vendor other than
BioGREEieselGuys, suitable records of that fact shall be kept and the public
so informed upon request. The certified laboratory testing of each batch
received and made available for sale under the QUENCH! Biodiesel brand
name will be made available to BioGREEieselGuys upon request. No biodiesel
does not meet the requirements of ASTM D-6751 will be placed into QUENCH!
Biodiesel containers or sold under that brand name.
4. Franchisee and BioGREEieselGuys shall each be individually responsible for all
applicable state and federal taxes on the products they sell.
5. Franchisee and BioGREEieselGuys shall each be individually responsible for all
acts and omissions, as applicable, including state and federal law compliance
and local code compliance. Franchisee and BioGREEieselGuys shall indemnify
and hold each other harmless for any problems or issues that may arise
during the course of their individual operations.
6. Franchisee will put its name, address, and toll-free telephone number on the
label of every package of QUENCH! Biodiesel they sell. This information
shall also appear on all handouts to customers and the public. Franchisee shall
also maintain a website that promotes their product and provides an easy
link to website maintained by BioGREEieselGuys at www.DoctorBioDiesel.com. The name,
address, telephone number, contact name and email address of each retail
location for QUENCH! Biodiesel will be forwarded to BioGREEieselGuys within
3 days after establishment for inclusion under the www.DoctorBioDiesel.com website.
7. Franchisee will maintain the QUENCH! Biodiesel distribution system to the highest
standards of product cleanliness, customer responsiveness, accurate information,
and commitment to the best business practices. Franchisee shall
strive to directly answer the inquiries of its customers and the public.
Franchisee will honor scrip issued by BioGREEieselGuys, as BioGREEieselGuys will
honor scrip issued by Franchisee, or scrip not otherwise identified
as to the issuer. Scrip will be traded between these two companies. If
a balancing number of scrip is not available to offset each other’s scrip,
cash payments equal to the wholesale value of the quantity of biodiesel
represented by the scrip will be paid on a timely basis upon request by
the other company.
agreement to take effect as of the latest date of the signatures below,
and to run for a term of five years. This agreement may be amended or extended
upon agreement in writing by both parties.
For BioGREEieselGuys: Date:
For Franchisee: Date: