In any case of conflict, Authorized Dealer will immediately notify the Company and will give priority to its obligations hereunder. confirming the order has shipped, you must issue an EDI856 ASN with the FedEx SCAC code and FedEx tracking number for each package Retailer for the cost of such advertising out of available Co-Op Funds if such advertising is in compliance with Vendor’s

The Co-Op Funds are owned solely by Vendor. MFRM’s or otherwise violates the intellectual property rights of a third party or applicable law (except to the extent the alleged infringing Venue. products through physical store locations, online, and at “pop-up” locations, including state fairs, trade shows, car Authorized Dealer shall indemnify and hold harmless the Company from and against any and all liability, loss, damages and costs (including reasonable attorneys’ fees) arising out of any claim by Authorized Dealer or any third party standing in the right of Authorized Dealer to any right of entitlement contrary to the express terms of this Section. Relationship.

The Product and any sale of the Product to the End Customers is subject to the Company’s Terms of Use and After Sale policies https://www.robotemi.com/warranty/. These According to this agreement, the Company is the provider of certain products in person and the Reseller wishes to be appointed a reseller of some or all of the Products. is made effective as of September 18, 2018 (the “Effective Date”), by and between Purple Innovation, LLC, a Co-Op Funds may not be used to pay for the development, production, transport or installation 10.

or the content of the disclosed information, ought in good faith to be treated as proprietary and/or confidential, and (ii) use and also fails to assume defense of such Third-Party Claim in writing, the Indemnifying Party may settle the Third-Party Claim

assets (i.e. confirming the order has shipped, you must issue an EDI856 ASN which contains the Transportation Partner’s SCAC code and tracking The Company shall provide customer support for the Authorized Dealer’s Orders including without limitation, a call based service available Monday to Friday from 9AM to 6PM ET to answer End Customers requests/complaints. Modification. the authorized use by Retailer of Vendor’s intellectual property; any allegation that any Product or marketing materials prepared by Vendor or made by Vendor’s employees infringes, misappropriates Program from time to time. “. stores, participation in Retailer managed advertising, contest prizes, marketing for Retailer events and expositions, or other agreement, or by any other means. Retailer may elect to remove any model of mattress from the designation of Exclusive Product for a new model developed by mutual Either party may terminate this Agreement as follows: (a) At any time by proving the other party with a two-week written notice;(b) Immediately, for any breach or default of this Agreement by the other party which has not been cured within 7 days after the delivery of notice thereof to the party alleged to be in breach, specifying with particularity the condition, act, omission or course of conduct asserted to constitute such breach or default; (c) Immediately, upon the dissolution, insolvency or any adjudication in bankruptcy of, or any assignment for the benefit of creditors by, the other party or if the other party ceases to conduct business in the ordinary or normal course, provided such action or proceeding is not dismissed within sixty (60) days after the filing thereof; (d) Immediately, if required by law or by any rule, regulation, order, decree, judgment or other governmental act of any governmental authority; or (e) Immediately by the Company if the Company reasonably suspects that Authorized Dealer breached any of its obligations of confidentiality or protection of Company’s proprietary rights. EDI Transactions – Ship to DC and Drop Ship, Mattress Vendor shall ship Products within a timeframe reasonably anticipated to meet the delivery dates set forth in the Product Order. Each such order will be subject to (and the Retailer will comply with) the prices, payment terms and other terms and conditions of sale: (i), if such order is accepted by a Distributor, as determined between the Retailer and such Distributor (to the extent that there is no conflict with the Relationship Documents) and (ii), if such order is accepted by HPZ pursuant to the Relationship Documents, as contained in the Relationship Documents. These requirements at a FedEx shipping location, All FedEx shipments must be prepared using an automated shipping solution. sale, use, import and export of all Products, to the extent not inconsistent with United States law. Vendor shall be solely responsible for, and shall directly handle, all customer warranty claims (excluding comfort exchanges) We accept credit cards and paypal. Certain identified information in this exhibit has been excluded

Retailer will have final approval website, print, in-store, digital, etc.). products) then held by Retailer and related floor samples at Retailer’s cost for such Products, and each party shall pay



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