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STIHL Dealer Shopper's Charge Application and Dealer Agreement

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STIHL PowerChord** Dealer Policy For STIHLDealer.net

1. Only authorized STIHL (hereinafter “STIHL”) Dealers located within the U.S. are eligible to become annual members (hereinafter “Members”) of the STIHL PowerChord System.

2. Members shall be entitled to establish STIHL PowerChord store Web sites (hereinafter “Sites”) only in accordance with STIHL approved policies (hereinafter “Policies”) and only on STIHL PowerChord approved Web servers. Membership may not be assigned by Member in whole or in part, by operation of law or otherwise, and any purported assignment shall be void and of no effect.

3.

(a) In accordance with the STIHL Internet Policy, STIHL products may not be sold on any STIHL PowerChord Web site.

(b) Branch/Distributor suggested retail pricing may be shown on Dealer’s PowerChord sites by using the pricing module set up in the PowerChord dealer administration system

(c) Products competitive with STIHL may not be shown or listed on any STIHL PowerChord site. However, product categories and brands that are not competitive with the STIHL product line, such as non-competitive brands of lawn mowers, ATVs, boats, and snow throwers are permitted to be listed. For example, “We also carry complete lines of ACME snow blowers and generators for winter storms” is permissible.

(d) The STIHL products displayed on a Member’s STIHL PowerChord Site shall be limited to those products that the Member is authorized to sell in the Member’s brick and mortar retail location.

4. Members placed on credit hold are subject to suspension and/or termination of their STIHL PowerChord memberships. Cancellation, termination or closing of a Member’s STIHL account for any reason will result in the termination of the STIHL PowerChord membership of that dealer and the disabling of Member’s Site.

5. STIHL reserves the right to disable any Member Site that STIHL, in its sole discretion, deems offensive and/or inappropriate, or for any other reasonable cause.

6. Member may link from Member’s non-PowerChord website to Member’s STIHL PowerChord site.

7. The use of “framing” techniques in any Member Site is strictly prohibited.

8. Links from any Member Site to any website other than www.stihlusa.com or their own company site must be approved in writing by STIHL in advance.

9. STIHL reserves the right at its sole discretion to add and/or delete products listed in the STIHL PowerChord online catalog.

10. Due to technical problems, which will occur from time-to-time, and for other reasons, Member Sites may become temporarily unavailable online to Members and customers. STIHL PowerChord shall have no liability to Members or customers for any such unavailability.

11. STIHL reserves the right to amend this STIHL PowerChord Dealer Policy at any time and without prior notice.

12. Member acknowledges that STIHL is the creator and owner of copyrights in photographs, artwork, textual material, characters, software and other expressions (“Materials”) provided to Member by STIHL for use on Member’s Site and STIHL grants to Member a non-exclusive license to use such Materials for the term of the membership period and any renewals thereof and solely in connection with Member’s activities as permitted by the distributor or branch’s Policies & Procedures.

13. Member Sites must not alter or otherwise damage or diminish the value of STIHL’s trademarks, trade names, copyrights and/or other intellectual property rights. Member’s rights and obligations with respect to the use of STIHL’s trademarks and trade names on Member Sites shall be as specified in the current STIHL Dealer Trademark Policy and STIHL Internet Policy and Guidelines (see your distributor or branch’s Policies & Procedures for copies of these policies).

14. With respect to each other, Member and STIHL are, and shall continue to be, independent contractors. Neither Member’s participation in the STIHL PowerChord program nor anything in this Policy statement shall be construed to create any association, partnership, joint venture or the relationship of principal and agent or franchisor and franchisee between STIHL and Member.

**PowerChord is a registered trademark of the MPH Group