- The Vendor agrees to provide a humidor, along with cigars, accessories, humidification, and any necessary signage, to be placed at the premises of the Distributor for the purpose of selling to its customers (the “Products”) All items and products provided by the Vendor will remain the property of the Vendor.
- The Vendor will assign the pricing for the Products.
- The Vendor will provide ample humidification for the humidor. The Vendor will also make regular visits to the Distributor to ensure that humidification is replaced in a timely manner.
- The Vendor will make recommendations for products and product replacements.
- The Vendor will make regular visits to the Distributor to ensure the product is restocked and refreshed in a timely manner.
- The Vendor will maintain a valid Tobacco License and that all tobacco taxes are paid for tobacco products sold by the Distributor.
- The Distributor agrees to allocate an appropriate and secure space within its premises for the placement of the Humidor.
- The Distributor agrees to keep the Humidor, products, and other materials provided by the Vendor in good condition, clean, and displayed properly.
- The Distributor agrees to exclusively sell cigars provided by the Vendor from the Humidor.
- The Distributor will charge its customers the prices determined by the Vendor, without any additional markups or discounts aside from the appropriate state sales taxes.
- The Distributor will not display or sell any other cigars or similar products within its premises that are not supplied by the Vendor without prior written consent.
- The Distributor will take reasonable precautions to ensure the security and safety of the Humidor, cigars, accessories, and all related inventory.
- The Distributor acknowledges that any stolen, missing, or damaged cigars, accessories, or the Humidor itself will be the sole responsibility of the Distributor.
- The Distributor agrees that it is responsible for ensuring tobacco products are sold only to customers who are 21 years of age or older. Any sales to underage customers are grounds for cancellation of the Humidor Program by the Vendor. Any legal repercussions for selling tobacco products to underage customers will be the responsibility of the Distributor only.
- The Vendor will charge the Distributor’s credit card held on file for the total amount of cigars sold each month, less a 25% discount.
Term and Termination
- This Agreement will commence on the date of signing and will remain in effect until either party terminates the Agreement by notifying the other Party.
- In the event of termination, the Distributor will return the Humidor, cigars, and accessories in good condition to the Vendor.
Governing Law and Jurisdiction
- This Agreement will be governed by and construed in accordance with the laws of the state of Virginia.
- Any disputes arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Virginia.
- This Agreement constitutes the entire understanding between the Parties concerning the placement of the Humidor and supersedes any prior agreements or understandings, whether written or verbal, relating to the subject matter hereof.