BDS Tire Group No Credit Check Tire Store Agreement This Merchant Agreement is made and effective as of this _____day of ____________________, 2015 by and between BDS Group Inc., a corporation with its principal place of business at 4310 Suite A, Chef Menteur Hwy, New Orleans, LA 70126, (hereafter referred to as BDS) and _______________________________(store name) with its principal place of business at ____________________________________________ (hereafter referred to as Merchant) WHEREAS, BDS wishes to establish Merchant as a dealer of BDS with non-exclusive right to offer Lease – Purchase products (the Program) and to establish the responsibilities of the parties, and Whereas, Merchant wishes to promote the Program within its locations and assist with the implementation for the Merchant’s customers who may wish to participate in the Program. Now, Therefore BDS and the Merchant agree as follows: BDS Obligations: BDS will be responsible for the following activities in relation to the Program: 1. Merchant Training: Provide Merchant and its service advisors with website training in relation to the leasepurchase of tires. 2. Funding to Merchant for BDS or Merchant Inventory Tires: BDS agrees to pay merchant $130 (per set of 4 tires), $2.00 waste fee per tire and applicable taxes. 3. Funding to Merchant for Sale of Warranties: BDS agrees to pay participating Merchant $26 for the sale of each warranty and applicable taxes. Merchant Obligations: Merchant will market and promote the Program in its reasonable discretion and assist potential customers interested in participating in the Program in completing and submitting to BDS an online application (paper application in some cases). Upon submittal of an application, Snap will evaluate and in its sole discretion, approve or deny such lease-purchase applications. Merchant shall not make any representations or warrantees to any perspective customer regarding the potential approval or denial of any lease-purchase application submitted to Snap Finance. 1. The Merchant Agrees: To accept the $39.00 Processing Fee from the customer. Collection of this processing fee will be disclosed on the final billing (invoice) to BDS. 2. Safeguarding of Merchandise: The Merchant agrees to take possession of tires when delivered from the distributor, store the tires in a safe place, mount and balance all tires included in the contract, and replace any valve stems that are defective. 3. Safeguarding Privacy: The Merchant must maintain appropriate safeguards to protect and or dispose of any personal information derived from applications. 4. Indemnification: The Merchant releases BDS from any and all claims that may arise from mounting and balancing tires on a contracted customer’s vehicle. 1 Whole Agreement. This Agreement, sets forth herein, and supersedes all prior agreements, promises, covenants, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. No amendment or modification to this Agreement, nor any waiver of any rights hereunder, shall be effective unless agreed to in writing by both parties. Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement. This Agreement does not create any agency, joint venture or partnership and neither party may bind the other or represent the interests of the other. IN WITNESS WHEREOF, these parties hereto have caused this Agreement to be executed as of the date first written above. By signing below, Merchant agrees to this agreement: BDS Group Inc. Company Name ___________________________ New Orleans, LA Signature___________________________________ _____________________________ BDS Group, Inc. _______________________________________ Print Name: Title: _________________________ Title: ___________________________________ Date: _________________________ Date: ___________________________________ Revised: 1/01/2015 2