Forms
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Non-Disclosure Agreement
Distribution Agreement
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DANIK HOOK LLC
Privacy Policy
Danik Hook, LLC (the “Company”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.
For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at DanikHook.com. “Service” refers to the Company’s services accessed via the Site, in which users can purchase Danik Hook products. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. By accessing our Site or our Service, you accept our Privacy Policy and Terms of Use (found here: https://danikhook.com/forms/, and you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.
I. INFORMATION WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email [insert specifically what personal information your website collects, i.e. address, date of birth, marital status, contact information, etc.], which you submit to us through the registration process at the Site.
1. Information collected via Technology
To activate the Service you do not need to submit any Personal Information other than your email address. To use the Service thereafter, you [do/do not] need to submit further Personal Information, which may include: name and contact information. However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our
software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to collect the following information:
· geographical location, pages visited
The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
2. Information you provide us by registering for an account
In addition to the information provided automatically by your browser when you visit the Site, to become a subscriber to the Service you will need to create a personal profile. You can create a profile by registering with the Service and entering your email address, and creating a user name and a password. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.
3. Children’s Privacy
The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at: sales@danikhook.com.
II. HOW WE USE AND SHARE INFORMATION
Personal Information:
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for
purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.
In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
Non-Personal Information
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-
Personal Information to our partners, advertisers and other third parties at our discretion. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You can also indicate that you do not wish to receive marketing communications from us by
clicking the un-subscribe link in the marketing email or by sending us a request to be removed at sales@danikhook.com. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.
V. LINKS TO OTHER WEBSITES
As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.
VI. CHANGES TO OUR PRIVACY POLICY
The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.
VII. CONTACT US
If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to sales@danikhook.com.
Last Updated: This Privacy Policy was last updated on 25 June 2019.
DANIK HOOK™
Minimum Advertised Price Policy
- MAP Policy As the nation’s leading universal hook with adjustable line length, Danik Hook is focused on maintaining attractive margins for its distribution network, including authorized distributors and resellers. In recognition of the investment in time and resources required for our high-quality distribution channel to provide the level of customer service and product knowledge expected from our customers, Danik Hook is committed to enforcing policies which allow its resellers to maintain high profit margins through the sale of Danik Hook™ products. Danik Hook has an established Minimum Advertised Price (MAP) Policy that any and all authorized members of the distribution channel, including but not limited to resellers and distributors, must follow for the advertising and marketing of Danik Hook™ products. This Policy shall be deemed unilaterally imposed on all authorized distributors and resellers of Danik Hook™ products as a condition of serving as such an authorized reseller or distributor.
- Danik Hook’s MAP Policy Guidelines for Danik Hook™ Products MAP pricing for all Danik Hook™ products can be found on the current price list provided to all authorized resellers and distributors. All advertised prices must be at or above MAP for all Danik Hook™ products if a MAP price has been established by Danik Hook. Resellers are not required to list prices in advertising. However, if a price is listed in an advertisement, it must be at or above MAP.
Resellers are also responsible for ensuring their Danik Hook™ pricing is at or above MAP on internet search engines and all internet-based sales platforms, including without limitation third-party platforms such as Amazon and similar sites. Resellers are free to set the actual resale price of any product as long as it is at or above MAP price given the most recent publication or distribution of the price list. Danik Hook’s MAP policy for all Danik Hook™ products apply to all advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), internet placements on resellers own website, social media placements or any other website offering the products for sale, and any flyers, posters or coupons.
From time to time, Danik Hook may permit resellers to advertise MAP Products at prices lower than the MAP price. In such events, Danik Hook™ reserves the right to modify or suspend the MAP price with respect to the affected products for a specified period of time by providing advance, written notice to all resellers of such changes. - Free Offers Associated with Danik Hook Product Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.
- Price Matching Policies Price matching policies are acceptable. However, price matching cannot be used as a valid reason for violations of Danik Hook’s MAP Policy. Advertised price must always be at MAP or higher.
- Auction Sites Policies With respect to E-Bay and any other auction site, the following apply:
• “Buy it now” options must be listed at a price equal to or greater than MAP
• For auctions, the “reserve” and/or ‘opening bid” must start at or above MAP
• Best offer auctions are not allowed. - Obligations for Downstream Sales Channel If a reseller, distributor or other participant in the sales channel is authorized to use sub-distributors, sub-resellers or other downstream resellers or participants in the sales channel (other than an end customer), such reseller or distributor is obligated to share this MAP Policy with the downstream reseller used by such reseller or distributor, and to document the delivery of the MAP Policy to such participant in writing. Failure to give such notice of the MAP Policy to a downstream sales participant, and/or to provide written documentation of such delivery to Danik Hook upon request, constitute a material breach of this MAP Policy.
- Failure to Comply with the MAP Policy At the sole discretion of Danik Hook, failure to comply with MAP, intentional non-compliance or intent not to comply and/or repeated failure to comply, may result in the immediate loss of authorization to resell or distribute, and your ability to purchase, all Danik Hook™ products, both directly as well as through any part of the distribution channel. In addition to sanctions up to termination of business relationship, violations of this policy may result in Danik Hook’s pursuit of available remedies at law.
- Policy Enforcement:
Danik Hook monitors the advertised prices of resellers and distributors, either directly or through the use of third party agencies or tools. Resellers and distributors are expected to provide reasonable cooperation in any investigation by Danik Hook regarding a possible MAP Policy violation. Hindering, obstructing, delaying or otherwise failing to cooperate with such an investigation will also be considered a material breach of this MAP Policy. Danik Hook also reserves the right, in its sole discretion, to pursue legal action to protect its registered trademarks and other intellectual property assets as needed.
DANIK HOOK LLC
Standard Terms and Conditions of Sale
- ACCEPTANCE OF ORDER. These Terms and Conditions of Sale (“AGREEMENT” or “TERMS”) shall apply to all quotations and offers made by Danik Hook LLC (“Seller”), purchase orders accepted by Seller and products sold (“PRODUCTS”) hereunder by Seller. This Agreement shall supersede and prevail over terms and conditions contained in or referred to in any purchase order, confirmation or other writing submitted by the purchaser of Products (“PURCHASER”). These Terms shall apply whether or not attached to or enclosed with the Products sold by Seller hereunder unless otherwise agreed to in a signed writing by Seller. No course of dealing or usage of trade or course of performance will be relevant to explain or supplement any of these Terms. Seller’s acceptance and fulfillment of Purchaser’s order is expressly made conditional on agreement by Purchaser to the Terms hereof, and Purchaser agrees that, by receiving and/or using the Products, Seller’s actions do not constitute acceptance of any of Purchaser’s terms and conditions and do not serve to modify or amend this Agreement.
- PRICES AND TAXES. Unless otherwise agreed by Seller in writing, the prices shown are stated and payable in U.S. dollars, and are based on Delivery terms set forth below. Seller may decrease Product prices at its discretion at any time without notice. Seller reserves the right by giving thirty (30) days prior notice to Purchaser (“PRICE INCREASE NOTICE”), to increase prices on Products. Purchaser will pay all additional costs incurred by Seller due to interruptions, engineering changes or modifications caused or requested by Purchaser. All prices are quoted, all orders accepted, and all billings rendered are exclusive of all federal, state, and local excise, sales, use, manufacturer’s or state or local privilege, duties, value added or similar taxes applicable to the sale of the Product hereunder, or to this Agreement, which shall be paid by Purchaser. Such taxes, when applicable, will appear as separate additional items on the invoice/order acknowledgements unless Seller receives a valid tax exemption certificate from Purchaser prior to shipment. All personal property taxes assessable on the Products after Delivery to a carrier at any facility of Seller or its contractors or agents, as determined by Seller, shall be borne by Purchaser.
- PAYMENT. The terms of payment shall be net twenty (20) days from date of invoice. Each invoice will be dated the date of Delivery of the Products. Purchaser shall pay Seller, promptly on demand, interest on overdue accounts at the lesser of the maximum rate allowed under applicable law or 10% per annum. Unless expressly agreed in writing by Seller, no inspection, testing or acceptance criteria of Purchaser shall relieve, delay or modify Purchaser’s payment obligations under this Agreement. Products held by Seller or Purchaser by reason of Purchaser’s delay shall be held at the risk and expense of Purchaser. Seller may refuse to accept or deliver all or a portion of orders, and may require payment in advance and/or other terms of payment, if at any time Seller determines that Purchaser’s credit balance with Seller or Purchaser’s financial condition justifies such actions. In the event any proceeding is brought by or against Purchaser under any bankruptcy or insolvency laws, Seller shall be entitled to terminate or cancel any order of the Purchaser then outstanding, in whole or in part, and shall receive reimbursement from Purchaser for its cost to date of cancellation.
- ORDER, DELIVERY, TITLE. Title to the Products shall remain with the Seller until Seller ships the Product or otherwise no longer has physical possession of the goods, at which time Purchaser will take title in the Product. Risk of loss for the Products transfers to Purchaser upon Purchaser’s taking title of the Products. Products will be deemed accepted by Purchaser at Seller’s named place. The quantity of any installment of Products as recorded by Seller on dispatch from Seller’s place of business is conclusive evidence of the quantity received by Purchaser on delivery unless Purchaser can provide conclusive evidence proving the contrary. Any liability for Seller’s non-delivery shall be limited to, at Seller’s option, delivery of the undelivered units or adjusting the invoice for the respective Products to reflect the actual quantity delivered. In the event of Seller’s inability to supply the goods specified in Purchaser’s orders, Seller may delay Delivery at Seller’s discretion for up to thirty (30) days without obligations or liability to Seller. Purchaser shall obtain and keep in force all-risk property and cargo insurance with limits at least equal to the value of Products purchased until payment is received in full by Seller. Seller’s Delivery dates are approximate and subject to the prompt receipt of accurate and necessary information from Purchaser. Purchaser may not change, cancel or reschedule an order previously accepted by Seller, and no such request provided by Purchaser shall be effective absent the express written permission of Seller’s authorized representative.
- DISCLAIMER OF WARRANTIES. THE PRODUCTS SOLD HEREUNDER ARE PURCHASED BY THE BUYER “AS IS” AND THE SELLER DOES NOT WARRANT THAT THEY ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE. SELLER WAIVES AND DISCLAIMS ANY REPRESENTATION, GUARANTY OR OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
- INTELLECTUAL PROPERTY. Seller retains all its intellectual property rights, title and interest in and to: (i) service marks, trademarks, patents, patent applications or provisional patents, trade names, logos, trade dress, packaging or any other designations or identifications; and (ii) copyrights, patent rights, trade secrets and other proprietary rights related to the Products hereunder including without limitation, specifications (“IP”), and (b) Purchaser obtains no license under Seller’s IP nor any rights to use or display, or make any representations regarding, any of Seller’s IP. Purchaser shall not disparage any of Seller’s IP rights. Purchaser has no rights to sublicense or otherwise transfer any of Seller’s IP rights to third parties. Purchaser shall indemnify, defend and hold Seller harmless against any and all expenses, damages, costs or losses resulting from any claims, suits or proceedings brought for (a) infringement of IP, or (b) unfair competition or other claims against Seller arising from Seller’s compliance with Purchaser’s designs, specifications or instructions. Purchaser shall not disassemble, decompile, or otherwise alter, modify or reverse engineer Products or any component or packaging thereof, or disable any security devices or codes incorporated therein. Purchaser grants Seller a worldwide, irrevocable, perpetual, transferable, royalty-free right to use, sublicense, distribute and modify any feedback (including information, suggestions, ideas or comments) provided by Purchaser to Seller. For all Products purchased under this Agreement, (a) Seller grants no rights to third party trademarks and logos; and (b) Purchaser shall not cause or allow to be caused, repackaging of any Products or modifications thereof under other labels, without Seller’s express prior written consent. Purchaser shall indemnify, defend and hold harmless Seller from any liability or damages arising in connection with a breach of this provision.
- CONFIDENTIAL INFORMATION. Any designs, quotations, specifications, drawings, marketing plans, reports, and other information related to the Products, functionality or availability furnished by Seller hereunder, other than that which is rightfully available to the public, is Seller’s confidential information and shall not to be disclosed to any third party without Seller’s prior written approval. Such information shall remain the sole property of Seller and upon request be returned to Seller. Purchaser shall not make nor issue (nor cause third parties to do any of the same) any press release or publicity associated with the Products or this Agreement without the express prior permission of Seller.
- FORCE MAJEURE. Seller shall not be liable for any failure or delay in performance, caused by circumstances beyond its control, including, but not limited to, acts or omissions of Purchaser, war, rebellion, sabotage, epidemics, labor disputes and shortages, failure or delays in transportation, inability to secure raw materials or machinery, acts of God, or acts of judicial or government authority whether or not valid.
- NONWAIVER OF DEFAULT. Each Delivery hereunder shall be treated as a separate transaction, but in the event of any default by Purchaser, Seller may decline to make further deliveries without in any way affecting its rights under such order and Seller’s actions will not constitute a waiver of any default by Purchaser in whole or in part unless the waiver is in writing signed by Seller. The failure by Seller or Purchaser to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- ASSIGNS. Any contract made hereunder shall not be assigned by Purchaser voluntarily, involuntarily or by operation of law, nor are any obligations of Purchaser hereunder delegable by Purchaser, without the written consent of Seller. This Agreement may be assigned or delegated by Seller without the consent of Purchaser to one or more of Seller’s corporate affiliates, or in connection with a change of control or sale of all or substantially all of the assets of Seller or Seller’s corporate affiliates. Subject to the foregoing, any contract made hereunder shall be binding upon and inure to the benefit of the permitted parties’ successors and assigns.
- REMEDIES AND LIMITATION OF LIABILITIES. If Purchaser repudiates this Agreement, or if Seller terminates this Agreement due to default or breach by Purchaser, then without limiting Seller’s rights or remedies in law or equity, Purchaser shall be liable to Seller for the purchase price of all Products, shipped or unshipped at the contract price for such Products. As security for all amounts payable by Purchaser hereunder, Purchaser grants to Seller a security interest, including right of repossession, in the Products sold and upon request agrees to execute all financing statements or other documents and to take actions necessary to perfect or protect Seller’s interest. Seller may set off or credit any monies owed by Purchaser to Seller against any monies owed by Seller to Purchaser. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SELLER BE LIABLE REGARDLESS OF A FAILURE OF ESSENTIAL PURPOSE OR WHETHER SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR ANY (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND LOSS OF DATA, NOR (2) CUMULATIVE DAMAGES HEREUNDER THAT EXCEED AMOUNT DUE AND/OR PAYABLE TO SELLER for purchases made during THE preceding twelve (12) months for the Products GIVING RISE TO THE LIABILITY.
- DISCLAIMER OF WARRANTIES FOR HAZARDOUS USES. SELLER DOES NOT RECOMMEND NOR WARRANT PRODUCTS FOR USE IN APPLICATIONS WHEREIN A FAILURE OR MALFUNCTION OF THE PRODUCT MAY DIRECTLY THREATEN LIFE, INJURY, LOSS OF SIGNIFICANT AMOUNTS OF PROPERTY OR RESULT IN CATASTROPHIC FAILURE (“NON-WARRANTED USES”). PURCHASER HEREBY ASSUMES ALL RISK OF ANY NONWARRANTED USES AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER AGAINST ALL CLAIMS AND DAMAGES ARISING FROM SUCH USE.
- GOVERNING LAW AND DISPUTES. This Agreement, performance and disputes arising out of or related to Products hereunder shall be governed by the laws of the State of California, excluding the choice and conflicts of law provisions thereof.
- RELATIONSHIP BETWEEN THE PARTIES. Nothing contained herein shall be construed to imply a joint venture or principal/agent relationship between the Parties, and neither Party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other in connection with this Agreement.
- ENTIRE AGREEMENT; SEVERABILITY. This Agreement constitutes the entire agreement between Purchaser and Seller with respect to the purchase and sale of the Products hereunder and supersedes any prior or contemporaneous communications and understandings, written or verbal, between the parties on the subject matter of this Agreement. These Terms apply to all sales made by Seller except to the extent the Terms add to or conflict with an agreement signed by an authorized representative of Seller. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.