Thank you for your interest in Magnolia Home by Joanna Gaines. The application to become an authorized retailer of Magnolia Home by Joanna Gaines is located on the following page. Please review the Magnolia Home Brand Terms and Conditions and Minimum Advertised Price (MAP) Policy before completing the application; by submitting an application, each retailer is agreeing to these terms and will be responsible for adhering to them. Additionally, authorized retailers must satisfy the following requirements: Approval through an on-site visit by an authorized Magnolia Home by Joanna Gaines representative o Minimum floor space requirement o Operational Loading Dock at storefront/warehouse Retail location must not exceed market capacity (including retailers pending approval) Factored Credit line approval (pre-pay customers are not being accepted at this time) Opening orders must be placed within 30 days of account approval and meet the Magnolia Home by Joanna Gaines fixed opening order requirement of $2500 for furniture and $750 for accessories. Failure to place orders that reach minimum shipping requirements within this time frame will result in account closure. If an account is closed, retailers must reapply, however, there is no guarantee that an account will be opened again. Subsequent orders must meet the same minimum order requirements. Applications are processed in the order in which they are received, but due to overwhelming demand, applications can take 45 to 60 days to be approved. Upon approval of the account, retailers will receive an email with account login and temporary password information, which will enable them to access the Magnolia Home by Joanna Gaines Furniture website and place orders. Denied applicants/retailers will receive notification. Brand terms and conditions are strictly enforced and are updated on the Magnolia Home web portal. It is the responsibility of the retailer to stay up to date on the brand terms and conditions. Thank you for your patience throughout the application process. We appreciate your interest in Magnolia Home by Joanna Gaines.
CUSTOMER APPLICATION Magnolia Home 801 Highway 31 South Bay Minette, AL 36507 Phone: 877-788-1898 Fax: 251-239-2084 Email: apply@mhf.net SALES REP USE NAME SLS# INITIALS ASSOCIATE ACCT: o NEW o REOPEN o UPDATE The following application is for credit approval as an authorized Magnolia Home dealer. Approved retailers must adhere to all Brand Terms and Conditions, Minimum Advertised Price (MAP) Policy and the conditions set forth on the application cover page. By submitting an application, you are agreeing to the terms set forth on this application. SOCIAL MEDIA INFORMATION PLEASE PROVIDE LINKS/USERNAME/TAGS FOR THE BUSINESS SOCIAL MEDIA PLATFORM FACEBOOK: INSTAGRAM: PINTEREST: OTHER: CORPORATE BUSINESS DATE ESTABLISHED: DBA: DUNS #: CORPORATION o PARTNERSHIP o PROPRIETORSHIP o LLC o OTHER o OFFICER/OWNER #1 ADDRESS: CITY: STATE: ZIP: OFFICER/OWNER #2 ADDRESS: CITY: STATE: ZIP: BUYER: A/P CONTACT & EMAIL (invoices will be sent here): REQUESTED TERMS (CHOOSE ONE): o NET 15 o NET 30 BACKORDERS: o YES o NO BILL TO ADDRESS: CITY: STATE: ZIP: FAX: BUYER ADDRESS: CITY: STATE: ZIP: EMAIL (order confirmations will be sent here):
MARKETING / MERCHANDISING EMAIL: PRIMARY SHIP TO NOTE: If more than 1 ship-to location, please attach additional sheet(s) noting the same information below. BUSINESS NAME (DBA): ADDRESS: CITY: STATE: ZIP: EMAIL (BOLs will be sent here): FOR DELIVERY APPOINTMENT CONTACT: RECEIVING DAYS: RECEIVING HOURS: ZONE: (SFMCO USE ONLY) RESALE CERTIFICATE ATTACHED: Y / N FED ID # ATTACHED: Y / N (SUBMIT COPY OF CERTIFICATE WITH THIS APPLICATION) BANK ACCOUNT #: CONTACT TRADE* REFERENCE #1 COMPANY TERMS: CONTACT REFERENCE #2 COMPANY TERMS: CONTACT REFERENCE #3 COMPANY TERMS: CONTACT * Attach Trade Reference Sheet (if applicable) in lieu of completing this section. AGREEMENT THE INFORMATION CONTAINED HEREIN IS FOR THE PURPOSE OF OBTAINING CREDIT AND IS WARRANTED TO BE TRUE. CREDIT EXTENDED BY CREDITOR INCLUDES ALL DBA S. I/WE HEREBY AUTHORIZE STANDARD FURNITURE MFG. CO. INC. (SFMCO) AND/OR INTERNATIONAL FURNITURE MARKETING (IFM), ITS FACTORING PARTNERS AND OTHER CREDIT PROVIDERS AND CREDIT BUREAU AGENCIES TO RELEASE ANY AND ALL CREDIT INFORMATION ON THIS COMPANY AND OWNERS AND/OR INVESTIGATE THE REFERENCES LISTED IN THIS APPLICATION. AUTHORIZATION IS ALSO HEREBY GIVEN TO RELEASE ANY AND ALL INFORMATION OBTAINED, INCLUDING FINANCIAL STATEMENTS, BY SFMCO AND/OR IFM TO ITS FACTORING PARTNERS AND OTHER CREDIT PROVIDERS FOR THE PURPOSE OF EXTENDING CREDIT ON MY/OUR BEHALF. PRIOR WRITTEN NOTICE OF SELLING OR TRANSFERRING ASSETS OUTSIDE THE NORMAL COURSE OF BUSINESS OR CEASING OPERATIONS MUST BE PROVIDED TO SFMCO AND/OR IFM. SERVICE CHARGE 1 1/2% PER MONTH, 18% ANNUALLY MAY BE CHARGED ON PAST DUE ACCOUNTS. A $35 CHARGE WILL BE ASSESSED ON ALL RETURNED CHECKS. DELINQUENT ACCOUNTS MAY BE SUBJECT TO COLLECTION COSTS AND ATTORNEY FEES. CUSTOMER E-MAIL ADDRESS: SIGNATURE: (owner/officer) TITLE: PRINTED DATE:
INTERNAL USE ONLY DATE OF SITE VISIT: COMPLETED BY: PICTURES ATTACHED: Y / N APPROVED BY EVP OF SALES: DATE:
MAGNOLIA HOME MINIMUM ADVERTISED PRICE POLICY EFFECTIVE NOVEMBER 1, 2016 effective advertised price for MAGNOLIA Products less than the MSAP, and any price for a bundle of products that includes one or more of the MAGNOLIA Products. MAGNOLIA HOME BY JOANNA GAINES and other Joanna Gaines branded products (the MAGNOLIA Products ) are licensed products sold to you the retailers/dealers ( Dealers ) by the MAGNOLIA Products licensee ( Licensee ). The MAGNOLIA Products may include any of the trademarks listed on Attachment A, and the MAGNOLIA Products brand stands for high quality, comfortable and reliable furniture and accessories as well as the advice, service, knowledge and support necessary to maintain a high level of customer satisfaction available to end users of the MAGNOLIA Products. Advertised price means the price at which MAGNOLIA Products are advertised, whether on the Internet, in print, or in any other medium, after any discounts, rebates or other reductions in price are applied, including, but not limited to: (a) Rebates, volume incentives or any other discounting; (b) Gifts, premiums or services associated with the purchase of any other MAGNOLIA Products and/or other of Licensee s or its affiliate s products; (c) Payment of sales or other taxes for the customer; (d) Discounts on non-magnolia Products (including accessories) which are bundled in any way with MAGNOLIA Products; and/or (e) Free or discounted shipping. Advertising of discounted prices can negatively affect the goodwill associated with the MAGNOLIA Products, and cause damage to the standing and reputation that the MAGNOLIA Products have achieved in the marketplace. In an effort to protect the value of the MAGNOLIA Products and the investments of MAGNOLIA Products Dealers, Dealers must adhere to this Minimum Advertised Price ( MAP ) Policy regarding advertised retail pricing on MAGNOLIA Products, which is applicable to all Dealers in the United States. This MAP Policy applies only to Dealer s advertised prices, not to its selling prices. This MAP Policy has been unilaterally adopted for the MAGNOLIA Products to protect the reputation of the MAGNOLIA Products brand in the marketplace, and to encourage Dealers to provide a full range of services for and relating to the MAGNOLIA Products. All MAGNOLIA Products sold to Dealers must be sold directly by Dealers to the end user. Any unauthorized movement of MAGNOLIA Products to another reseller is in violation of the MAP Policy. MAP Policy Online Retail Dealers are free to sell MAGNOLIA Products at whatever prices they choose, but must advertise MAGNOLIA Products at or above the minimum suggested advertised prices ( MSAP ) listed and provided to Dealers from time to time by Licensee for the MAGNOLIA Products. This MAP Policy applies to all retail advertisements of MAGNOLIA Products (whether identified as MAGNOLIA Products or not) in any and all media, including, but not limited to flyers, posters, coupons, mailers, inserts, newspapers, email, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage ( Advertising ). Any MAGNOLIA Products that appear on the Internet for the purpose of online retail must be accompanied by an advertised price, which must be at least 10% higher than the printed MSAP. With a posted price at least 10% higher than the MSAP, online Dealer retailers may advertise free shipping on any MAGNOLIA Products orders. Licensee will, in its sole discretion, determine what activities constitute online retail. Dealers may not omit the price and substitute such terms as Call for special pricing, E-mail us for special pricing, or any other language that implies a lower price or is designated to obscure the actual advertised price. Any strike-through or other alteration of the MSAP is prohibited. Advertising below the MSAP violates the Policy. Violations include any price with strike- throughs, any price coupled with discounts such as coupons or free accessories resulting in an 1 3863366-4
Policy Violations This policy is Licensee s corporate decision and responsibility. Dealers compliance with this policy may be monitored and Licensee reserves the right to take action against Dealer(s) for any violation of this MAP Policy, including but not limited cancellation of any orders, indefinite refusal to accept new orders, and termination of the business relationship by Licensee with any Dealer(s) believed to violate this MAP Policy. ATTACHMENT A MAGNOLIA Products Brands Violations of this MAP Policy will be determined by Licensee at Licensee s sole discretion, and Dealers should not contact us to confirm their compliance or to report noncompliance by others. Policy Modifications This MAP Policy may be modified, suspended or discontinued in whole or in part at any time. Notice of any changes may be given by online, e-mail or other means. Products exempt from the MAP Policy: (a) Certain products and product groups may be exempt from the MAP Policy for factory authorized sales periods at any time; (b) Returned products and floor samples; (c) Products discontinued by Licensee; and/or (d) With prior authorization from Licensee, goods that would qualify for return. Confidentiality The terms of this MAP Policy are confidential and should not be disclosed. Contact Information The policies described herein are not negotiable. Licensee may provide updates to this MAP policy from time to time at its sole discretion. No employee, agent or representative of Licensee has authority to discuss or modify this policy. Any questions regarding these policies should be in writing and directed to Licensee by E-mail to: map@mhf.net, ATTN: MAGNOLIA HOME BY JOANNA GAINES MAP POLICY. This MAP policy supersedes all previous M MAGNOLIA Product MAP policies and shall remain in effect until amended or replaced. As part of being an authorized Magnolia Home Retailer, we agree to the Magnolia Home Minimum Advertised Price (MAP) Policy. I have read, understand and agree to the Minimum Advertised Price Policy outlined in this document by the COMPANY. COMPANY NAME NAME TITLE SIGNATURE DATE 2 3863366-4
MAGNOLIA HOME BY JOANNA GAINES BRAND TERMS AND CONDITIONS Magnolia Home by Joanna Gaines, which is owned and operated by Standard Furniture Manufacturing, (the COMPANY ) has created and posted online these Brand Guidelines to advise our customers ( Customers, you or your ) about the acceptable use of the MAGNOLIA trademarks (the MAGNOLIA Marks ) and related rights (individually or collectively, with the MAGNOLIA Marks, the MAGNOLIA Rights ) as listed below. These Brand Guidelines must be followed in connection your advertising, marketing and promotion of the MAGNOLIA branded products. By logging into and using this website, including but not limited to purchasing our goods or services, and in return for permission to use the MAGNOLIA Rights, you agree to follow the requirements set forth in these Brand Guidelines and any other applicable guidelines and policies set by the COMPANY, as well as all applicable laws, rules, regulations and guidelines. PERMISSIBLE USE(S) OF MAGNOLIA RIGHTS You may use the MAGNOLIA Rights only in connection with your promotion and sale of goods you purchase directly from the COMPANY, and which goods bear the MAGNOLIA Marks. When using any of the MAGNOLIA Marks, you must include the proper trademark marking/designation. Please contact the COMPANY if you have any questions as to which marking/ designation is applicable. You must have advance written approval from the COMPANY before including any MAGNOLIA Rights branded product images on any e-commerce, online or digital site. Once approved for e-commerce/online sales, approved COMPANY customers may only promote the MAGNOLIA Rights branded products that you physically carry on the floor or online. Customers may advertise, promote, and take orders online if the corresponding URL(s) does not misrepresent (intentionally or unintentionally) the MAGNOILIA MARKS, including Magnolia Home, Magnolia Market, or Magnolia Home Furniture. The use of custom, dedicated URLs such as MagnoliaHomeShop.com, etc. is not permitted; customers may only, upon prior written consent from the COMPANY, use the domain URL that is used by the primary customer business (i.e. YourDomain.com/Magnolia or Magnolia.YourDomain.com). You further acknowledge that the goodwill derived from your use of the MAGNOLIA Marks and/or MAGNOLIA Rights, as between Customer and the COMPANY, belongs exclusively to the COMPANY. Except for the limited use right granted to you as expressly permitted under these Brand Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. THE GAINES NAME/LIKENESS The use of the Gaines Name/Likeness is highly protected and authorization for use will be on a case-by-case basis in the COMPANY s or the Gaines sole discretion. When using the Gaines likeness in print advertising, 75% of that space must be allocated to Magnolia Home by Joanna Gaines products. All requests to utilize the Gaines Name/Likeness must be sent in writing for advance approval to the COMPANY at approvals@ mhf.net with copies of the proposed creative concept in which it will be used. Under NO circumstances may Customers use any images that are posted on MagnoliaMarket.com, HGTV.com, or any other third-party web or other resources. The COMPANY has legal rights to specific images that may, in the COMPANY s sole discretion, be provided to Customers for use, upon advance approval. The Gaines Name/Likeness will not be permitted for use on Billboards or any other large format properties. However, billboards may be used to promote the Magnolia Home Furniture line with the use of furniture imagery or the COMPANY s logo along with Customer s logo and/or information. The use of the Gaines Name/Likeness may be used, with advance approval, in large format media only if the use of the authorized image is at the physical location where the product is sold, such as a store sign in the window of a brick-and-mortar showroom. All usage requests for large format media must be submitted in writing for advance approval by the COMPANY at approvals@mhf.net with copies of the proposed creative concept and a photograph of the area in which it is intended to be used. 1 3659122-2
JOANNA GAINES SIGNATURE The use of Joanna Gaines signature requires prior approval from the COMPANY before use. All usage requests must be submitted in writing at approvals@mhf.net with a copy of the proposed creative concept and details of the manner in and location at which the signature is intended to be used by Customer. JOANNA GAINES NAME The use of Joanna Gaines name has restrictions and is limited to use ONLY as part of the official logo of MAGNOLIA HOME BY JOANNA GAINES as it appears in the MAGNOLIA Rights list below. For any additional use, including other official word and secondary trademarks, Customers must receive prior advance consent from the COMPANY. ADVERTISING, SOCIAL MEDIA, WEBSITE AND BLOG POLICY Laws governing copyrights, trademarks, privacy and publicity rights and false advertising apply to all advertisements, including websites, social media pages and blogs. As such, the content of a website, social media page or a blog should be viewed as if it were a traditional form of advertising, such as a TV commercial or a print ad. These Brand Guidelines should be followed to avoid possible issues of infringement and other claims. Promotions, including sweepstakes and contests, which involve or relate to the MAGNOLIA Rights must submitted to COMPANY and pre-approved by COMPANY in advance and with sufficient notice. SOCIAL MEDIA AND BLOGGING GUIDELINES It is important that all bloggers or others who write about any MAGNOLIA branded goods or services disclose their affiliation with companies whose goods/services the bloggers include in their blogs. Bloggers must post only their actual and honest opinions, beliefs or experiences with the product or service. VIOLATIONS OF BRAND GUIDELINES Any violation of these Brand Guidelines may result in immediate termination of, without limitation, any license, partnership, retailer or employment agreement, and/or in legal action. As part of being an authorized Magnolia Home Retailer, we agree to represent the Magnolia Home by Joanna Gaines Brand Terms and Conditions according to these guidelines. I have read, understand and agree to the terms and conditions outlined in this document by the COMPANY. NAME DATE 2 3659122-2