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Certified Pre-Owned Boat Program Dealer Agreement

Between

MRAA Dealer Solutions LLC (“Solutions”) and

"Dealer"

having an address at

Attention:

CPO Program; Boat and Boat Engine Certification Procedures. Solutions and Dealer agree that Dealer shall join and participate in the certification program for pre-owned boats containing an engine or engines which are to be certified (the “CPO Program”) pursuant to the terms of this Agreement. Dealer shall certify boats and boat engines as “MRAA Certified Pre-Owned Boats” only in strict compliance with the requirements of the CPO Program, which are set forth in this Agreement and on Solutions’ website at cpoboats.com (the “CPO Portal”).
Term of Agreement. The term of this Agreement shall be the period commencing as of the later of the dates set forth adjacent to the signatures of the parties executing this Agreement (such date, the “Effective Date”) and ending upon that date which is two (2) years after the Effective Date, subject to automatic renewal for a like term, unless sooner terminated in accordance with the terms and conditions of this Agreement, provided that Solutions may terminate this Agreement upon thirty (30) days’ notice if Solutions elects, in its sole discretion to cease offering the CPO Program for any reason, or immediately in the event of material noncompliance with the terms of this Agreement by Dealer.
Official CPO Logos and Graphics. The logos and graphics of the CPO Program set forth in the CPO Portal, together with the name of Marine Retailers Association of the Americas (collectively, the “Licensed Property”), are the only logos, graphics or other intellectual property to be utilized for a pre-owned boat or pre-owned boat engine which has been certified under the CPO Program, unless the Licensed Property is altered or supplemented by Solutions in its sole discretion, and such utilization shall be governed by the licensing provisions set forth in the CPO Portal.
Release of Liability Waiver of Action, Limitation of Recovery, Legal Fees. Dealer warrants and agrees that in the event it shall sell or lease a CPO Program certified boat or boat engine, any contract of sale or lease shall contain language reasonably acceptable to Solutions in which the purchaser or lessee shall (i) release Marine Retailers Association of the Americas (“MRAA”) and Solutions from all liability to such purchaser or lessee under such a contract of sale or lease related to or directly or indirectly arising from such certification, (ii) confirm the applicability to the purchaser or lessee of the choice of law, submission to jurisdiction and jury trial waiver provisions of this Agreement as to MRAA and Solutions, (iii) waive any right to institute or participate in a group or class action suit against MRAA and/or Solutions related to or directly or indirectly arising from such certification, (iv) agree to limit its recovery to compensatory damages and to expressly waive any right to consequential or punitive damages, and (v) agree that in the event MRAA and/or Solutions is victorious in any suit, action or litigation brought against MRAA and/or Solutions by the purchaser or lessee, the purchaser or lessee shall be liable for the reasonable legal fees and expenses of MRAA and/or Solutions, as applicable, in connection with said suit, action or litigation.
Quality of Inspections, Research and Analysis. Dealer acknowledges that if the inquiries and inspections performed by Dealer are sub-standard or falsified, the goodwill and reputation of MRAA and Solutions would be impaired. Accordingly, Dealer agrees to use its best efforts such that the inquiries and inspections performed by Dealer pursuant to this Agreement shall be of high standards and quality, and fully compliant with all applicable federal, state and local laws and regulations, so as to maintain the integrity, prestige, reputation and good name of MRAA and Solutions.
Indemnity. Dealer shall at all times indemnify and hold harmless MRAA and Solutions, and their respective officers, directors, shareholders, employees, agents and representatives from and against any and all claims, damages, litigation, judgments, costs and expenses caused by or arising out of any (i) breach of any representation, warranty, obligation or covenant of Dealer contained herein, or (ii) any other claim related to or arising directly or indirectly from the CPO Program and/or the subject matter of this Agreement. MRAA and Solutions may each, at their respective election, defend any action, by their respective counsel and at the expense of Dealer. Dealer will cause its counsel to cooperate fully with MRAA, Solutions, and their respective counsel in the defense of such action. Dealer shall not admit any liability or compromise any suit pertaining to MRAA and/or Solutions without first obtaining consent of MRAA and/or Solutions, as applicable, in writing. MRAA is hereby expressly named as a third-party beneficiary of this Agreement.
Additional Terms and Conditions. Additional terms and conditions of this Agreement are set forth in the CPO Portal.

I have read and understand this Certified Pre-Owned Boat Program Dealer Agreement, have received a copy of it and agree to and accept all of its terms as contained herein.

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Signed by Jason Walz
Signed On: November 23, 2021

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November 23, 2021 6:01 pm CDT

Certified Pre-Owned Boat Program Dealer Agreement Uploaded by Jason Walz - mike@mraa.com IP 107.2.65.132