Who is bound by the provisions of the Bigfoot Forestry agreement?

r (b) require you to pay these fees directly to the cooperative. All cooperative advertising fees you pay are credited towards your Local Marketing Commitment. We may form, change or dissolve cooperatives in our discretion.

11. OPERATING STANDARDS.

• 11.1. Generally. You must operate your Business in full compliance with this Agreement, the Manual and our standards in order to maintain the goodwill associated with the Marks.
• 11.2. Brand Standards Manual. You must develop and operate your Business in strict compliance with the Manual. The Manual may contain, among other things:
  • (a) a list of (i) goods and services (or specifications for goods and services) you must purchase to develop and operate your Business and (ii) designated and approved suppliers;
  • (b) a description of the authorized goods and services you may sell;
  • (c) specifications, techniques, methods, operating procedures and quality standards; and
  • (d) policies and procedures pertaining to: (i) reporting and data entry; (ii) accounting and bookkeeping; (iii) insurance; (iv) marketing and advertising; (v) data ownership, use, transfer and protection; and (vi) any other matters we deem appropriate.

The Manual is designed to establish and protect our brand standards and the uniformity and quality of the goods and services offered by Bigfoot Forestry Businesses. We can modify the Manual at any time. Modifications are binding at the time we notify you of the change, subject to any "grace period" we provide to implement the change. All mandatory provisions in the Manual (whether included now or in the future) are binding on you.

• 11.3. Authorized Goods & Services. You must offer and provide all Bigfoot Forestry Services we require from time to time in our commercially reasonable discretion. We may designate certain Bigfoot Forestry Services as optional, in which case you have the option, but not the obligation, to offer such services. As a condition to offering optional goods or services you may be required to complete additional training, purchase additional equipment and tools and secure additional licenses or permits. You may not offer any other goods or services without our prior written permission. You may not sell any goods or services we have disapproved. You may not use your Business, or permit your Business to be used, for any purpose other than offering the goods and services we authorize. We may change authorized goods and services at any time and you must comply with our instructions regarding same. Any such change shall not constitute a termination of this Agreement.

• 11.4. Sales Restrictions. Except as otherwise provided in §3.2, you may only provide Bigfoot Forestry Services at job sites located in your Territory. Unless you receive our prior approval, you may not offer or sell goods or services through Alternative Channels of Distribution. During the Term, you may not use any equipment or tools you purchase from us or our affiliate for any purpose other than the operation of your Business. You may not sell any goods or services that we have not approved to customers who contract with you for Bigfoot Forestry Services. If we approve your request to sell goods or services to customers that are not part of our System you must: (a) include all revenue generated from such sales in Gross Sales and pay royalty and other fees based upon such revenue; and (b) comply with any other requirements we impose as a condition to granting our approval.

• 11.5. National Accounts. Due to the unique issues and operational complexities involved with managing and servicing National Account customers, you may not directly contract with National Account customers or provide Bigfoot Forestry Services involving job sites owned by National Account customers unless you obtain our prior approval. We have the exclusive right to enter into contracts with National Account customers. If you receive an inquiry from an existing or prospective National Account customer, you must immediately refer the inquiry to us. We may, but need not, provide you with the opportunity to service the National Account in accordance with §6.5.

• 11.6. Pricing. We will provide you with our suggested retail pricing. You may deviate from our suggested retail pricing at your discretion.

• 11.7. Customer Contracts. Our standard forms of customer contracts, releases and related agreements are integrated within our Technology Systems. Without our prior approval, you may not: (a) modify our forms of customer contracts, releases or related agreements; or (b) prepare your own forms of customer contracts, releases or related agreements. As a condition to approving any forms of customer contracts, releases or related agreements that you prepare, we may require that you hire local counsel to review such forms for compliance with local Laws at your expense.

• 11.8. Customer Payments. You must, at your expense, lease or purchase the necessary equipment and/or software and have arrangements in place with Visa, MasterCard, American Express and all other credit card issuers we designate, in order for you to be able to accept such methods of payment from customers. You must accept debit cards, credit cards, stored value cards, and other non-cash systems (including, for example, Apple Pay and/or Google Wallet) that we specify. You must acquire and install all necessary hardware and/or software used in connection with these non-cash systems.

11.9. Suppliers & Purchasing.

• (a) Generally. You must purchase, lease or license, as applicable, all goods, services and other items required by the Manual. You must only purchase goods and services that satisfy all standards and specifications we designate. You must comply with all sourcing and supplier restrictions we impose from time to time.
• (b) System Suppliers. In accordance with the Manual, you must purchase certain goods and services exclusively from suppliers we designate or approve. The Manual may designate us or our affiliate as a designated or approved supplier. We and our affiliates may generate a profit from these purchases.

Source: Item 23 — RECEIPT (FDD pages 42–162)