Authorized Reseller Agreement — 2026 Edition
Between Herculex Flooring Factory ("Herculex"), a company under Moroccan law, and the undersigned reseller ("the Reseller"), it is agreed as follows. This agreement grants the Reseller the status of Herculex Authorized Reseller, conditional on full compliance with the commitments below.
- Recommended retail price and brand positioning. The recommended retail price of Herculex products is set at 159 dirhams (MAD) incl. tax per m², in accordance with the official price list communicated by Herculex. The Reseller acknowledges that this recommended price reflects the brand's premium positioning and undertakes to preserve the brand's image, value and pricing consistency on the market. Any commercial practice harming the brand image or positioning of Herculex products constitutes a serious breach and may trigger immediate review of the partnership, including termination under Article 5.
- Payment terms. Payments are due net 30 days from invoice date, on all quantities ordered, without exception. Any late payment automatically triggers the late-payment penalties provided by Law No. 69-21 on payment terms, immediate suspension of pending deliveries and, where applicable, switching the account to payment on order.
- Professionalism and brand representation. As an Authorized Reseller, the Reseller undertakes to act professionally and to present Herculex products accurately, completely and in accordance with the technical specifications and official materials provided by Herculex. Any customer complaint regarding inaccurate, misleading or unprofessional presentation will trigger an internal investigation by Herculex. If the breach is established, Herculex may suspend the Authorized Reseller status, temporarily or permanently, depending on severity.
- Prohibition of substitution and exclusive use of displays. The Reseller is strictly prohibited from: (a) substituting Herculex products with products of another brand or origin, in particular by presenting or selling them as Herculex products; (b) using Herculex displays, samples, POS and brand materials to exhibit, promote or sell third-party products. Any established breach triggers immediate termination of this agreement by operation of law, revocation of the Authorized Reseller status, immediate return of displays and materials, and exposes the Reseller to legal action for unfair competition (art. 84 of the Dahir of Obligations and Contracts) and trademark infringement (Law No. 17-97 on industrial property), without prejudice to damages.
- Term, termination and governing law. This agreement is concluded for twelve (12) months, tacitly renewable. Either party may terminate at any time with thirty (30) days' written notice. In case of serious breach (Articles 2, 3 and 4), termination is immediate, without notice or compensation. Termination entails revocation of the Authorized Reseller status and prohibition from using the Herculex brand and materials. This agreement is governed by Moroccan law; any dispute falls under the exclusive jurisdiction of the Commercial Court of Casablanca.
The price in Article 1 is a recommended price within the meaning of Law No. 104-12 on price freedom and competition.
