Acoat Selected Membership Agreement Header Image

Sikkens Acoat® Selected Membership Enrollment Agreement

Acoat® Selected membership offers many benefits and opportunities.  With those opportunities come certain obligations.  Please review the enclosed information carefully to make certain that you understand and agree with the commitment required when joining the Acoat® Selected program.

This Agreement (the “Agreement”) is entered into on

Date*

(the “Effective Date”) and sets forth the obligations and conditions between Akzo Nobel Coatings Inc., having an address at 535 Marriott Dr, Nashville, TN 37214 ("AkzoNobel") and

having an address at

Collision Repairer Address*

Recitals 

A. AkzoNobel is in the business of manufacturing, marketing and selling premium car refinish products under the brand name Sikkens as well as other brands and services for Collision Repair Center facilities; and

B. AkzoNobel has instituted a program which is offered to qualifying Collision Repair Centers pursuant to which certain business information, marketing and consulting services are provided to the Collision Repair Centers (hereinafter "Sikkens Acoat® Selected Program" or "Program"); and

C. Collision Repair Center desires to be a Member in the Sikkens Acoat® Selected Program

NOW THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows:

1. Overview of Sikkens Acoat® Selected Program

The Sikkens Acoat® Selected Program has several components from which to choose based on the needs of your collision center. Many of the Services are available to you for no fee from AkzoNobel, simply as a  benefit of buying Sikkens brand refinish products. Other Premium Services are offered on an “a la carte” basis and there are fees associated with these Services.

2. Appointment

AkzoNobel appoints Collision Repair Center as a Sikkens Acoat® Selected member and Collision Repair Center accepts this appointment subject to the terms and conditions stated in this Agreement. 

3. Term

A. The initial term of the Agreement shall expire one year after the above noted date.  Thereafter, if both parties agree, this Agreement will be automatically extended.

B. AkzoNobel may terminate this Agreement prior to the end of the one year period if Collision Repair Center fails to comply with the Collision Repair Center’s obligations as set forth in this Agreement. In the event Collision Repair Center fails to comply with the contractual obligations, AkzoNobel will advise Collision Repair Center of its deficiencies and permit Collision Repair Center thirty (30) days to correct same prior to terminating this Agreement.

C. Collision Repair Center can cancel this agreement by providing  written notice 30 days prior to the anniversary date of renewal. No credits will be issued for services requiring yearly fees.

4. Obligations of Collision Center

As a Sikkens Acoat® Selected program member, Collision Repair Center shall be obligated to the following:

a. To qualify as a Sikkens Acoat® Selected member Collision Repair Center must exclusively utilize Sikkens Brand paint products. This is defined as minimally 90% of all Paint purchases being Sikkens Brand.

b. Collision Repair Center shall remain in good credit standing with AkzoNobel or it’s designated distributor of refinish material.

c. Collision Repair Center agrees not to solicit or hire any Services Consultant employed by AkzoNobel Coatings and assigned to their Collision Center.

The above criteria may reasonably be amended from time to time.

5 Obligations of AkzoNobel

As a Sikkens Acoat® Selected program member, AkzoNobel shall offer Collision Repair Center various services as determined by AkzoNobel aimed at enabling Collision Repair Center to operate more efficiently and profitably.

6. Confidentiality

As a member of the Sikkens Acoat® Selected program, Collision Repair Center may be providing confidential information to AkzoNobel regarding Collision Repair Center’s operations and financial condition and AkzoNobel will be providing Collision Repair Center proprietary confidential information regarding methods and procedures for operating a body shop as well as consolidated financial information on all Sikkens Acoat® Selected members  (hereinafter collectively referred to as "Confidential Information").  Collision Repair Center and AkzoNobel each agree not to disclose the Confidential Information provided by the other party. Confidential Information shall not be deemed to include information which is in the public domain or was previously in the possession of the receiving party. Collision Repair Center hereby grants AkzoNobel permission to display its name, address, and contact information on the Program’s website and/or in printed material used to promote members to customers. This provision shall survive the expiration or termination of this Agreement.

7. Nature of Advice

AkzoNobel will provide in good faith to Collision Repair Center, information and suggestions aimed at enabling Collision Repair Center to operate more efficiently and profitably.  Collision Repair Center is under no obligation to utilize such information and suggestions. AkzoNobel does not assume any liability for the results of any business decisions which are made by the Collision Repair Center in reliance upon information or advice given to it by AkzoNobel.

8. Trademark Usage

Collision Repair Center shall have a limited right as a member to display the Acoat® Selected trade name, trademark or logo related to the Program. Such usage shall be in strict compliance with the criteria specified by AkzoNobel.  Collision Repair Center shall obtain AkzoNobel’s prior written consent to any usage of the Acoat® Selected trademark and trade name.  Upon termination of Collision Repair Center as a member, Collision Repair Center shall immediately cease all usage of the Acoat® Selected trademark and trade name.

9. Governing Law

 All disputes arising out of or in connection with this Agreement shall be decided in the State of Georgia and in accordance with Georgia Law except for rules regarding conflict of laws.

Collision Repairer Primary Contact Name*