Setup Information

Carrier Account Information

Are you operating under a lease agreement with a larger carrier? *


Owner Information

 +

Other Authorized Users (Access to Management Portal)

 +

Banking Information

Bank Account Type *

Accountholder agrees that it has a continuing obligation to update the information provided on this Carrier Account and Credit Application. Accountholder will immediately notify Company, in writing, of any changes to the information provided herein.

Setup Information

RFID Tags? *
Checks? *



Additional Driver Information

Additional Unit Information

Additional Reefer Information

Appendix A

ACCOUNTHOLDER AGREEMENT
 
Love’s Travel Stops & Country Stores, Inc. (“Company”), QuikQ, LLC (“QuikQ”) and the party executing this Accountholder Agreement (“Accountholder”) via the Carrier Account and Credit Application, hereby enter into this Accountholder Agreement (“Agreement”) and agree as follows: Company and QuikQ provide their own purchase programs for fuel and other products and services (each a “Program”) as set forth in this Agreement (including the Accountholder Purchase Policy below), and Accountholder requests Company and QuikQ to provide the Program(s) for which Customer has applied or enrolled on or after the Effective Date. Company, QuikQ and/or their service providers provide credit and billing services (the “Services”).
 

ACCOUNTHOLDER PURCHASE POLICY

Accountholder acknowledges and agrees that (i) it will receive Services from Company and/or its affiliates for purchases made by Accountholder under the Program at retail locations owned or operated by Company and/or its affiliates (“Love’s Transactions”), and (ii) it will receive Services from QuikQ and/or service providers of QuikQ for all Transactions (as herein defined) other than Love’s Transactions (“Non-Love’s Transactions”), pursuant to the terms and conditions set forth herein. Accountholder will select purchase policies during customer setup. Variations from stated policies will not be paid to a merchant by Company or QuikQ, or billed to Accountholder by Company or QuikQ, unless Accountholder approves all variations. Accountholder hereby agrees to all terms herein and to pay all fees set forth on the fee schedule attached hereto as Appendix B and made part of this Agreement. Accountholder represents and covenants that purchases by Accountholder or its Authorized Users under the Program (collectively, “Transactions”) are and will be for business or commercial credit only. Accountholder shall from time to time designate those of its employees and contractors that are authorized to use the Payment Instrument(s) (each, an “Authorized User”), and shall provide Company and QuikQ notice of any addition, change or removal of any Authorized User in writing no less than 3 business days prior to such addition, change or removal. “Payment Instruments” shall include cards, electronic check/money codes, paper checks, draft authorizations, radio frequency identification (RFID)-enabled fuel authorizations, mobile payment methods and any other account access devices approved by Company. Use of the Payment Instrument(s) by Accountholder includes use by the Accountholder, any Authorized Users or anyone under Accountholder’s or any Authorized User’s control, and Accountholder’s (or its Authorized Users’) signature in connection with any Payment Instrument transaction signifies Accountholder’s agreement to the terms and conditions set forth herein. Accountholder is liable for any unauthorized use of the Payment Instrument(s). Company is entitled to offset any amount Company may owe Accountholder or its owners, or any affiliate of Accountholder or its owners, against any claims Company has against Accountholder. QuikQ is entitled to offset any amount QuikQ may owe Accountholder or its owners, or any affiliate of Accountholder or its owners, against any claims QuikQ has against Accountholder. Notice of a disputed transaction shall be provided by Accountholder to Company or QuikQ, as applicable, in writing and shall include customer name, Payment Instrument number, disputed amount, invoice number and date of transaction. If not disputed within 30 days of the transaction date, all charges for Non-Love’s Transactions are considered valid and no adjustments will be made. If not disputed within 90 days of the transaction date, all fuel charges incurred in a Love’s Transaction are considered valid and no adjustments will be made. If not disputed within 180 days of the transaction date, all charges, other than fuel charges, incurred in a Love’s Transaction are considered valid and no adjustments will be made. If any Payment Instrument is used in any country other than the United States, Company will convert the foreign currency into U.S. Dollars at an appropriate rate selected by Company or QuikQ, as applicable, and Accountholder will be billed in US Dollars.

PAYMENT INSTRUMENT CANCELLATION POLICY

Accountholder shall notify QuikQ promptly of any lost, stolen, or compromised account access information, or Payment Instrument(s) or to cancel Payment Instrument(s). Accountholder is responsible for all purchases on lost, stolen, compromised, or cancelled Payment Instrument(s) prior to written notification of cancellation to QuikQ by email at customer@QuikQsupport.com.

FRAUD CONTROLS

Accountholder agrees to have daily transaction and spending limits in place on all Payment Instruments based on spending needs of its drivers. Accountholder must ensure that identification codes (Driver IDs, Pin #’s, and Vehicle IDs) and Payment Instruments are safeguarded and kept separate from one another.

ACCOUNTHOLDER CREDIT / PAYMENTS

Accountholder shall furnish Company and/or QuikQ with current financial information upon request. If Accountholder does not wish to provide current financial information, Accountholder may furnish the Company and/or QuikQ, as applicable, a bank letter of credit or other security that Company and/or QuikQ deems acceptable prior to the issuance of any Payment Instrument(s) to Accountholder. Accountholder shall pay all amounts payable for Transactions, any applicable fees and any and all applicable sales, use or other taxes that are imposed with respect to Accountholder’s use of the Program (other than Company’s and QuikQ’s income taxes). Company will from time to time provide Accountholder with invoices setting forth the amount due from Accountholder for Love’s Transactions for the applicable payment cycle and the due date for such payment. QuikQ will from time to time provide Accountholder with invoices setting forth the amount due from Accountholder for all Non-Love’s Transactions for the applicable payment cycle and the due date for such payment. Late payments will be assessed a late charge of 1 ½% per month, prorated until the date such payment is made in full. In addition, Accountholder shall weekly, or more frequently as may be determined to be necessary by Company or QuikQ, as applicable, to keep the account balance within the line of credit or within payment terms, make payments to the Company or QuikQ. Accountholder agrees to Electronic Funds Transfer as the method of payment to Company and QuikQ. Company and QuikQ are authorized to initiate payment on the applicable billing date. This authorization is to remain in effect for 12 months or until Company and QuikQ are notified, in writing, of cancellation, whichever is later. If funds are found to be insufficient for any payments due Company, Accountholder is subject to a nonsufficient funds (“NSF”) charge of $50.00 for each returned payment and an administration fee of up to 15% of the NSF amount or, if less, the maximum amount allowed by law. If funds are found to be insufficient for any amount due QuikQ, Accountholder is subject to a NSF charge of $50.00 and an administration fee of up to 15% of NSF amount or, if less, the maximum amount allowed by law. If Accountholders bank or Accountholder for any reason should fail to timely pay any amount due Company or QuikQ, Accountholder understands and agrees that Company or QuikQ may immediately suspend all Payment Instruments held by Accountholder and draw against the letter of credit or other security held by the Company or QuikQ, as applicable, on behalf of the Accountholder. Any payments received will be applied first to any unpaid charges and fees, then to the past due balance, then to any new purchases. Company may raise or lower Accountholder’s credit line with respect to Love’s Transactions at its sole discretion without notification to Accountholder, and QuikQ may raise or lower Accountholder’s credit line with respect to Non-Love’s Transactions at its sole discretion without notification to Accountholder.

TERM AND TERMINATION

The initial term of the Services and this Agreement shall be for one (1) month commencing on the Effective Date. The term of this Agreement shall automatically renew for successive one (1) month terms unless one party provides written notice of non-renewal to the other party at least ninety (90) days in advance of the end of the then-current term. Upon termination, Accountholder will pay the sums due Company and QuikQ according to the above payment procedure. The paragraphs of this Agreement titled “Indemnification”, “Disclaimers and Limitations”, “Arbitration” and “Miscellaneous Provisions” shall survive any termination of this Agreement.

REPRESENTATIONS, WARRANTIES AND COVENANTS

Accountholder represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable agreement of Accountholder, and its execution and performance of this Agreement: (i) does not constitute a breach of any agreement of Accountholder with any other party, or of any duty arising in law or equity; does not violate any law, rule or regulation applicable to it; (iii) is within Accountholder’s powers; and (iv) has been authorized by all necessary action of Accountholder. Accountholder will comply with all and will not use the Program in violation of any, applicable laws. Accountholder will provide Company and QuikQ with advance written notice of: (x) any change in Accountholder’s legal structure or legal name; (y) any consolidation, merger or sale of a substantial part of Accountholder’s assets; or (z) any change of control of Accountholder.

INDEMNIFICATION

Accountholder shall indemnify, defend and hold harmless Company, its directors, officers, employees, interest holders, affiliates, service providers and agents against any claims, losses, costs, fines, penalties or damages (including court costs and reasonable attorneys’ fees) (collectively, “Claims”) arising out of or related to Accountholder’s (and Authorized Users’ and their affiliates’, employees’, agents’ or representatives’): (i) negligent or willful misconduct; (ii) breach of this Agreement; (iii) use or misuse of the Program or any Service; or (iv) infringement or misappropriation of any intellectual property of a third party; in each case, except to the extent such Claim is caused by the gross negligence or willful misconduct of Company. Accountholder shall indemnify, defend and hold harmless QuikQ, its directors, officers, employees, interest holders, affiliates, service providers and agents against any Claims arising out of or related to Accountholder’s (and Authorized Users’ and their affiliates’, employees’, agents’ or representatives’): (i) negligent or willful misconduct; (ii) breach of this Agreement; (iii) use or misuse of the Program or any Service; or (iv) infringement or misappropriation of any intellectual property of a third party; in each case, except to the extent such Claim is caused by the gross negligence or willful misconduct of QuikQ.

DISCLAIMERS AND LIMITATIONS

Neither the Company, QuikQ nor their service providers warrant that the Program or any products or Services provided hereunder will be provided uninterrupted or error-free, and Company, QuikQ and each of their service providers hereby disclaim any warranty of any kind to Accountholder, whether with respect to the Program, any products or Services provided by Company, QuikQ or their service providers hereunder or otherwise, including, without limitation, any warranty of title, merchantability, fitness for a particular purpose or non-infringement. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER THE COMPANY, QUIKQ NOR THEIR SERVICE PROVIDERS SHALL BE LIABLE TO THE ACCOUNTHOLDER, OR ITS OWNERS, OR ANY AFFILIATE OF ACCOUNTHOLDER OR ITS OWNERS, WHETHER IN AN ACTION OF CONTRACT OR TORT, FOR ANY LOST PROFITS, LOSS OF USE, LOST BUSINESS OPPORTUNITIES, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT, USE OF THE PROGRAM OR ANY PRODUCTS OR SERVICES OF COMPANY, QUIKQ OR THEIR SERVICE PROVIDERS PROVIDED HEREUNDER, EACH OF WHICH IS HEREBY PRECLUDED AND WAIVED BY AGREEMENT OF THE PARTIES, EVEN IF THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DEFAULT

In the event Accountholder breaches or defaults on any of its obligations under this Agreement, Accountholder irrevocably authorizes Company and QuikQ, at their option, to notify any person or entity providing financing to Accountholder or purchasing any account from Company and/or QuikQ (each, a “Lender/Factor”) of such default and Accountholder hereby irrevocably directs and authorizes any such Lender/Factor to wire directly to Company and/or QuikQ, in such proportion and amounts as agreed to by Company and QuikQ, any funds available to such Lender/Factor as such Lender/Factor funds Accountholder or any funds received by such Lender/Factor as a payment on any accounts purchased by such Lender/Factor from Accountholder, until the balance from Accountholder to Company and/or QuikQ is paid in full. Accountholder is and shall be liable to Company and QuikQ for all costs and expenses incurred by Company and QuikQ in collection and enforcing their rights hereunder, including, but not limited to, late charges and attorney’s fees, if any, incurred by the Company and QuikQ to collect all amounts due on Accountholder’s account and/or foreclosing on its lien and security interest. Accountholder agrees that in the event of Accountholder’s default hereunder, Company and QuikQ may institute suit against the Accountholder in the courts described below and that service of process by certified mail, return receipt requested, postage prepaid and addressed to Accountholder shall be sufficient to confer jurisdiction of said courts, regardless of where Accountholder is geographically located or does business.

ARBITRATION

Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement or the Program (including, without limitation, disputes, controversies or claims arising out of the breach, termination or validity of this Agreement), whether legal or equitable, shall be finally resolved by arbitration; provided, however, that the foregoing shall not apply with respect to any action or claim by Company or QuikQ to collect from Accountholder any amount due on Accountholder’s account. The arbitrator or arbitration tribunal, as set forth in this paragraph, shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND EXPRESSLY WAIVE THE RIGHT TO ARBITRATE ON ANY TYPE OF CLASS, REPRESENTATIVE OR OTHER MULTI-PARTY BASIS. THE ARBITRATOR OR ARBITRATION TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ONE ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S OR ARBITRATION TRIBUNAL'S POWER TO RULE ON ITS OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR OR ARBITRATION TRIBUNAL HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS PARAGRAPH WILL REMAIN IN FORCE. Either party may institute an arbitration proceeding by filing a claim with JAMS. At the time of filing the claim the filing party shall provide the other with a copy of the filing. Any arbitration shall be undertaken pursuant to the Federal Arbitration Act, where applicable, and the decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Arbitration shall be held in Oklahoma City, Oklahoma, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”), or, upon mutual agreement of the parties, the JAMS Optional Expedited Procedures. There shall be one (1) arbitrator unless the amount in controversy exceeds $1,000,000, in which case either party may elect to require a panel of three (3) arbitrators. The single arbitrator shall be selected by mutual agreement of the parties, and if the parties cannot agree, the arbitrator shall be selected as prescribed the Rules. In the event the amount in controversy permits one party to elect to require a panel of three (3) arbitrators, and a party exercises that right, each party shall select one arbitrator and the two arbitrators shall select an independent third arbitrator to act as the chief arbitrator. The parties shall share equally the fees and expenses of the arbitrator(s) until conclusion of the matter. The arbitrator(s) shall award the prevailing party its costs and attorneys’ fees in connection with the arbitration and shall order that the prevailing party be reimbursed for its share of arbitrator and JAMS fees incurred. The decision of the arbitrator shall be accompanied by a reasoned opinion and is subject to the limitations stated in this Agreement. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. If either party determines the need to obtain emergency or preliminary injunctive relief, that party shall notify JAMS and the other party, in writing, of its intent to seek injunctive relief of the matter. The Emergency Relief Procedures set forth in Rule 2(c) of the Rules shall govern such process.

CHANGES AND NEW TERMS

Company and QuikQ (with each other’s consent) may change the terms of this Agreement, as well as effect new terms, from time to time in its sole discretion (each a “Change”). Company and/or QuikQ will give notice of a Change in writing, or through its website or online portal. Accountholder’s use of the Services after ten (10) days from the date notice of a Change was given constitutes acknowledgment and acceptance of the Change, as of the actual effective date of such Change.

CREDIT SUPPORT

At any time, and from time to time, Company and/or QuikQ may, in their sole discretion, require a personal guaranty or other credit support or security with respect to Accountholder’s obligations under this Agreement. In connection therewith, Company and/or QuikQ may require Accountholder or any other person providing such personal guaranty or other credit support or security to furnish such financial and other information as Company and/or QuikQ may determine to be necessary or desirable.

CREDIT INFORMATION

All financial and other information submitted by Accountholder or any other person in support of this Agreement is true and complete in all respects and may be exchanged among Company, QuikQ and any third party associated with the Program.

NOTICE

Any written notice required under this Agreement must be given in writing to the proper address set forth herein and shall be deemed duly given or made (i) on the day following notice being directed to the receiving party by, either (a) nationally recognized overnight courier service, or (b) solely for notice to Accountholder, email; or (ii) five (5) days after it is sent by registered or certified mail, return receipt requested, postage prepaid. Notice shall be provided to: if to Accountholder: the business address and at the attention of the primary contact set forth in Accountholder’s Carrier Account and Credit Application; if to Company: Attn: Client Management, Love’s Travel Stops & Country Stores, Inc., 10601 N. Pennsylvania Avenue, Oklahoma City, OK 73120; and if to QuikQ: Customer Service, QuikQ Purchase Program, 8650 College Boulevard, Overland Park, KS 66210. A party may amend its designated notice address by giving notice of such amendment to the other party pursuant to the terms of this paragraph or as otherwise allowed by Company and QuikQ.

DATA TRANSFER RELEASE

Accountholder hereby authorizes QuikQ to disclose and transmit to Trans-Alliance, in any form or medium, including, without limitation, electronic transfer, any and all information, data and other content with respect to Accountholder’s transactions contained within QuikQ’s information systems (“Data”). Such Data may include, without limitation, the subject, cost, time and location of Accountholder transactions undertaken and processed through QuikQ’s information systems. QuikQ is authorized to disclose and transmit any and all Data to Trans-Alliance, in any form or medium, including, without limitation, electronic transfer, until QuikQ receives written notice from either the Accountholder or Trans-Alliance that the Data is no longer required, or this Agreement is terminated for any reason.

MISCELLANEOUS PROVISIONS

This Agreement shall be governed by the laws of the State of Tennessee, and it is agreed that, except as otherwise expressly set forth herein, the jurisdiction of any legal action connected with this Agreement shall be exclusively in the state or federal courts located in the State of Tennessee. Notwithstanding the foregoing, each of Company and QuikQ may, at its option, choose to pursue legal action against Accountholder in any state in which Accountholder does business or where jurisdiction may otherwise be proper. Each supplier, service provider, subcontractor or other third party retained or engaged by or with Company or QuikQ in connection with the Program is hereby expressly made a third-party beneficiary of and to all rights and remedies of Company or QuikQ, respectively, hereunder and may enforce the provisions hereof as if it were a party hereto. Accountholder may not assign this Agreement or any interest, payment or rights under this Agreement for any reason, without Company’s and QuikQ’s prior written consent. Company and/or QuikQ may assign this Agreement and its obligations, transfer any right, or delegate any duty of performance under this Agreement to any person without consent or further notice. If any portion of this Agreement is held to be invalid, the remaining portions shall remain in full force and effect. Failure of any party to exercise any of its rights under this Agreement in a particular instance will not be construed as a permanent waiver of those rights. The parties agree voluntarily, intentionally and irrevocably to waive all right to trial by jury in any proceeding arising out of this Agreement, Accountholder’s application for credit, or any related documents. All remedies under this Agreement will be deemed cumulative and not exclusive.


Applicant agrees to Appendix A *

Appendix B


Applicant agrees to Appendix B *

Appendix C

ELECTRONIC CONSENT POLICY

Please read the following important information carefully and retain a copy for future reference. As part of your relationship with us, you have the right to receive certain information “in writing” – which means you are entitled to receive such information on paper. To better serve you, we would like to provide you with this information electronically, but we need your consent to use Electronic Records (defined below) in our relationship with you. This document informs you of your rights when receiving Electronic Records from us in connection with the Love’s Universal program for which you will apply (“Account”). You must read and consent to the terms outlined below.

Definitions
For purposes of this Electronic Consent Policy, the following terms have the following meaning:
     1.“We,” “us,” and “our” refer to Love’s Travel Stops & Country Stores, Inc., QuikQ, LLC and any other person or entity who provides services relatedto your Account.

     2.“You” and “your” means the person giving this consent, and also each additional applicant, accountholder, authorized user, and account contact onthe Love’s Universal program you apply for.

     3.“Electronic Records” are any legally-required disclosures, terms and conditions, agreements, Account information, notices, statements, and otherinformation provided to you electronically.

Your Consent to Use Electronic Records and Signatures
By agreeing to this Electronic Consent Policy, you acknowledge receipt of this document, consent to the use of Electronic Records and electronic signatures in connection with your account (collectively, “Your Consent”). Your Consent is effective until you withdraw Your Consent. We may always, in our sole discretion, provide you with a document in writing, even when you have chosen to receive it electronically. 

Requesting Paper Copies
You may request paper copies of Electronic Records with respect to Love’s Transactions at no cost by writing to Love’s Travel Stops & Country Stores, Inc. at Attn: Client Management, Love’s Travel Stops & Country Stores, Inc., 10601 N. Pennsylvania Avenue, Oklahoma City, OK 73120, or emailing Love’s Travel Stops & Country Stores, Inc. at clientmanagement@loves.com You may request paper copies of Electronic Records with respect to Non-Love’s Transactions at no cost by writing to QuikQ, LLC at Attn: Customer Service, QuikQ Fuel Card Program, 8650 College Boulevard, Overland Park, KS 66210, or emailing QuikQ, LLC at customer@QuikQsupport.com.

Doing Business Electronically / Hardware and Software Requirements
Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described in this
paragraph. To access and retain Electronic Records electronically, you will need to use the computer software and hardware identified below. “Current Version” means a version of the software or hardware that is currently being supported by its publisher. You will need the following:
     •Internet access, Current Version (defined below) of a PDF reader (such as Adobe® Acrobat),
     •Current Version of an Internet browser (such as Chrome, Edge, Firefox, Internet Explorer and Safari),
     •A personal computer, mobile device, or other device capable of supporting the requirements listed above.
If these requirements change in a way that creates a material risk that you would not be able to receive or retain your Electronic Records, we will notify you. Continuing to use Electronic Account Services after receiving notice of the change is reaffirmation of Your Consent.

Withdrawing Consent
You have the right to withdraw Your Consent at any time and at no cost to you. If you withdraw Your Consent prior to the approval of your application, this will prevent you from receiving credit from us based upon an online application. If at any time you wish to withdraw Your Consent with respect to Love’s Transactions, contact Love’s Travel Stops & Country Stores, Inc. toll free at 844.417.2300 or write to Love’s Travel Stops & Country Stores, Inc. at Attn: Client Management, Love’s Travel Stops & Country Stores, Inc., 10601 N. Pennsylvania Avenue, Oklahoma City, OK 73120. If at any time you wish to withdraw Your Consent with respect to Non-Love’s Transactions, contact QuikQ, LLC toll free at 800.876.8584 or write to QuikQ, LLC at Attn: Customer Service, QuikQ Fuel Card Program, 8650 College Boulevard, Overland Park, KS 66210. If you withdraw Your Consent, the legal enforceability of any prior Electronic Record will not change. 

Your Consent to Electronic Communications (“Communications”)
You provide your consent and agree that we may contact you for any lawful reason, including, but not limited to, in connection with your application and Account, including for the collection of amounts owed to us. We may contact you at such addresses or numbers (including wireless cellular telephone numbers and ported landline numbers) as you may provide to us from time to time. We may use any means of communication, including, but not limited to, postal mail, telephone, electronic mail, text messaging, voice messages, or other technology, to reach you.
By providing Your Consent, you
     1. Acknowledge that you have the technical ability to access the Electronic Records in the designated formats described above;

     2. Acknowledge that you have read the information about Electronic Records, Electronic Signatures and Communication;

     3. Consent to having legally-required disclosures, terms and conditions, agreements, Account information, notices, statements, and other informationprovided or made available to you in electronic form and doing business with us electronically;

     4. Acknowledge that you may request a paper copy of an Electronic Record at no charge to you; and

     5. Indicate your intent to utilize electronic signatures to apply for credit and process transactions on your account.
Applicant agrees to Appendix C *

Guaranty

This Guaranty (“Guaranty”) is given this day of __________ , by ____________________ (“Guarantor”), located at

United States email:___________________  to and for the benefit of Love’s Travel Stops & Country Stores, Inc. and QuikQ, LLC (collectively, the “Companies”).
 
Guarantor executes and delivers this Guaranty to Companies in consideration of Companies entering into one or more agreements (including, without limitation, an Accountholder Agreement) with (“Accountholder”), a person owned, directly or indirectly, in whole or in part, by, or otherwise affiliated with, Guarantor, for the provision of credit and billing services by Companies and/or their service providers in connection with Companies’ provision of their own and third party purchase programs (individually and collectively, the “Program”) for fuel and other products and services (individually and collectively, the “Agreement”).

1.Guaranty. Guarantor hereby guarantees to Companies the prompt and full payment on demand of all obligations that are due and payable fromAccountholder to Companies arising out of the Agreement (collectively, the “Obligations”). Guarantor further promises to pay all reasonable out-of-pocket attorneys’fees and other damages, costs and expenses incurred by Companies as a result of Accountholder’s failure to fully and faithfully pay any monies due to Companiespursuant to the Agreement, and with Guarantor’s failure to fulfill its obligations under this Guaranty. In addition, Guarantor agrees to reimburse Companies for allsums paid to Companies by Accountholder that Companies are subsequently required to return or repay for any reason, including, without limitation, Accountholder’sbankruptcy or insolvency or a requirement of any legislative enactment or judicial proceeding affecting the exercise of creditors’ rights. Prior demand for payment byCompanies against Accountholder shall not be a prerequisite to the obligations of Guarantor hereunder. Guarantor’s obligations under this Guaranty are independentof the Obligations. Companies shall have the right to bring separate actions against Guarantor and Accountholder, notwithstanding that such actions may be related.However, Companies shall not be required to first bring suit or otherwise exhaust their remedies against Accountholder or any other person or entity before bringing anyaction against Guarantor for payment under this Guaranty. Guarantor acknowledges that the amendment to or modification of the Agreement shall not discharge orotherwise affect the liability of Guarantor under this Guaranty. Guarantor further agrees that its obligations hereunder shall be unconditional, irrespective of anycircumstance that might otherwise constitute a legal or equitable discharge of surety or guarantor.

2.Term. This Guaranty shall be a continuing guaranty of payment from the date of execution until the expiration or termination in full of the Agreement,provided that this Guaranty shall continue in full force and effect with respect to those Obligations that, pursuant to the terms of the Agreement, survive the expiration or termination of the Agreement, in each case, for the duration of such survival.

3.Waiver of Notice. Except as provided in paragraph 5 herein, Guarantor hereby waives any notice from Companies, including, without limitation, thefollowing: (a) notice of acceptance of this Guaranty by Companies; (b) notice that Accountholder has entered into the Agreement or any amendment thereto or modification thereof and has incurred the Obligations in connection therewith; (c) notice of waiver, modification or amendment of any of the terms of the Agreement, including, without limitation, any extension of time for the payment of any sums due to Companies from Accountholder; (d) notice of presentment, demand for payment, acceleration, dishonor or protest; and (e) notice of any defaults by or disputes with Accountholder in connection with the Agreement.

4.Security. The obligations of Guarantor to Companies hereunder shall not be affected by any security, release or exchange of collateral as security for theObligations.

5.Payment and Other Notices. Guarantor shall pay or repay Companies, free of any deductions or withholdings, all monies due Companies pursuant to thisGuaranty within ten (10) business days after receiving written demand for payment from either Company. Guarantor shall make payment of such amount in U.S.dollars and immediately available funds. Any notice given to either Company shall be sent to, and all payments becoming due and payable by Guarantor hereundershall be payable at, the principal business office of such Company. Demands on Guarantor for payment under this Guaranty and any other notice to Guarantor shallbe in writing and delivered by mail, email or telecommunication to Guarantor at the address set forth in the preamble to this Guaranty (or to such other address oraddresses as Guarantor may from time to time designate by written notice to Companies at their respective principal business offices), and shall be deemed dulygiven or made (a) on the day following notice being directed to Guarantor by either nationally recognized overnight courier service or email, or (b) five (5) days afterit is sent by registered or certified mail, return receipt requested, postage prepaid.

6.Successors, Assignment. This Guaranty shall extend to all Obligations assumed or incurred by the successors and assigns of Accountholder. Anyreorganization, merger or recapitalization of Accountholder shall not abrogate or impair the obligations of Guarantor, and this Guaranty shall inure to the benefit of the successors and assigns of Companies. Guarantor shall not assign this Guaranty without the prior written consent of Companies.

7.Amendment. This writing represents the complete and exclusive statement of the terms of the guaranty by Guarantor of the Obligations. This Guaranty maybe modified or amended only by a duly authorized written instrument executed by Company and Guarantor.

8.Miscellaneous Provisions. This Guaranty shall be governed by the laws of the State of Oklahoma, and, except as otherwise expressly set forth herein, thejurisdiction of any legal action connected with this Guaranty shall be exclusively in the state or federal courts located in the State of Oklahoma. Notwithstanding the foregoing, either Company may, at its option, choose to pursue legal action against Guarantor in any state in which Guarantor does business or where jurisdiction may otherwise be proper. Each supplier, service provider, subcontractor or other third party retained or engaged by or with Companies in connection with the Program is hereby expressly made a third-party beneficiary of and to all rights and remedies of Companies hereunder. If any portion of this Guaranty is held to be invalid, the remaining portions shall remain in full force and effect. Failure of Companies to exercise any of their rights under this Guaranty in a particular instance will not be construed as a permanent waiver of those rights. Guarantor agrees voluntarily, intentionally and irrevocably to waive all right to trial by jury in any proceeding arising out of this Guaranty or any related documents. All remedies under this Guaranty will be deemed cumulative and not exclusive.

9.Effectiveness, Authority. Guarantor represents and warrants that, at the time of the execution and delivery of this Guaranty, no financial condition orotherwise exists to impair in any way the obligation and liability of Guarantor to Companies hereunder. If Guarantor is an entity, the signatory on behalf of Guarantor represents and warrants that he or she is authorized to execute this Guaranty on behalf of Guarantor and to bind Guarantor hereunder.

EXECUTED as of the date first set forth above.

Guarantor Signature *
clear


Sign & Submit Application

The undersigned hereby (i) authorizes Love’s Travel Stops & Country Stores, Inc., (ii) QuikQ, LLC, and (iii) their affiliates and service providers, and any third party associated with any purchase program provided by Love’s Travel Stops & Country Stores, Inc. (collectively, the “Authorized Parties”) to obtain credit reports with respect to the undersigned in connection with this credit application and to obtain credit information from any relevant bank(s) and (ii) acknowledges and agrees that any Authorized Party may distribute any such report or information to any other Authorized Party.

The undersigned hereby acknowledges and agrees it has reviewed and agrees to the terms and conditions of the Accountholder Agreement attached hereto as Appendix A and the Fees attached hereto as Appendix B.
By signing below, the undersigned hereby acknowledges that he or she is authorized to enter into this Carrier Account and Credit Application on behalf of Accountholder.
Signature *
clear