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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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SALE REPRESENTATION AGREEMENT
___________, referred to as BBS and _______________, referred to
as SALES REPRESENTATIVE AGREE:
___________, referred to herein as BBS, herewith appoints
_________________, referred to herein as SALES REPRESENTATIVE,
as a sales representative for a period of ________ in the
following territory:
______________________
SALES REPRESENTATIVE shall represent the following products
offered by the BBS:
_____________________
The territory described above shall be a___________ territory for
a period of __________
All such orders shall be taken at the stated price for the
product in effect at that time, unless prior approval, in writing
for another price has been agreed upon. All such orders shall be
subject to acceptance by the company and, if terms are offered,
subject to final credit approval by BBS. BBS shall have the right
to provide contract blanks should it so desire for sales orders,
and the same shall be used by SALES REPRESENTATIVE if provided.
For any and all orders solicited within SALES REPRESENTATIVE's
territory, subject to the qualifications set below, SALES
REPRESENTATIVE shall be entitled to a commission of:
___ Per cent of _____ sales
Said commissions shall be paid on a _______ basis. BBS may, in
its discretion, withhold all or a portion of any commission if
payment has not been received in full. Should BBS advance any
commission and the sale not be collected, then the SALES
REPRESENTATIVE shall reimburse ___________ for the same upon
request.
THIS AGREEMENT is for the provision of independent contractor
services, and, shall not be construed as an employment contract.
SALES REPRESENTATIVE shall pay all expenses incurred and shall
not incur any liability for the account of BBS.
During the term of the agreement, SALES REPRESENTATIVE may be
privy to certain trade secrets and proprietary information which
is the property of ___________. SALES REPRESENTATIVE agrees not
to disclose the same, and shall separately execute a standard
trade secret preservation agreement and periodic compliance
certifications thereof. This duty shall survive any termination
of this agreement.
The sales distributorship herein shall be renewed for an
additional period of __ months at the expiration of the initial
term herein, should _______________ sell a gross total of $
_______(______________________________________&___/100 dollars),
in collected sales. Any further renewals shall be the subject of a
separate written agreement.
The BBS shall have the right to terminate this agreement for any
material non-compliance by SALES REPRESENTATIVE of the duties
assumed herein. Immediate cancellation may occur for the
following reasons:
1. Disclosure of trade secrets
2. Failure to turn over any funds collected, due to BBS within 3
working days of receipt
3. Violating any non-competition duties specified herein
4. Being below any agreed sales quote for two months by 50%
Further, if BBS determines, bona fide, that SALES REPRESENTATIVE
is neglecting the distributorship, it may serve a Notice of
Deficiencies upon SALES REPRESENTATIVE, which Notice shall
specify the general areas of deficiency. Unless corrected within
___ days, the BBS may cancel the distributorship by ___ days
notice.
BBS may provide supplies, promotional materials, technical
manuals, books and trade samples to SALES REPRESENTATIVE. All of
the same shall be returned upon termination of the
distributorship. Further, as to any materials marked trade
secret, all copies thereof shall be returned.
After termination of this agreement, for whatever reason, the
SALES REPRESENTATIVE shall not engage in competition against BBS,
which shall be defined as acting as a sales representative for a
direct competitor, or, act in any capacity including as owner or
shareholder, of any telecommunications service providing
messaging, chat and data transfers for personal computers for a
period of ___ months in the same sales territory as originally
assigned herein.
This is the entire agreement between the parties, and this
agreement may only be altered in writing executed by the parties
hereto.
Dated: ________________________
________________________________________
_______________________________________