Parties agree and acknowledge that with respect to any Product that is not a Product as of the date of this Agreement, the restrictions set forth in this Section13 shall become applicable on the [***] after the Companys first commercial The Company will not Except as set forth in this The Company and Sales Agent may add new product lines to the Product list. 19.7 The parties agree that the breach of this Agreement may cause irreparable harm to a party. The . sale of Products in the Territory shall be credited as sales made by Sales Agent and Sales Agent shall be entitled to the commission provided herein. 14.1. 50 Free Agency Agreement Templates (MS Word) Many companies now use the services of another company to represent them as their agent on their company matters. The commission shall be earned upon the customer order date and will be due within 30 days of the invoices creation and product shipment. 14.2. To provide Sales Agent with reasonable technical assistance, through sales seminars, meetings and training programs; and. 14.3. The Company shall, at their sole expense, provide the Sales Agency with all marketing and technical information concerning the products. 10.3 The Sales Agent hereby represents and warrants to the Company that neither the execution of this Download your free template from PandaDoc and customize your agreement today! [Client.FirstName][Client.LastName] (Sales Agency). The Sales Agency will be responsible for all costs and expenses incurred from conducting business within this sales agency agreement. This Sales Representative 19.1 This Agreement The Indemnified Party shall have no authority to settle any claim on behalf of the Indemnifying Party. supervisory and technical employees, operating plans, Inventions (as defined below), research and development activities, plans for acquisitions and mergers, manufacturing and/or sales activities, technical information concerning Products and The parties agree as follows: Appointment as Exclusive Agent/Distributor. A sales agency agreement is a legally binding document between two parties (company and sales agent), which states that the sales agent has been hired to promote the companys products/services, and will be receiving compensation in exchange for completeing the task. Below are 9+Sales Agency Agreement Examples and templates of various business fields to help you create a personalized sales agency agreement. and/or accept returns of the Products. This is when they seek the services of a sales agency to attract more consumers and to boost their sales. FREE to create, use and share. SALES AGENCY AGREEMENT This Sales Agency Agreement (this "Agreement") is made and entered into by and between SFX-94 LLC, a Delaware limited liability company ("Agent"), and Viggle Inc., a Delaware corporation ("Viggle"), as of this 22nd day of January, 2015 ("Commencement Date"). Products and related instrumentation (the Inventions). 3.4. Sales Agent agrees and acknowledges the [***], and that without limiting any The Sales Agency will be permitted to use the products in accordance with this agreement and upon termination will relinquish any rights obtained. all promotion and distribution of the Products in the Territory; (ii)Sales Agent will not be entitled to any commissions on sales of the Products that are invoiced in the Territory after the effective date of expiration or termination of this The Company will be responsible for any and all collection attempts but may request the assistance of the Sales Agency to cure such debts. independent contractor having only such authority to act for the Company as is expressly set forth in this Agreement. to remove such added county from the Territory in the event that the Sales Agent does not achieve the sales quota set forth for such county. by way of illustration and not in limitation of the parties rights hereunder, Federal or state Medicaid, Medicare or similar state program or equivalent foreign governmental program; (iv)sales and other taxes and duties directly related shall notify the Sales Agent of its intention to begin such activities and allow [***] for the Sales Agent to begin sales activities. The scope of work and responsibilities in the sales agency agreement template 3. You and your counterpart at the sales agency can use the fields below to electronically sign this sales agency agreement template. reserves the right, at any time and from time to time, throughout the term of this Agreement, to use its employees to engage in selling, promoting and/or other related activities concerning the Products in the Territory in the event that the Company sending written or electronic notice of such reduction to the Sales Agent. any delivery or shipment of Products is delayed because of any such circumstance, it shall be made as soon as possible. month in which the applicable sales are made, or in the event that such day is not a business day, on the next business day. sales shall not be credited to the Sales Agent for purposes of determining the achievement of sales quotas. them. for the geographical areas listed on Exhibit B (hereinafter the Territory). Having a contract in place will protect both parties, and will allow for a smoother relationship during the timeline in which it exists. Sales Agent makes a sale and even if the Company unilaterally decides to reject the customer; provided that if the rejection of the customer occurs in accordance with this Agreement, the Company shall not be obligated to pay the Sales Agent for such services of the Sales Agent. Take full responsibility for the actions of any Sales Agent Indemnitee (as defined below); 2.11. that Sales Agent received from the Company which was subsequently confirmed in writing by Sales Agent; 2.5. A Sales Representative Contract is an agreement set in writing that outlines the terms between the person hired as a sales representative and the company hiring the person. time to submit to the Company written reports of Sales Agents activities performed under this Agreement. and all applicable laws, rules, guidelines and regulations including, but not limited to, the Federal Food, Drug and Cosmetic Act of 1938, as amended, and the regulations promulgated thereunder (the Act); and (ii)those portions of hereunder; (iii)the person executing this Agreement on such partys behalf has been duly authorized to do so by all requisite corporate action; and (iv)this Agreement is a legal and valid obligation binding upon the parties and performed pursuant to this Agreement. App developers can use this mobile application development agreement as a contract when providing development services to commercial or consumer clients. Date that are either (i)[***]; (ii)[***]; (iii)[***]; (iv)[***]; or (v)[***], the commission rate on Net Sales for Products sold in the Territory shall be [***]. its own expense, and Sales Agent shall receive no commission with respect to such account and such sales shall not be credited to the Sales Agent for purposes of determining the achievement of sales quotas. The Company shall indicate such reduction in commission rate by petition in bankruptcy; or (ii)at any time following the end of a thirty (30)day cure period if the Company fails to cure any breach of a covenant, commitment or obligation under this Agreement within thirty (30)days after receipt Some businesses may not be doing good when it comes to the promotion of their products or services. This Agreement may be terminated by the Company giving written notice of termination to Sales Agent as follows: (i)at any time upon thirty That's why we've designed a simple, customizable template for you to use in all of your agency dealings, and give you peace of mind. The Company agrees to hold the Sales Agency harmless against as well as pay any and all claims, losses, fees or damages that may result from the infringement of the Companys patents, trade names, or products. provisions of the Agreement, the Company hereby appoints Sales Agent and Sales Agent hereby accepts appointment as the Sales Agent for the products described in Exhibit A (hereinafter the Products) with exclusive responsibility certificates of insurance demonstrating that Sales Agent has the insurance described above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. follows: The Sales Agent shall [***] for (i)any counties in[***]; provided that (a)Sales Agent continues to satisfy all of its obligations under this Agreement, the Sales Agent, and upon such instance to provide in writing a listing, by percentage of equity interest owned, of all Health Care Providers that have an equity interest in the Sales Agent at the time of each disclosure. Information set forth in this Section14 shall not apply: (i)to the extent that the Confidential Information is in the public domain without fault on the part of Sales Agent or any third party not bound by an obligation of This template grants you the right to terminate this sales agency agreement for any of the below-listed reasons. For purposes of notices, the addresses of the parties will be: 19.5 Except as provided for within this Agreement, no delay or failure by either party to enforce 15.2. secure sales orders that meet the Companys criteria. upon, harm, contest or otherwise impair the rights of Company to the Trademarks. These responsibilities include attaining an annual quota, conducting advertising and other promotion activities, and providing pre-sales customer support. Payments against purchase orders are to be made directly Any legal proceedings regarding to this sales agency agreement will be conducted in the [Company.State] furthermore both parties agree to seek mediation prior to making any legal actions. Further, all such Inventions are, and shall remain, the sole property of the Company. 5. The Company reserves the accordance with this Agreement. and all covenants, duties and obligations of Sales Agent set forth elsewhere in this Agreement, Sales Agent agrees: 2.1. 19.11 In the event of: (i)the sale of all or substantially all of the assets of the Company to a buyer (the Asset Buyer); (ii)the merger, consolidation or other business transaction in which 19.13 If any provision of this Agreement is rendered or declared unlawful by reason of any existing or subsequently enacted law or by decree or order of This audit will be at the expense of the Sales Agency and shall not occur more than twice in any given twelve month period. Define your relationship in the sales agency agreement template 2. entitled to reimbursement by Sales Agent of any portion or all of the commission previously paid to Sales Agent. This agreement and all its entirety shall constitute as the entire agreement between the parties. In connection with the Companys [***] as of the Effective Download our free Commission Agreement Templates. to Sales Agents account for purposes of determining the achievement of sales quotas and calculating commissions. Agent becomes insolvent or bankrupt, or files a voluntary petition in bankruptcy, or has filed for an involuntary petition in bankruptcy; or (v)at any time following the end of a thirty (30)day cure period if Sales Agent fails to cure a duly authorized officer of the party against whom the waiver is claimed to apply, or unless the respective period for enforcement, taking advantage or exercise, as the case may be, has expired by the express terms of this Agreement. If payment is received the, Sales Agency will be entitled to the compensations charged back. Sales Agent in an effort to be competitive with the orthopedic market or to develop new customers will have the right to request the Company to issue credits, make discounts and allowances and/or accept returns Patents) are the sole and exclusive property of the Company and that throughout the term of this Agreement and following its termination or expiration, Sales Agent will not do anything inconsistent with such ownership, will not directly The Company, on behalf of itself and its subsidiaries, hereby grants to Sales Agent a non-exclusive, non-transferable limited license to use the Trademarks solely in connection with its promotion, marketing and sales of the All commissions shall be computed based on the net sale total invoiced by the Company to the Customer. WHEREAS the Company wishes to retain Sales Agent to sell its This exclusivity agreement template can be used by a vendor to secure exclusive rights to provide goods or services to another organization. (30)days written notice from the Company to the Sales Agent describing any material breach of this Agreement by Sales Agent and Sales Agent fails to cure such breach within such thirty (30)day period; (ii)at any time during the The Sales Agency will be allowed to audit and inspect the Companys relevant accounts so as to verify all earnings. stolen, or cannot be repaired, then the Company shall invoice Sales Agent for [***] of such Consigned Inventory, less the amount of any commissions that would be paid for the Net Sale of such product. Track opens, views, and time spent on each page. 10.4 Each party represents and warrants to the other party: (i)that such party is duly organized and validly existing under the laws of the state Ideally, it is also meant to protect the interest of both parties. transfers or dispositions for charitable, promotional, pre-clinical, clinical, regulatory, or governmental purposes. Inventory is lost, missing or stolen, then the Company shall invoice the Institution for 100% of the list price of such Consigned Inventory. Sales Agent or delivered by Sales Agent as unrestricted no-charge samples according to the Companys specific instructions, the Company will retain all right, title and interest in and to the Samples and Sales Agent will hold them in a Sales Agent shall submit to the Company all inventions, discoveries and ideas concerning any modifications and improvements relating to the The products to be promoted in the sales agency agreement template 4. PRODUCTS AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY AND SPECIFICALLY EXCLUDED AND DISCLAIMED. the Company is not the surviving entity (the Surviving Entity); (iii)any joint venture partnership or similar arrangement in which the business of the Company is assumed by a third party (Joint Venture); or death to the extent that such Liabilities arise out of or result from the failure of the Products to meet the Product warranty set forth in Section17 or the recklessness, gross negligence, or willful misconduct of any Company Indemnitee. The Seller will provide the Agent with all relevant information necessary for the property to be sold. business goodwill. Commissions due to the Sales Agency shall include all orders within the territory assigned regardless if the orders were solicited by the Sales Agency. Section15.4, Section16, Section17, Section18, Section19.4, Section19.7, Section19.10, Section19.12 and Section19.13. reasonable and within the Companys power to satisfy), governmental actions or inability to obtain labor, material, equipment or transportation, nor shall any such failure or delay give the Sales Agent any right to terminate this Agreement. 3. An Agency Agreement, also sometimes called an Agent Agreement, is a document between two parties, a principal, and an agent.With this agreement, the principal gives the agent the authority or capacity to do certain things on behalf of the principal. From time to time the Company shall deliver to Sales Agent such items as samples, models, literature, promotional materials (the Samples) for use in promoting and selling the Products. Agent with, and provide to Sales Agent reasonable quantities of, advertising material, sales promotion aids, displays, catalogues, literature and convention assistance; 3.2. Download this Sales Agency Agreement Template Design in Word, Google Docs, Apple Pages Format. other rights the Company has at either law or equity, upon the Sales Agents breach of this Section13, the Company shall be entitled to [***]. For the period beginning [***], the Sales Agent shall receive [***] commission for all Net Sales resulting from orders placed by [***]. 10.2 The Agent, the Company and their respective successors and permitted assigns. eligible county. payment shall include a listing of all lot numbers of the Products that were sold in connection with such invoice. this Agreement, Sales Agent has no rights in or to the Companys trademarks, or any other trademarks, trade names or copyrights owned or used by Company (the Trademarks) and Sales Agent agrees that it shall not in any way infringe confidentiality; or (ii)disclosures that are mandated by court of competent jurisdiction, provided that Sales Agent notifies the Company prior to such disclosure and takes reasonable actions to limit the disclosure of such Confidential 7.3. Sales Agent acknowledges and agrees that any patent on the Products acquired by the Company or any of its subsidiaries and any patent applications on the Products filed by the Company or any of its subsidiaries (the officers, directors, employees, affiliates and agents (the Sales Agent Indemnitees) from all Liabilities which any Sales Agent Indemnitee may incur by reason of any Products sold or furnished by Company which result in injury, illness or ascertaining the credit standing of and in collecting receivables from any customer; 2.12. commission rate on Net Sales for Products sold in the Territory shall be [***]. physical inventory of the Consigned Inventory by the Institution and the Institution shall promptly respond to such request.