exclusive sales agreement

The term “Product Units Sold” shall mean the total amount of APPROVED Product Units sold, not limited to but, including demonstration, samples, market giveaways or promotions for or on behalf of the CUSTOMER in each calendar month. The sales representatives are representing your company and hold a large responsibility. he term “Products Produced” shall mean the total amount of APPROVED Product units produced in each calendar month. During the term of this Agreement, should any disagreement arise as to the amount of Subject Product used to produce an APPROVED Product, the Parties shall mutually appoint an independent accountant to perform an audit of the CUSTOMER’s records during ordinary business hours. Non-Exclusive Sales Representative Agreement 6 iv. For so long as this Agreement … The document is created before your eyes as you respond to the questions. 15,8     Force Majeure. In addition, the CUSTOMER shall be responsible for any and all costs incurred by the PRODUCER in connection with any audit or investigation which results in the determination of a shortfall amount of five (5) percent of Subject Product used to produce the PRODUCT(s) Produced. PRODUCER agrees that it will defend, indemnify and hold harmless CUSTOMER, its employees, officers, trustees, directors and agents and each of them (the “CUSTOMER Indemnified Parties”) from and against any and all claims, causes of action, lawsuits or other proceedings filed or otherwise instituted against any of the CUSTOMER Indemnified Parties related directly or indirectly to or arising out of any action taken or omission by the PRODUCER. … Finally, the parties will also be able to specify how the risk of loss is transferred and when the buyer actually owns the goods. EXCLUSIVE SALES AND MARKETING AGREEMENT. When this agreement is done being filled out, it should be printed, signed by both parties, and a copy should be kept by each for future reference. Start by clicking on "Fill out the template". New business arrangements can be mutually beneficial and lead to increased revenue and deals for both parties. In all cases where the audit reveals that product’s produced do not contain the agreed amounts of Subject Product it shall be deemed an event of default as described in paragragh 11.3 herein. A Sale of Goods Agreement … THIS SALES AGREEMENT (the "Agreement") dated this _____ day of _____, _____ ... which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement. CUSTOMER may purchase a quantity up to ten percent (10%) of the previous calendar quarter purchases of the Subject Product for the sole purpose of sampling. A Sale of Goods Agreement, also sometimes called a Sales Agreement or Sales Contract, is a document that a buyer and seller can enter when a certain good or certain goods are being sold. You will be able to modify it. 9. Each   payment shall be applied firstly to past due interest and secondly on account of the principal amount due and owing. 15.6    Non-Waiver. Initial APPROVED product list is attached here as exhibit B and will be from time to time be amended with new approved products. Subject to the terms and conditions of this Exclusive Distribution Agreement, Supplier appoints Distributor, and Distributor accepts such appointment and agrees to act as Supplier’s exclusive distributor of the Supplier Products (defined below) within the geographical territory defined as follows (the “Territory”):PandaTip: You will want to firmly scope the geographical area where the Distributor is permitted exclusive rights to distribute. In the event that the payments paid by CUSTOMER to the PRODUCER do not reach the minimum annual quota amount required, the CUSTOMER may protect the exclusivity of the right granted hereunder by paying all additional amounts due for that  year ending on the last day of that year, so that the total amount paid for that year shall equal such minimum required amount. Essentially, it controls the sale of the home from seller to buyer. NONDISCLOSURE AGREEMENTS AND CONFIDENTIALITY. All Parties hereby agree that neither Party intends to violate any public policy, statutory or common law, rule, regulation, treaty or decision of any government agency or executive body thereof of any country or community or association of countries; that if any word, sentence, paragraph or clause or combination thereof of this Agreement is found, by a court or executive body with judicial powers having jurisdiction over this Agreement or any of its Parties hereto, in a final unappealed order to be in violation of any such provision in any country or community or association of countries, such words, sentences, paragraphs or clauses or combination shall be inoperative in such country or community or association of countries, and the remainder of the Agreement shall remain binding upon the Parties hereto. Individual state laws should be checked for anything relating to the sale of goods or the interpretation of the contract in case of a dispute. If such default is not corrected within the said thirty (30) day period, PRODUCER shall have the right, at its option, to cancel and terminate this Agreement. An exclusivity agreement is a legal contract, or sometimes a clause in a larger contract, which lays out the terms and conditions of the exclusivity arrangement. CUSTOMER shall use branding owned by the PRODUCER on the APPROVED Product(s), marketing materials or other written descriptions of the APPROVED Product, labeling, packaging, sales materials and other related protected, digital or filmed communications worldwide. 9.2. Exclusive Agency Agreement Forms are usually filled out by the real estate agent tasked to sell your property. 10.1     PRODUCER reserves the right to, at their sole discretion, periodically review and monitor CUSTOMER’s use of their marks for proper trademark usage, quality of goods, and other criteria as may be required by law to preserve PRODUCER’s rights, good will, and value in its trademarks. Each Party shall notify the other of any claim, lawsuit or other proceeding related to the Subject Product or APPROVED Product. If the PROPERTY is sold or transferred during the term of this LISTING AGREEMENT whether or not the sale … This Exclusive Sales and Marketing Agreement the "Agreement") is entered into as of January 25., 2013, by and between PureSafe Water Systems, Inc. ("PS"), having its principal place of … 7.1     The Parties agree, for a period of five (5) years from the date of disclosure, without the prior written consent of the other Party regarding a specific contemplated transaction: (a) not to disclose Proprietary Information of the other Party outside of the receiving Party (b) to limit dissemination of the other Party’s Proprietary Information to only those of the receiving Party’s officers, directors and employees who require access thereto to perform their functions regarding the purposes of his Agreement; and (c) not to use Proprietary Information of the other Party except for the purposes of this   Agreement, which purposes shall include disclosure to subcontractors and second sources, both in accordance with nondisclosure agreements. This means that the company is not entitled to hire additional representatives to sell the same products. 15.4     Independent Contractors. PRODUCER will provide a discounted rate as detailed in Exhibit A. If annual purchases of Subject Product do not meet or exceed said quota, the exclusivity of the right granted hereunder shall be extinguished. None of the terms, covenants and conditions of this Agreement may be waived by a Party except by its written consent. 15.5     DISCLAIMER OF WARRANTY. 13.1 CUSTOMER shall at all times during the term of this Agreement and for so long as it shall sell APPROVED Product comply and cause its Affiliates to comply with all laws that may control the import, export, manufacture, use, sale, marketing, distribution and other commercial exploitation of APPROVED Product or any other activity undertaken pursuant to this Agreement. If you want to make sure that the company can have more than one sales representative for its products, you should not use this agreement. The term “Territory” shall mean and include the entire world. For the purposes of this Agreement, a Unit of APPROVED Product is defined as 1200 mg of Subject Product. Answer a few questions and your document is created automatically. 4.3       Each month a written statement of the Product Units Sold and Product(s) Produced during such calendar month shall be prepared and shall be sent to the PRODUCER. Using a Sales Exclusivity Agreement, the parties can clearly establish the specific terms of their business arrangement. Within ninety (90) days from the arrival date of shipment of SUBJECT Product to CUSTOMER’s manufacturer, CUSTOMER shall pay to PRODUCER the remaining ( 50%) percent of the total payment due. This Exclusive Sales and Marketing Agreement (hereinafter called “Agreement”), to be effective as of this 1 st day of April, 2008 (hereinafter the “Agreement … hi I'm Brian Eisenhower and I'm here with three real-estate agents and we're here to talk to you a little bit about getting an exclusive buyer's agency agreement sign with your buyers before they go out to show … Often, the owner of the property will only get to read and sign the form to formalize your … In simple terms, an exclusive dealing contract prevents a distributor from selling the products of a different manufacturer, and a requirements contract … Effective as of the Effective Date, GREEN RUSH hereby appoints TRANS-HIGH as GREEN RUSH’s exclusive sales representative with respect to: (a) all Ads to be sold or otherwise offered to third-party advertisers on the Sites, and (b) all Services contemplated by this Agreement, upon the terms and subject to the conditions set forth herein. All payments to PRODUCER will be made to and sent to Marine Life Sciences at 2157 South Lincoln Street, Salt Lake City, Utah 84106. An exclusive representative contract is a must if you intend to hire a sales staff to sell your product. Your document is ready! The period of exclusivity will begin on [STARTING DATE] and conclude on [END DATE]. 11.4      PRODUCER shall have the right, at its option, to cancel and terminate this  Agreement in the event that CUSTOMER shall (i) become involved in insolvency, dissolution, bankruptcy or receivership proceedings affecting the operation of its business or (ii) make an assignment of all or substantially all of its assets for the benefit of creditors, or in the event that (iii) a receiver or trustee is appointed for CUSTOMER and CUSTOMER shall, after the expiration of thirty (30) days following any of the events enumerated above, have been unable to secure a dismissal, stay or other suspension of such proceedings. This arrangement helps the seller obtain a competitive advantage by securing a reliable regular customer and restricting who receives the product from them. Said annual quota and subsequent increases are attached hereto in Exhibit A. 4.5      All payments due hereunder shall be paid by check or bank wire payable in United States of America currency to PRODUCER, or to the account of PRODUCER at such bank as PRODUCER may from time to time designate by notice to CUSTOMER. PRODUCER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING OR WITH RESPECT TO THE SUBJECT PRODUCT AND PRODUCER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, OF THE PATENTABILITY OF THE SUBJECT PRODUCT OR OF THE ENFORCEABILITY OF ANY PATENTS ISSUING THEREUPON IF ANY, OR THAT THE SUBJECT PRODUCT IS OR SHALL BE FREE FROM INFRINGEMENT OF ANY PATENT OR OTHER RIGHTS OF THIRD PARTIES. The Parties agree to keep   the terms and conditions of this Agreement confidential and proprietary among the Parties and/or their affiliates. No liability hereunder shall result to a Party by reason of delay in  performance caused by force majeure that are circumstances beyond the reasonable control of the Party, including, without limitation, acts of God, fire, flood, war, civil unrest, labor unrest, or shortage of or inability to obtain material or equipment. One of the main points of this agreement is that the buyer will not obtain or request for the goods provided by the seller from anybody else during the period of the agreement. IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement in multiple originals by their duly authorized officers and representatives on the respective dates shown below, but effective as of the Agreement Date. PRODUCER will provide to CUSTOMER written notice of all existing and new Product registrations in both the United States and foreign  countries regarding Subject Product within ten (10) days of the execution of this Agreement or the receipt of new Subject Product registrations. Exclusive Supply or Purchase Agreements Exclusive contracts can benefit competition in the market by ensuring supply sources or sales outlets, reducing contracting costs, or creating dealer loyalty. The failure of PRODUCER to exercise such right of termination for any non-payment or otherwise shall not be deemed to be a waiver of any right PRODUCER might have, nor shall such failure preclude PRODUCER from exercising or enforcing said right upon any subsequent failure by CUSTOMER. A Sales Exclusivity Agreement is a document used by a buyer and a seller who would like to set up an arrangement where the buyer purchases a product only from that seller. This Agreement and the rights granted hereunder shall not be assigned by CUSTOMER without the prior written consent of PRODUCER. The CUSTOMER warrants that the Subject Product will be used as an ingredient in the APPROVED Products. Exclusive Goods Purchase Agreement, Exclusivity Agreement, Goods Exclusivity Contract, Product Exclusivity Contract, Purchasing Exclusivity Contract, Fill out the template - 100% FREE. If PRODUCER objects to any aspect of CUSTOMER’s proposed expansion plan, it shall communicate said objection(s) to CUSTOMER. It is important to note that under this contract, while the buyer is agreeing to exclusively purchase the product from the seller, the seller may still sell the product to other customers. CUSTOMER shall provide written notice to PRODUCER when product orders are placed by CUSTOMER to PRODUCER in the form of a purchase order. The Most Common Types of Listing Agreements. CUSTOMER may correct said default by using the agreed upon amount of SUBJECT PRODUCT in subsequent products produced and paying an amount to producer equal to the shortfall amount of Subject Product at the rate of .003125 per milligram plus interest at 18% (eighteen percent) per annum from the original purchase of the Subject Product in the audited product produced. This Exclusive Sales and Marketing Agreement (hereinafter called “Agreement”), to be effective as of this 1st day of April, 2008 (hereinafter the “Agreement Date”), is by and between Marine Life Sciences, LLC (the “PRODUCER”), a limited liability company organized under the laws of the state of Nevada and having its principal place of business at 2157 Lincoln Street, Salt Lake City, Utah 84106 and ForeverGreen International, LLC, a limited liability company organized under the laws of Utah and having its principal place of business at 972 North 1430 West, Orem, Utah USA (hereinafter, referred to as “CUSTOMER”). 4.2       All payments required under this agreement for the months of April 1, 2008 to March 31, 2009 shall be made by the CUSTOMER to the PRODUCER as follows: Within sixty (60) days from the arrival date of shipment of SUBJECT Product to CUSTOMER’s manufacturer, CUSTOMER shall pay to PRODUCER fifty percent (50%) of the total payment due. The enclosed document is an exclusive sales representative agreement. Each Party acknowledges that such information is of substantial value and that any disclosure or misuse of such information is harmful to the originating Party. A Sales Exclusivity Agreement is a document used by a buyer and a seller who would like to set up an arrangement where the buyer purchases a product only from that seller.New business arrangements can be mutually beneficial and lead to increased revenue and deals for both parties. 11.3     In the event of default or failure by CUSTOMER to perform any of the terms, covenants or provisions of this Agreement, CUSTOMER shall have thirty (30) days after the giving of written notice of such default by PRODUCER to correct such default. You will receive it in Word and PDF formats. CUSTOMER agrees that it will defend, indemnify and hold harmless PRODUCER, its researchers, employees, officers, trustees, directors, and each of them (the “PRODUCER Indemnified Parties”), from and against any and all claims, causes of action, lawsuits or other proceedings filed or otherwise instituted against any of the PRODUCER Indemnified Parties related directly or indirectly to or arising out of any action taken or omission by the CUSTOMER. 9.1     The Parties shall only disclose Proprietary Information to those employees and independent contractors who require access to the Proprietary Information to permit a Party to exercise its rights and perform its obligations under this Agreement. 4.4      Should the CUSTOMER fail to make any payment whatsoever due and payable to the PRODUCER hereunder at the time it is due, it shall be deemed an event of default  as provided for under Paragraph 11.3. The Parties covenant and agree that if a Party fails or neglects for any reason to take advantage of any of the terms providing for the termination of this Agreement or if a Party, having the right to declare this Agreement terminated, shall fail  to do so, any such failure or neglect by such Party shall not be a waiver or be deemed  or be construed to be a waiver of any cause for the termination of this Agreement  subsequently arising, or as a waiver of any of the terms, covenants or conditions of this Agreement or of the performance thereof. PRODUCER is the owner of the exclusive license of the Subject Product as defined below; PRODUCER is willing and able to grant an exclusive world-wide right to market and sell the Subject Product to the CUSTOMER on the terms set forth herein; CUSTOMER desires to obtain said exclusive right to market and sell the Subject Product in the multi level marketing industry, as further defined in this Agreement. 4.1      CUSTOMER shall pay to the PRODUCER for each kilogram of the Subject Product mount commensurate with the Bulk Pricing Schedule attached hereto as Exhibit A. CUSTOMER shall use reasonable efforts, as defined herein, to effect the sale of APPROVED Products by means of Multi-Level Marketing in markets in the Territory as soon as practicable. An exclusive listing is a real estate sale agreement in which a specified real estate agent stands to gain a commission if a property sells within a specified number of months. Prior to the official opening of any foreign market by CUSTOMER, CUSTOMER shall disclose to PRODUCER the CUSTOMER’s plan and other material information relating to any proposed expansion of marketing the APPROVED Product. The payment and acceptance thereof shall not   negate or waive the right of PRODUCER to seek any other remedy, legal or equitable, to which it may be entitled because of the delinquency of any payment. Through a Sale of Goods Agreement, a seller and buyer can outline the terms and conditions of the sale of the item or items being transferred. No agreement or understanding bearing on this Agreement shall be binding upon either Party hereto unless it shall be in writing and signed by the duly authorized officer or representative of each of the Parties and shall expressly refer to this Agreement. The term “Multi-Level Marketing” shall mean the form of marketing, also called Network Marketing, in which individuals are associated with a parent company as independent contractors, also known as Members or distributors, to market products and are compensated based on their sales of products by earning commissions, bonuses or rebates. CUSTOMER will provide to PRODUCER written notice of all existing and new  product registrations in both the United States and foreign countries regarding  APPROVED Products within ten (10) days of the execution of this Agreement or the receipt of new product registrations. designedliving.co.uk An exclusivity agreement is writtento strengthen the relationship between the buyer and seller. 6.1      .DEFINITION “Proprietary Information” as used herein shall mean all or any portion of only the: (a) written, recorded, graphical or other information in tangible form disclosed  during the term of this Agreement, by one party to the other party which is labeled “Proprietary”, “Confidential”, or with a similar legend denoting the proprietary interest  therein of the disclosing party; (b) oral information which is disclosed by one party to the other party to the extent it is identified as “Proprietary” or “Confidential” at the time of oral disclosure, is reduced to written or other tangible form within thirty (30) days of oral disclosure, and such written or tangible form is labeled “Proprietary”, “Confidential”, or  with a similar legend denoting the proprietary interest therein of the disclosing party; and (c) models and other devices delivered or disclosed, during the Term of this Agreement,  by one party to the other party which have been identified in writing at the time of disclosure as being proprietary to the disclosing party; and provided further, however, Proprietary Information shall not include any data, information or device that is: (i) in the possession of the receiving party prior to its disclosure by the disclosing party and not subject to other restriction on disclosure; (ii) independently developed by the receiving party; (iii) publicly disclosed by the disclosing party; (iv) rightfully received by the receiving party from a third party without restrictions on disclosure; (v) approved for  unrestricted release or unrestricted disclosure by the disclosing party; or (vi) produced or  disclosed pursuant to applicable laws, regulations or court order, provided the receiving party has given the disclosing party prompt notice of such request so that the disclosing  party has an opportunity to defend, limit or protect such production or disclosure. 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With a seller Non-Exclusive sales representative Agreement 6 iv assigned by CUSTOMER to PRODUCER in the APPROVED products the of... Payment shall be set by the laws of the terms and conditions of this Agreement a! If annual purchases of Subject Product exclusively from a specified seller is known as exclusive agreements not! A list of terms that accompany the Agreement and the terms hereof be! Best efforts to reach a mutually satisfactory Agreement relative to any and all.! Survive termination of this Agreement party agrees to sell the same products of!

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