SALES AGENCY AGREEMENT
SALES AGENCY AGREEMENT
(the “Agreement”)
between
<name>
of <address>
(hereinafter known as “Company”);
And
<name>
of <address>
(hereinafter known as “Representative”);
(together referred to as “the Parties”)
1. DEFINITIONS
1.1 “Products” initially shall mean those products listed in Exhibit A attached hereto and
any such additional products that Company may manufacture or sell. Products may be
changed, discontinued, or added by mutual agreement of the Parties. Representative
shall have the right of first refusal to represent any additional product, including Product
upgrades and modifications, represented, sold, or marketed by Company.
1.2 “Territory” means the geographic areas listed on Exhibit B hereto.
2. APPOINTMENT AND AUTHORITY OF REPRESENTATIVE
2.1 Exclusive Sales Representative. Subject to the terms and conditions herein,
Company appoints Representative as Company’s exclusive sales representative for the
Products in the Territory, and Representative
(i) give either party the power to direct and control the day-to-day activities of the
other, or
(ii) constitute the parties as partners, joint venturers, co-owners or otherwise as
participants in a joint undertaking, or
(iii) allow Representative to create or assume any obligation on behalf of Company for
any purpose whatsoever.
All financial and other obligations associated with Representative’s business are the sole
responsibility of Representative, Representative shall be responsible for, and shall
indemnify and hold Company free and harmless from, any and all claims, damages or
lawsuits (including Company’s attorneys’ fees) arising solely out of the acts or
Representative, its employees or its agents.
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