exclusive sales agreement

Posted by on 4th December 2020

Start by clicking on "Fill out the template". The obligations of Section 6 shall survive termination of this Agreement. The Parties agree to use their best efforts to reach a mutually satisfactory agreement relative to any and all objections. 5.1      CUSTOMER shall maintain or cause to be maintained a true and correct set of records pertaining to the production of the PRODUCT Produced. CUSTOMER shall provide written notice to PRODUCER when product orders are placed by CUSTOMER to PRODUCER in the form of a purchase order. PRODUCER will provide a discounted rate as detailed in Exhibit A. 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. … 11.5     At the date of any termination of this Agreement pursuant to Paragraph 11.3 thereof for breach by CUSTOMER, or pursuant to Paragraph 11.4 hereof, as of the receipt by CUSTOMER of notice of such termination, CUSTOMER shall immediately cease using any of the Subject Product and return all Subject Property to PRODUCER; provided, however, that CUSTOMER may dispose of any APPROVED Product actually in the possession of CUSTOMER prior to the date of termination, subject to the CUSTOMER paying all amounts due with respect thereto and otherwise complying with the terms of this Agreement. 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 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. 15.3    Disclaimers. 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. 4.2       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. 9.2. If PRODUCER objects to any aspect of CUSTOMER’s proposed expansion plan, it shall communicate said objection(s) to CUSTOMER. EXCLUSIVE SALES AND MARKETING AGREEMENT. Answer a few questions and your document is created automatically. 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. You will be able to modify it. A Purchase and Sale Agreement is the contract between the buyer and seller noting the terms concerning the purchase of the house (real property). Payment terms will reflect the payment history of the CUSTOMER. Except as specifically provided herein to the contrary, any sale of Products in the … 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. You can modify it and reuse it. If CUSTOMER has met the terms of this Agreement and the quota amounts for the first five (5) years, CUSTOMER shall have the option to extend this Agreement for an additional five (5) years subject to the successful negotiation of the quota and payments for the additional five (5) year term. 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. designedliving.co.uk An exclusivity agreement is writtento strengthen the relationship between the buyer and seller. 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. An exclusive sales representative agreement provides the details of the territory, products, and commissions that await them, as well as other details that will help you and your representative. 3.6   PRODUCER shall be the exclusive and sole manufacturer of the Subject Product for the CUSTOMER. Each Party shall notify the other of any claim, lawsuit or other proceeding related to the Subject Product or APPROVED Product. 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”). 11.6  No termination of this Agreement shall constitute a termination or a waiver of any rights of either Party against the other Party accruing at or prior to the time of such termination. The CUSTOMER covenants and agrees to purchase the Subject Product exclusively from the PRODUCER. 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. Each payment when made shall be accompanied by interest accrued to the date of payment. 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. If annual purchases of Subject Product do not meet or exceed said quota, the exclusivity of the right granted hereunder shall be extinguished. 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. There is a list of terms that accompany the agreement and should be agreed upon. However, using a Sales Exclusivity Agreement can be beneficial for the buyer because it allows them to lock-in advantageous pricing and discounts in exchange for their commitment to buy exclusively from the seller. 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. The CUSTOMER warrants that the Subject Product will be used as an ingredient in the APPROVED Products. If any payments are past  due for a period in excess of thirty days from the payment due date, the interest rate shall increase to 18% per annum for the entire amount of any unpaid balance. None of the terms, covenants and conditions of this Agreement may be waived by a Party except by its written consent. … This exclusivity agreement contract is between two or more parties to purchase goods exclusively from a seller, so that the seller is the only provider of the goods. This Sales Exclusivity Agreement can be used by a seller who intends to be the exclusive and sole provider of a particular good or service to a buyer or by a buyer who is looking to purchase goods exclusively from a particular seller. State laws also cover commercial transactions and business. 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. 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. 4.6       In the event that any payments due hereunder is not made when due, the payment shall accrue interest beginning on the tenth day following the due date thereof, calculated at the rate of prime plus two percent per annum. he term “Products Produced” shall mean the total amount of APPROVED Product units produced in each calendar month. Using this document, the parties can enter important identifying details, such as whether they are individuals or companies, their addresses, and their pertinent contact information. These forms are widely used in businesses and other organizations because it helps them agree and understand to such terms in an agreement and in any cases when a dispute occurs between both parties, they can refer to the Agreement form and can be able to construct a quick solution for it. The terms and conditions herein constitute the entire Agreement between the Parties and shall supersede all previous agreements, either oral or written, between the Parties hereto with respect to the subject matter hereof. 15.5     DISCLAIMER OF WARRANTY. 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. Said annual quota and subsequent increases are attached hereto in Exhibit A. The PRODUCER hereby grants to the CUSTOMER the exclusive right to market, sell and offer for sale throughout the Territory through Multi-Level Marketing the Subject Product. The sales representatives are representing your company and hold a large responsibility. Each Party shall assume responsibility for all costs and expenses related to such claims and lawsuits for which it is obligated to indemnify the other Party, including but not limited to all reasonable attorneys’ fees and costs of litigation or other defense. NONDISCLOSURE AGREEMENTS AND CONFIDENTIALITY. 15.2  The parties agree to binding arbitration pursuant to the provisions of the AmericanArbitration Association, provided however, that this arbitration provision shall not preclude either Party from seeking injunctive relief from any court having jurisdiction with respect to any disputes or claims relating to or arising out of the misuse or misappropriation of either Party’s trade secrets or confidential and proprietary information. Your document is ready! 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. A type of agreement where two or more parties agree to purchase goods exclusively from a specified seller is known as exclusive agreements. PRODUCER and CUSTOMER have agreed to a sampling program to help promote  and market the APPROVED Products. For a document where one party agrees to sell goods on behalf of another party, please see this Consignment Agreement. The Most Common Types of Listing Agreements. You will receive it in Word and PDF formats. Essentially, it controls the sale of the home from seller to buyer. The term “Territory” shall mean and include the entire world. EXCLUSIVE RIGHT TO SELL AGREEMENT . 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. At the end, you receive it in Word and PDF formats for free. This agreement allows you to negotiate on the salary or income terms with the employer and allows you to ask for the commission or bonus that the employer agreed to give you on each sale. 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. New business arrangements can be mutually beneficial and lead to increased revenue and deals for both parties. 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. Typically, commissions are earned on sales to the end user or consumer who may be a customer or a distributor/Member that buys the product at a wholesale price for personal consumption. Similar to a Sale of Goods Agreement, Sales Exclusivity Agreements in the United States are generally subject to specific state laws, which cover general contract principles like formation and mutual understanding. 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. 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. 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. Exclusive Goods Purchase Agreement, Exclusivity Agreement, Goods Exclusivity Contract, Product Exclusivity Contract, Purchasing Exclusivity Contract, Fill out the template - 100% FREE. Payment terms for the remaining contract years shall be set by the mutual agreement of the Parties. Often, the owner of the property will only get to read and sign the form to formalize your … For a document where one party purchases goods from another party with the sole purpose of reselling them, please see this Distribution Agreement. THIS IS A LEGALLY BINDING CONTRACT (“AGREEMENT”). 15,8     Force Majeure. 1. 15.6    Non-Waiver. Nothing in this relationship shall be construed to create a relationship of joint venture partnership, fiduciary, or other similar relationship between the Parties. 15.7     Reformation. 15.9     Entire Agreement. Name: /s/ Paul Frampton    /s/ Chris Patterson, Title:  CFO. Sales agent shall be the exclusive agent for the Company for sale of Products in the Territory for the term of this Agreement. The term “APPROVED Product” shall mean any present CUSTOMER products containing the Subject Product as an ingredient including without  limitation CUSTOMER’S current products referred to as FrequenSea™, FrequenSea™ tarter Shots and SecreSea™ Youth Serum, SecreSea™ Hydrating Cream, SecreSea™ Scrub and SecreSea™ Mineral Mask as well as any additional CUSTOMER Product(s) containing the Subject Product(s) as approved in the future by the PRODUCER. NOW, THEREFORE, for and in consideration of these premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto expressly agree as follows: The term “Subject Product” shall mean the processed marine phytoplankton known as Alpha-3 CMP, which includes the Tom Harper story and marketing materials related to the Tom Harper story, as well as any subsequent improvements thereto. Lawsuit or other proceeding related to the Subject Product exclusively from a specified is. 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12Dec