Beijing Paradise BBS Backup/PARADISE.ISO/software/BBSDOORW/BBSLAW03.ZIP/290B.BLD

Text File | 1993-03-21 | 5.8 KB | 229 lines

#1900
@001 State the name of the BBS:
@002 State the name of the SALES REPRESENTATIVE:
@190/@190/@190 State the territory:
the United States
North America
KEY IN VALUE
@191 State the product lines:
#1901/#1902 The sales territory is:
exclusive
non-exclusive
@191/@191 Enter the products to be offered by REPRESENTATIVE:
All pay services of the BBS
KEY IN VALUE
#if#1901
@192 State the initial term period in months:
#endif
#if#1902
@777/@777/@777 State the initial term in months:
6
12
KEY IN VALUE
#endif
#111
@193 State the commission rate as a per cent (numeral):
#1904 Do you want an automatic renewal based on quota?
#if#1904
@194 Term of renewal in months:
!195 Quota in gross sales in numerals:
#endif
#1905 Can the BBS terminate for non-performance?
#1906
#1907 Do you desire non-compete after termination?
#if#1907
@333/@333/@333 Enter the number of months for the non-compete:
12
24
KEY IN VALUE
#endif
#200
#end control section
#1900
/*FORM 1900: SALES REPRESENTATIVE: TERRITORY- EXCLUSIVE*/

                  SALE REPRESENTATION AGREEMENT


@001, referred to as BBS and @002, referred to as SALES
REPRESENTATIVE AGREE:


@001, referred to herein as BBS, herewith appoints @002, referred
to herein as SALES REPRESENTATIVE, as a sales representative for
a period of one year in the following territory:


@190



SALES REPRESENTATIVE shall represent the following products
offered by the BBS:


@191


#1901
/* PARAGRAPH 1901.FRM: EXCLUSIVE TERRITORY */


The territory described above shall be an exclusive territory for
a period of @192 months.


#1902
/* PARAGRAPH 1902: NON-EXCLUSIVE TERRITORY*/


The territory described above shall be a non- exclusive territory
for a period of @777 months, and BBS shall have the right to
appoint other representatives in such numbers as it may desire
from time to time.

#111

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, @002, subject to the qualifications set below, SALES
REPRESENTATIVE shall be entitled to a commission of:


@193 per cent of gross sales


Said commissions shall be paid on a monthly 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 @001 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 @001. 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.


#1904
/* PARAGRAPH 1904: RENEWAL ON QUOTA*/


The sales distributorship herein shall be renewed for an
additional period of @194 months at the expiration of the initial
term herein, should @002 sell a gross total of $ @195(!195
dollars), in collected sales. Any further renewals shall be the
subject of a separate written agreement.


#1905
/* PARAGRAPH 1905: RIGHT TO CANCEL */


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
30 days, the BBS may cancel the distributorship by ten days
notice.


#1906
/* PARAGRAPH 1906: SUPPLIES, BOOKS, TRADE SAMPLES */


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.




#1907


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 @333 months in the same sales territory as originally
assigned herein.


#200
/* Para. 200: End */


This is the entire agreement between the parties, and this
agreement may only be altered in writing executed by the parties
hereto.



Dated: ________________________








________________________________________

@001








_______________________________________

@002