1. Term
This Agreement lasts for an initial term of one (1) year from the day of signing of this Agreement. The parties may renew this Agreement for an additional term of one (1) year, provided that the parties reach, before the expiration of the then-current term, a written agreement on appropriate minimum sales requirements and other terms for the renewal term. If the parties are unable to agree on renewal terms, this Agreement will terminate automatically at the end of the then-current term.
2. Sales & Marketing
Each calendar year, the Distributor shall buy and sell the Products to the extent set forth in Appendix 3 hereto. The Distributor shall report sales to XXXX on a monthly basis. The report shall contain the following information:
- Name and address of the customer;
- Product type;
- Date of shipment; and
- Country to which the Product is delivered.
Should the Distributor not comply with any requirement specified in the preceding paragraph, XXXX may, by giving thirty (30) days¨ written notice, terminate this Agreement. The remedies set forth in the preceding paragraph are without prejudice to XXXX¨s right to invoke other remedies applicable in the case of breach of contract.
The Distributor shall make his best efforts to market and sell the Products within all markets of the Territory. The Distributor shall actively promote and sell the Product through their store outlets, trade shows, customer visits etc.
The Distributor shall create and maintain an efficient sales organization for the sales of the Products.
An activity plan will be made in cooperation between XXXX and Distributor on a yearly basis. However, the Distributor shall each calendar year carry out and bear the cost of market activities set forth in Appendix 4. XXXX will without cost provide the Distributor with standard brochure material for the Product. XXXX will work with Distributor to facilitate adequate Product demonstration capability, and to co-ordinate promotional activities.
Distributor acknowledges XXXX¨s needs to promote uniformity in the use of its name throughout the world, and agrees that it will not issue publicity, press releases, or any other announcements with XXXX¨s name or trademarks without securing the approval of XXXX, which approval will be promptly given or denied, and in case of denials, XXXX will work collaboratively with Distributor to develop suitable announcements that meet Distributor¨s reasonable advertising and PR needs.
All brochure and SP/PR material distributed by the distributor shall include XXXX¨s logotype and name.
|
