sales prtnership agreement, Study Guides, Projects, Research of Sales Management

Download sales prtnership agreement and more Study Guides, Projects, Research Sales Management in PDF only on Docsity! 6/00 SALES PARTNER AGREEMENT This Agreement is made this day of , 200_ between ACOM SOLUTIONS, INC. (“ACOM”) having offices at 2850 East 29th Street, Long Beach, California 90806-2313 and (Partner) having offices at . ACOM is in the business of acquiring, developing, selling, licensing and otherwise making available computer software, peripheral hardware and related products and services (“Product”). Partner wishes to sell and promote designated products and services of ACOM as listed in Exhibit A, attached hereto and incorporated herein, for the period and on the terms and conditions set forth herein. NOW THEREFOR in consideration of the foregoing and the mutual covenants set forth herein, ACOM and Partner agree as follows: 1: APPOINTMENT ACOM does hereby appoint Partner as an authorized seller of ACOM product with the non-assignable, non-exclusive right to promote and sell Product and Partner hereby accepts such designation and appointment. 2: PARTNER’S RESPONSIBILITY (a) Partner will use its best efforts to promote and sell Product and to maintain good relations with all ACOM’s customers. (b) Partner shall obtain from ACOM all software and equipment as reasonably required by ACOM to effectively promote, market, and sell Product. Software will be provided at no charge, equipment will require a fully refundable deposit. (c) Partner agrees to sell Product within established guidelines and cooperate fully with ACOM in marketing Product. (d) Partner agrees to; attend such sales meetings and training seminars as may be scheduled by ACOM from to time; provide reports and sales forecasts as may be reasonably requested by Acom. (e) Partner shall place orders with ACOM using the standard sales contract (the “Contract”) provided by ACOM, which shall be in substantially the form of contract appended hereto as Exhibit B. (f) Partner shall have the option to provide services for the installation of Product and/or training of end user on Customers’ premises, provided Partner has been qualified by ACOM to perform these services. Partner shall be entitled to a fee for such services as established from time to time by ACOM and as currently provided on Exhibit E. (g) Partner agrees to pay all fees charged by ACOM for services and Product delivered for Partner’s use and benefit pursuant to this Agreement within 30 days from date of invoice. (h) Partner agrees to return all property provided by ACOM including software, supplies, collateral material, price schedules etc. which shall have been provided to Partner without charge, upon termination of this Agreement, or upon written request by ACOM for whatever reason. 3: ACOM’S RESPONSIBILITY (a) Partner assumes all sales and marketing expenses. (b) ACOM agrees to provide software, equipment and product training as described in Exhibit A. Additional training will be provided at the request of Partner at a time and place that can be reasonably accommodated by ACOM in accordance with the fee schedule on Exhibit A . (c) ACOM agrees to pay Partner’s commission within 30 days of billing for commissionable Products. 6/00 (d) ACOM shall be responsible for all elements of credit risk, including timely invoicing, credit verification, and collections of accounts receivable, provided however that commissions paid for accounts that become 90 days or more past due will be charged back against future commissions. All charge backs will be reinstated ratably upon full or partial payment of past due customers accounts. (e) ACOM will establish performance criteria necessary for Partner to maintain sales Certification and will award Certification on an annual basis. Current Certification requirements are provided on Exhibit D and may be amended annually. 4: MUTUAL OBLIGATIONS (a) The parties agree that all orders submitted by Partner shall be subject to acceptance by ACOM, which acceptance shall not be unreasonably withheld. ACOM may reject any order submitted by Partner, for whatever cause which in ACOM’s sole opinion renders such order unacceptable, including, but not limited to, inadequate credit of the purchaser. (b) Each contract for sales of Product hereunder shall be a contract between ACOM and the customer, and Partner is expressly denied the authorization to sign such contracts on behalf of ACOM. (c) Partner shall make no allowances, adjustments, in accounts, nor authorizations (including, but not limited to, authorizations for the return of any Product for any reason) unless given advance specific authorization by ACOM to do so. (d) Neither Partner nor ACOM shall have any liability with respect to any alleged defective Product sold hereunder except as set forth in ACOM’s limited warranty accompanying the Product. Partner shall have no authority to and shall not make any express or implied representation, guaranty, or warranty with respect to any Product which would be contrary to or inconsistent with ACOM’s aforesaid limited warranty. 5: RELATIONSHIP OF THE PARTIES (a) Partner and ACOM agree that Partner serves under this Agreement as an independent sales Partner without power to bind, act for, or obligate ACOM, whether by expression, implication, or in any other manner whatsoever; nor shall Partner under any circumstance be deemed an employee of ACOM. (b) Nothing herein shall be deemed to create or have created an “agency” relationship between ACOM and Partner. (c) Each party hereto hereby agrees to indemnify and hold the other harmless against any negligent or intentional acts by the offending party, its representatives, employees, or contractees that cause injury or damage to third parties. 6: PRICING; COMISSIONS (a) Partner agrees to quote and submit sales orders based solely upon prices fixed by ACOM. Partner will not discount prices without prior consent from ACOM. (b) From time to time ACOM shall be entitled, upon thirty (30) days written notice to Partner, to amend its pricing policies with respect to Product. (c) So long as Partner remains active and Certified, ACOM agrees to pay, and Partner agrees to accept, commissions at the rates set out in Exhibit C attached hereto. ACOM reserves the right to amend commission Exhibit C from time to time, at the beginning of each new annual term. 7. CONFIDENTIAL INFORMATION; TRADEMARKS; TRADENAMES; LICENSING: (a) Partner agrees, both for itself and its officers, directors, shareholders, partners, representatives, and employees, to keep confidential and not disclose, both during the term of the Agreement and thereafter, the following (collectively, the “Confidential Information”): 6/00 IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have caused this Agreement to be executed as of the date first above written. BY: BY : (Partner’s Authorized Signature) (ACOM Authorized Signature) NAME: NAME: (Signatory’s Printed Name) (Signatory’s Printed Name) TITLE: TITLE: ______ (Signatory’s Printed Title) (Signatory’s Printed Title) DATE: DATE: (Partner’s Signing Date) (ACOM’s Signing Date) 6/00 Attachment A to ACOM Solutions, Inc. Sales Partner Agreement Sales Partner receives commissions of from 20% to 25% • Printers 20% § Software, Training, Installation, Professional Services 25% § Maintenance 15% first year only Sales Partner has option of handling training, and receiving 75% of list price Sales Partner may engage ACOM Regional Manager to assist in sales Cost to Sales Partner: § 1st six months, 5% of Gross Sale § after six months, 10% of Gross Sale Sales Partner Annual Purchases from ACOM to retain Sales Partner Status: § $50,000 printers gross sales annually (includes printers, options and maintenance) § $50,000 software gross sales annually (includes software, training, professional services) Sales Partner training will be $1,000 per day plus out of pocket T&E