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Promptly provide Application forms (to be designed by the Client with input from the Master Sales Representative) and promotional material in a format acceptable to the Master Sales Representative, as may be revised from time to time The Client will do the following, all at its own expense The Client and Master Sales Representative may terminate this Agreement if either party conducts business in bad faith or does anything to damage the reputation of the other Party. The Client and Master Sales Representative may terminate this Agreement with 180 days notice. The Client may terminate this agreement if the Master Sales Representative fails to sell at least 25 platform packages per month for two consecutive months and after Master Sales Representative is given an additional 30 day period to cure by selling at least 25 platform packages during the cure period.
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For purposes of clarity, Merchant Sales Representative Network sales would include merchant cash advance companies, merchant processing companies, etc. Nothing in this Agreement shall prevent the Client from developing alternative sales channels (not related to Merchant Sales Representative Network sales) or from developing internal sales teams.
SALES CLIENT CONTRACT TEMPLATE LICENSE
The Client grants to the Master Sales Representative, free of any obligation to pay royalties to the Client, a non-exclusive license to use, apply and reproduce materials in respect of which the Client holds intellectual property rights, including copyright materials, trade names, trademarks or logos, provided that such grant is limited to the purposes of this Agreement.ĭuring the term of this Agreement and for one (1) year following the termination of this Agreement, Master Sales Representative shall not offer directly or through its Network, any product competitive to the Platform. The Master Sales Representative shall market the Platform, which are the subject to this Agreement under the trade names, service marks, brands, and trademarks designed by the Client. The Master Sales Representative shall not impose any additional indirect or direct charge upon any Customer relating to the Clients Service, unless agreed to by Client. The Master Sales Representative shall use only the pricing mutually agreed to by Client and the Master Sales Representative. The Client acknowledges that the Network is composed of independent businesses distinct from that of the Master Sales Representative and that the Network is not an employee, joint venture or partner of the Master Sales Representative.ĭuring the Agreement Period the Master Sales Representative is responsible for payment of all amounts to the Network.Īll Applications for the Platform and associated sales material for Customers shall be on forms provided by the Client, at the Clients cost. The Client hereby authorizes and exclusively appoints the Master Sales Representative to organize and manage sales campaigns and sales teams and organizations (independent or otherwise) to solicit Applications from prospective merchants for the Platform (∼ustomers) through use of its Network, as the Master Sales Representative, in its discretion, determines, from time to time, in the Territory for a period beginning on the 9th day of February, 2012 and ending on the 9 th day of February 2015 unless terminated as permitted in this Agreement or extended automatically as permitted in this Agreement or extended by mutual agreement (hereinafter referred to as the ∺greement Period).ĭuring the Agreement Period, the Master Sales Representative shall subcontract the performance of the sales campaigns to such members of the Network as it may determine from time to time. The Master Sales Representative has expertise in the organization and management of sales campaigns through independent corporate distributors and their respective distributors (hereinafter collectively referred to as the Network). and Canada and wishes the Master Sales Representative to organize and manage direct sales and marketing campaigns in the U.S., Canada and other countries as mutually agreed (hereinafter referred to as the Territory) to solicit applications from businesses wishing to purchase the platform (hereinafter referred to as ∺pplications). The Client is a provider of a daily deals and mobile marketing platform to small, medium and large sized businesses (the platform) in localized markets throughout the U.S. In consideration of the mutual covenants contained in this agreement, the parties agree as follows: , carrying on business at 511 NE 3 rd Avenue, Fort Lauderdale, Florida 33301 (Hereinafter referred to as the ∼lient)ĪND PSC LLC, carrying on business at _ (Hereinafter referred to as the Master Sales Representative).
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Master Sales Agreementį EES P AYABLE TO THE M ASTER S ALES R EPRESENTATIVEīETWEEN MMax Media, Inc.