Non-Exclusive Sales Representative Agreement Page 2
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13engineering, hardware configuration information, marketing, finances, or other business
information disclosed to the Representative by the Company, either directly or indirectly.
The Representative may use the Confidential Information to the extent necessary for
negotiations, discussions, and consultations with Company personnel or authorized
representatives or for any other purpose Company may hereafter authorize in writing.
3. NATURE OF RELATIONSHIP.
Nothing in this Agreement shall be construed as creating a joint venture, partnership,
agency, employer/employee, or similar relationship between the Parties, or as authorizing
either Party to act as the agent of the other. The Representative’s relationship to the
Company is that of an independent contractor. The Representative shall have no authority
to bind the Company to any contractual terms. Nothing in this Agreement shall create any
obligation between either Party and a third party.
4. TERRITORY.
During the Term (as defined below) of this Agreement, the Representative shall use its
best efforts to sell the Products in the following geographical area (the “Territory”):
_________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
____
5. CUSTOMERS.
The Representative’s sales and promotional efforts shall be directed toward the
following:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
____
The aforementioned customers are intended only to be examples of the nature and type of
market to which the Company desires that the Products be sold, and should not be
construed as a limitation on the sales that can be made by the Representative pursuant to
this Agreement in the Territory.
The Representative acknowledges that the Company has existing relationships with those
customers listed in Exhibit B hereto (the “Existing Customers”), and that no
compensation is payable for sales made by the Representative to the Existing Customers,
unless otherwise agreed by the Company in writing.
Non-Exclusive Sales Representative Agreement
2
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