Non-Exclusive Sales Representative Agreement Page 4
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13(d) No Commissions in Certain Circumstances. Notwithstanding the
foregoing, no commission shall be payable to the Representative under
any of the following circumstances:
(i)
if prohibited under applicable government law, regulation,
or policy;
(ii)
if the Representative did not directly facilitate the sale of
the Products to a customer;
(iii)
on any sale to customers that are directly or indirectly
owned by or under common ownership with the
Representative;
(iv)
on any sales outside of the Territory, unless otherwise
agreed in writing by the Company;
(v)
on any sales to Existing Customers, unless otherwise
agreed in writing by the Company; or
(vi)
on any sale of Products to a customer occurring after the
expiration or termination of the Term (or any extension of
the Term) unless:
a. the sale takes place within ________ (___) days
after the termination or expiration of this
Agreement; and
b. the sale is the direct result of the Representative’s
sales efforts before such termination or expiration.
(e) No Other Compensation. The compensation set out above shall be the
Representative’s sole compensation under this Agreement.
(f) Expenses. Any expenses incurred by the Representative in the
performance of this Agreement shall be the Representative’s sole
responsibility.
(g) Taxes. The Representative is solely responsible for payment of all income,
social security, employment-related, or other taxes incurred as a result of
the performance of services by the Representative under this Agreement
and for all obligations, reports, and timely notifications relating to such
taxes. The Company shall have no obligation to pay or withhold any sums
for such taxes.
8. NO CONFLICT OF INTEREST.
Non-Exclusive Sales Representative Agreement
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