Non-Exclusive Sales Representative Agreement Page 5

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The Representative hereby warrants to the Company that it does not currently represent
or promote any lines or products that compete with the Products. During the Term (as
defined below), the Representative shall not represent, promote, or otherwise try to sell in
the Territory any lines or products that, in the Company’s judgment, compete with the
Products. The Representative shall provide the Company with a list of the companies and
the products that it currently represents, and shall notify the Company in writing of any
new companies or products at such time as its promotion of those new companies and
products commences.
9. REPRESENTATIVE’S REPRESENTATIONS AND WARRANTIES.
The Representative agrees to:
(a) devote such time, energy, and skill on a regular and consistent basis as is
necessary to sell and promote the sale of the Company’s Products and
services in the Territory during the Term of this Agreement;
(b) assist in finalizing agreements and purchase orders with each customer, in
form and substance satisfactory to the Company, for such customer’s
purchase of the Products;
(c) accurately represent and state Company policies to all potential and
present customers;
(d) promptly inform the Company of all sales and orders;
(e) inform the Company if the Representative intends to advertise the
Products outside of the Territory or solicit sales from customers located
outside of the Territory;
(f) maintain contact with the Company via telephone, e-mail, or other agreed
on means of communication with reasonable frequency to discuss sales
activity within the Territory;
(g) disclose any problems concerning customers (including Existing
Customers) to the Company; and
(h) perform such other sales-related services with respect to the customers as
the Company may reasonably require.
10. COMPANY’S REPRESENTATIONS AND WARRANTIES.
The Company hereby represents and warrants as follows:
Non-Exclusive Sales Representative Agreement
5

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