SALES AFFILIATE AGREEMENT
RockitOil Products
This Sales Affiliate Agreement is executed by indicating your approval in the check mark space at the end in lue of your signature. This Affiliate Agreement is between the indicated Affiliate Representative and Spektrem Marketing LLC. ( Spektrem will be known as the Company and the
Representative will be known as the Affiliate)
Recitals:
1. Company conducts business as a product developer, reseller of various products and services, (product ) RockitOil Products. The Company desires to engage the services of Sales Affiliate to assist Company in the promotion and sale of products and services offered.
2. Sales Affiliate desires to assist Company in the promotion and sale of products offered by the Company, on the terms and conditions set forth in this Agreement.
In consideration of the recitals and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
2. Certain Definitions. As used in this Agreement, the following definitions shall apply:
(a) “Completed Sale” means the full consummation of a sale of Products to a customer for which sale Principal has received payment in full during the Term.
(b) “Net Sales Price” means the sales price charged by the customer less all shipping charges, Sales tax, credit& bank charges.
(c) “Product(s)” means those products sold by the Company to its customers during the Term of this Agreement.
3. Appointment.
(a) Company appoints Sales Affiliate, and Sales Affiliate accepts the appointment, to be the Company’s nonexclusive Sales Affiliate for Products sold and to be sold to customers of the Company through various social media placements, online websites and in person.
(b) Sales Affiliate is acting solely as an independent contractor. Sales authority limited to the promotion of orders. The Company and Principal reserve the right, in their sole discretion, to accept or reject any purchase order.
4. Commissions
(a) The Company shall pay to Sales Affiliate, as full and total compensation for all services provided by Sales Affiliate in connection with its performance under this Agreement, commissions in the amounts and at the times set forth on attached Exhibit A
(b) All commissions payable by the Company under this Agreement shall be due and payable to Sales Affiliate no later than the 30th calendar day after the close of the financial month.
(c) The Sales affiliate will be paid as an independent contractor / vendor and will be responsible for all their income taxes.
(d) Commission Charge-back. Company has the right to set cash discounts, allowances, and adjustments, to accept returns from Customers, In such case, Company shall charge back to Sales Affiliate’s account, or to withhold from any future commissions due, any amounts previously paid or credited to the Sales Affiliate with respect to the Sales of Product(s)
5. Exclusive Sales by Sales Representative. During the term of this agreement the Sales affiliate shall sell the products sold, manufactured, or otherwise distributed by the Company. All commission generated by sales to Customers by the Sales Affiliate shall remain exclusive to the Sales affiliate while this agreement is in effect. Sales Affiliate shall refrain from selling or attempting to sell any other Products competitive / similar in nature to Products sold, manufactured, or distributed by the Company. Any sales of Products similar in nature to existing customers the Products sold, manufactured, or distributed by the Company by Sales Affiliate will be deemed a breach of this agreement. The Company reserves any and all legal rights it has and is not relinquishing any and all remedies available to it under law by including liquidated damages or by accepting the liquidated damages as set forth herein. The liquidated damages in addition to any and all other remedies available to the Company under law.
6. Customers of the Company. Customers of the Company. Any and all Customers, persons or entities who purchase Products from the Principal, shall become, and remain Customers of the Company. Sales Affiliate releases the Customer to the Company regardless of the relationship of the Customer to the Sales Affiliate or the procurement of that Customer for the Company. The Sales Affiliate agrees that upon termination of this agreement, for any reason whatsoever, the Customer shall remain the Customer of the Company and the Sales Affiliate will not contact or otherwise engage the Customer regarding products or services offered by the Company for a period of not less than one (1) year from the date of termination of this agreement without specific written authorization from the Company.
7. Term and Cancellation.
(a) This Agreement shall be effective as of the Effective Date listed this Agreement and shall continue in effect for a period of one (1) year (Initial Term), after which this Agreement shall be automatically renewed for successive one-year periods (each, a “Renewal Term”), unless terminated as set forth in this Section. For purposes of this Agreement, the Initial Term and any Renewal Terms are collectively referred to as the “Term.”
(b) Company shall have the right to terminate this Agreement with or without cause on 30 calendar days’ written notice sent by regular mail or via email.
(c) On termination of this Agreement, Company shall pay any outstanding Commissions due to Sales Affiliate from sales already made, and if without cause on sales generated from Customer for a period of six (6) months.
8. Confidential Information. Sales Affiliate shall retain in strict confidence and, except as otherwise expressly provided in this Agreement, not use or disclose to others any proprietary information received from the Company, including but not limited to knowhow, compilations, processes, plans, blueprints, technical information, new product information, test procedures, product samples, pricing, marketing plans, or specifications as well as commercial and other information or data considered proprietary or confidential in nature, whether communicated in writing or orally.
9. Governing Law. This Agreement shall be deemed to have been executed and entered into in the State of Illinois.
EXHIBIT A
Commissions
Sales commissions shall be 10% of the Net Sales Price as defined in this agreement. The Commissions for the Sales Affiliate are based upon the Sales Price List less any tax and shipping, credit card & bank charges.