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I. Terms of Agreement
The Contractor agrees to indemnify TWM Direct Mail, LLC. for any expenses or
costs incurred by the TWM Direct Mail, LLC, including attorney’s fees, relating to any
act of negligence, claim, or misconduct of the Contractor.
Contractor can determine the methods, details, and means of performing sales and
client and account services. TWM Direct Mail, LLC. can assist in imparting methods
found to be successful in these endeavors.
TWM Direct Mail, LLC may provide sales leads from time to time. The
Contractor agrees to provide feedback to the TWM Direct Mail, LLC regarding those
sales leads and other prospects Contractor has contacted in a timely manner.
Contractor will supply all tools, equipment, and supplies required to perform the
services under this Agreement. TWM Direct Mail, LLC can supply sales binders, inserts
and business cards consistent and required by Money Mailer, LLC. of which Corporation
is a franchisee.
Contractor acknowledges that: (1) Money Mailer’s products and services are
highly specialized items; (2) the identity and particular needs of Money Mailer and
Company’s customers are not generally known in the direct mail advertising industry; (3)
Money Mailer and Company, have a proprietary interest in the identity of their customers
and customer lists; (4) Money Mailer has a large amount of time, money and effort
invested in the trademarks, logotypes, franchised system and goodwill of “Money
Mailer”; and (5) documents and information regarding the “Money Mailer” methods of
advertising sales, franchising, production, pricing, costs and specialized solicitation and
servicing of customers are highly confidential and constitute trade secrets.
Corporation will provide a “Do Not Call List”, which will be revised on a regular
basis to Contractor.
Workers’ Compensation
Obligations of Corporation
TWM Direct Mail, LLC. agrees to meet the terms of all reasonable requests of
Contractor necessary to the performance of Contractor's duties under this Agreement.
Neither this Agreement nor any duties or obligations under this Agreement may
be assigned by TWM Direct Mail, LLC or Contractor without the prior written consent of
Contractor and TWM Direct Mail, LLC.
Termination of Agreement.
Notwithstanding any other provisions of this Agreement, either party hereto may
terminate this Agreement at any time by giving written notice to the other party.
The Contractor agrees that it will be exposed to confidential sales materials, lists
of customers, forms, and sales techniques that, if disclosed, would cause irreparable harm
and damages to TWM Direct Mail, LLC and Money Mailer, LLC.
During the term of this agreement, Contractor had access to and became familiar
with various trade secrets and confidential information of Money Mailer and Company,
including but not limited to the documents and information essential in performing sales,
and client and account services.
The Contractor further agrees not to enter into any competitive business
relationships directly or indirectly as an owner, agent, or independent contractor in Clark
County, Nevada for the period of one year after termination of this Agreement.
Notices
Any notices to be given hereunder by either party to the other may be affected
either by personal delivery or by mail, registered or certified, postage prepaid with return
receipt requested. Mailed notices shall be addressed to the parties at the addresses
appearing in the introductory paragraph of this Agreement, but each party may change
that address by written notice in accordance with this paragraph. Notices delivered
personally shall be deemed communicated as of the date of actual receipt; mailed notices
shall be deemed communicated as of three (3) days after the date of mailing.
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the performance of services by Contractor for
TWM Direct Mail, LLC, and contains all of the covenants and agreements between the
parties with respect to the rendering of such services in any manner whatsoever. Each
party to this Agreement acknowledges that no representations, inducements, promises, or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf
of any of the parties, which are not embodied herein, and that no other agreement,
statement, or promise not contained in this Agreement shall be valid or binding. Any
modification of this Agreement will be effective only if it is in writing signed by the party
to be charged.
Partial Invalidity
Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of Nevada.
By Date:
Other Commissions/Bonuses:
• $50 for each new client above 5 new clients* in a given mailing cycle
• $5 per zone sold for all zones in excess of 50 zones sold
• $10 per zone sold for all zones in excess of 100 zones sold
When Paid:
Commissions effective end of week when money is collected. Paid by following
Wednesday.
Other Situations:
If anything has been ‘missed’ on this sheet, we will talk it out & be fair about the
concern.
Agreement:
This Commission structure subject to annual renegotiation 1 year from agreement date.