DAILY-UPDATE SALES REPRESENTATIVE AGREEMENT
Employment Agreement: This contract is made between Daily-Update Pty Ltd (trading as Daily-Update Publishers and hereinafter called Daily-Update) and [A] ____________________ (hereinafter called the Representative). It is mutually agreed as follows:
The Representative agrees to:
1. Represent and sell Daily-Update’s products and services in the geographic area of:
Country: [B]
Regions: Directions: See the Schedule at the end of this contract. Look down the list for your country, then go across to column 3 for the type of region (eg. State or Province), then see column 5 for the maximum number of these regions you can claim as your sales region. A Website is provided in the last column so that you can work out which regions you are interested in.
[C]
(a) (b)
(c) (d)
(e) (f)
(g) (h)
(i) (j)
(k) (l)
(m) (n)
(o) (p)
(q) (r)
(s) (t)
(u) (v)
(w) (x)
(y) (z)
2. Pay the establishment cost of AU$200 to cover: (a) starter catalogues; (b) Daily-Update book samples and materials (provided at min. 75% discount); (c) 1000 colour business cards; (d) 2 canvas DU bags for conveying books to clients; and (e) packaging of the above materials in a carton; and (f) shipping to anywhere in the world. Subsequent to this shipment, Daily-Update will provide the Representative with further reasonable quantities of business cards, catalogues, and any product samples required for sales purposes at no cost. Note: Book samples are for display purposes only, and must not be given away or sold.
3. Accurately represent and state Daily-Update policies to all potential and present customers.
4. Promptly mail or email all leads and orders to Daily-Update.
5. Inform Daily-Update of all problems concerning Daily-Update customers within the sales territory.
6. Inform Daily-Update if the Representative is representing, or plans to represent any other business firm. In no event shall the Representative represent a directly competitive company or product line, either within or outside the designated sales area, without the permission of Daily-Update.
7. Maintain contact with Daily-Update via telephone, e-mail, or other agreed upon means of communication with reasonable frequency to discuss sales activity within the territory.
8. Provide Daily-Update with 30 days' notice should the Representative intend to terminate this agreement.
9. Return promptly all materials and samples provided by Daily-Update to the Representative, at the Representative’s expense, if either party terminates this agreement.
Daily-Update agrees to:
10. Pay the following commissions by PayPal (go to www.paypal.com to set up a free account) on the prepaid sales (but not on the cost of shipping and handling) to the Sales Representative on the first of each month:
(a) 10 percent of all prepaid sales sold at a discount to booksellers (the discount to booksellers is as at http://www.daily-update.com/html/booksellers.html - and is currently 35% for orders up to US$ 1000*; 40% for orders between US$ 1000* and US$ 5000*; and 45% for orders over US$ 5000*).
(b) 10 percent of all credit sales.
(c) 15 percent of all prepaid sales sold at a discount to schools, pre-schools, kindergartens and other educational institutes (the discount to schools is as at http://www.daily-update.com/html/schools.html - and is currently 15% for orders over US$ 200*).
(d) 20 percent of all prepaid sales sold at retail price.
Daily-Update reserves the right to amend the commission and bonus schemes following 30 days’ notice. Daily-Update also reserves the right to amend the discounts offered to schools, bookshops, etc following one week’s notice.
11. Bonuses shall be paid on the first of January each year for these achievements:
|
ACHIEVEMENT: (the Representative may combine the sales from all his/her sales regions) |
BONUS: |
|
Making a total of US$50,000 in sales within the year starting January 1st Making a total of US$100,000 in sales within the year starting January 1st Making a total of US$200,000 in sales within the year starting January 1st Making a total of US$500,000 in sales within the year starting January 1st Making a total of US$1000,000 in sales within the year starting January 1st
Recommending a sales representative who is subsequently allocated one or more sales regions and makes over US$50,000 in sales in the first six months: |
US$ 800 US$ 2,000 US$ 4,500 US$ 12,000 US $25,000 US$2,000 |
12. Provide the Representative with 30 days' notice should Daily-Update wish to terminate this agreement.
13. Pay commissions to the Representative on sales from existing customers for a period of six (6) months after this agreement is terminated by either party, except where termination was for the Representative’s breach of contract.
In addition, both Parties agree:
14. Commissions on refunds to customers or merchandise returned by the customer in which a commission has already been paid to the Representative shall be deducted from future commissions to be paid to the Representative by Daily-Update.
15. Transport will not generally be reimbursed, except where Daily-Update has requested that the Representative travel somewhere for a particular purpose, for example to attend a conference or show, or meet with a particular school or person. In such cases, Daily-Update shall reimburse double the cost of the petrol.
16. The Representative is responsible for paying tax and generally fulfilling all legal requirements of their country.
17. The Representative is independent of Daily-Update. Daily-Update accepts no responsibility for the Representative’s actions, omissions, statements or debts. The Representative is given no authority, responsibility or privilege other than what is stated in this contract.
18. The Representative must receive Daily-Update’s approval for any advertising outside the supplied catalogues, Website, brochures and business cards.
19. Breach of contract shall be deemed to include the following actions:
(a) Violating a term in this contract or any other Daily-Update regulations;
(b) Accepting money on behalf of Daily-Update without prior authorization. Payment for Daily-Update materials shall be by direct methods specified by Daily-Update after the completion of this contract;
(c) Incurring any debt or other responsibility on behalf of Daily-Update;
(d) Lying to; intimidating; exerting undue pressure on; or offending anybody while marketing Daily-Update materials
(e) Misrepresenting or speaking against Daily-Update or any employee, or otherwise putting Daily-Update’s name into disrepute;
(f) Reproducing, storing, transmitting or using Daily-Update’s copyright material or ideas without permission, or breaching confidence;
(g) Failing to satisfy reasonable expectations for conduct or performance; or
(h) Violating the law of any country.
20. The region/s in Clause 1 is/are the Representative’s exclusive sales region/s for the sale of Daily-Update materials. Interest in the region/s may be sold or otherwise assigned by the Representative, subject to the following:
(a) Daily-Update must approve the assignee and all other details of the assignment (the assignee becoming subject to this contract as “the Representative”);
(b) if sales in a particular sales region are less than AU$300 over a six-month period, Daily-Update may, at its sole discretion, reassign this geographic interest to another party (whether the party with interest in the region is the original Representative or an assignee); and
(c) should the Representative engage the custom of the central purchasing department of a chain of private schools, institutes or shops (etc), Daily-Update reserves the right to award the sales interests in that chain to the Representative, even if the chain has schools or institutes in areas outside the geographic area specified in clause 1. At the sole discretion of Daily-Update, therefore, the Representative’s interest in the chain may come to take precedence over the geographic area of other Representatives at any time.
This constitutes the entire agreement.
This agreement shall be binding upon the parties and their successors and assigns.
*Using the rate of 1 USD = 1.33 AUD
_________________________________________________________________________________
[D] Signed this ______day of _______________, 20____.
SALES REPRESENTATIVE: DAILY-UPDATE:
[E] Signature ____________________________ ____________________________
[F] Printed Name ____________________________ ____________________________
[G] Email address attached to your PayPal account: ____________________________
Note: Methods of payment other than PayPal are only considered if PayPal is not available
in the Representative’s country.
Business Card Details:
[H] Email address you want on your business card: ____________________________
[I] Academic qualifications (if any) you’d like on card: ____________________________
[J] Telephone number: ____________________________
[K] Facsimile number (if any): ____________________________
[L] Mobile/cell phone number (if any): ____________________________
Schedule - Sales Regions for Various Countries
This Schedule is for use in Clause 1 of this contract.
Daily-Update divides countries up into sales regions in various ways. We may specify electorates, states, provinces, districts or cities in the third column.
The columns (POP.) and (NO. OF REGIONS) are just for your information, but the column (MAX NO. TO CLAIM) is important. It shows the maximum number of regions you are allowed to claim as your total sales territory.
For example, if you live in Australia, you will see that you can claim a maximum of eight House of Representatives electorates as your sales region. This will be your exclusive sales territory for marketing Daily-Update materials according to the contract. You can enter eight electorates in Clause 1 of this contract.
A Website is provided in the last column so that you can work out which regions you are interested in.
|
COUNTRY |
POP(m) |
SALES REGIONS |
NO. OF REGIONS |
MAX NO. TO CLAIM |
WEBPAGE FOR REGIONS |
|
Afghanistan |
27.2 |
Provinces |
34 |
2 |
|
|
Albania |
3.1 |
Districts |
36 |
8 |
|
|
Algeria |
31.9 |
Provinces |
48 |
3 |
|
|
Andorra |
0.1 |
Parishes |
7 |
7 |
|
|
Angola |
15 |
Provinces |
18 |
2 |
|
|
Antigua and Barbuda |
0.1 |
6 Parishes on Antigua & 2 Isles |
8 |
8 |
|
|
Argentina |
38 |
23 Provinces & 1 Autonomous City |
24 |
2 |
|
|
Armenia |
3.0 |
Provinces |
11 |
6 |
|
|
Australia |
19.7 |
House of Rep.s Electorates |
150 |
10 |
|
|
Austria |
8.1 |
States |
9 |
2 |
|
|
Azerbaijan |
8.3 |
59 Raions, 11 Cities, 1 Autonom. Republic |
71 |
8 |
|
|
Bahamas |
0.3 |
Districts |
31 |
31 |
|
|
Bahrain |
0.7 |
Governorates |
5 |
5 |
|
|
Bangladesh |
136.6 |
Districts |
64 |
2 |
|
|
Barbados |
0.3 |
Parishes |
11 |
11 |
|
|
Belarus |
9.9 |
Provinces |
6 |
2 |
|
|
Belgium |
10.4 |
10 Provinces, 1 Capital Region |
11 |
2 |
|
|
Belize |
0.3 |
Districts |
6 |
6 |
|
|
Benin |
7.9 |
Departments |
12 |
3 |
|
|
Bhutan |
2.1 |
Districts |
20 |
10 |
|
|
Bolivia |
8.8 |
Departments |
9 |
2 |
|
|
Bosnia and Herzegovina |
3.9 |
10 Cantons, 1 Federal District, 1 Republika Srpska |
12 |
6 |
|
|
Botswana |
1.8 |
Districts |
9 |
5 |
|
|
Brunei Darussalam |
0.4 |
Districts |
4 |
4 |
|
|
Bulgaria |
7.8 |
Regions |
28 |
7 |
|
|
Burkina Faso |
12.4 |
Regions |
13 |
2 |
|
|
Burundi |
7.0 |
Provinces |
17 |
4 |
|
|
Cambodia |
13.5 |
4 Municipalities, 20 Provinces, All Isles |
25 |
3 |
|
|
Cameroon |
15.7 |
Provinces |
10 |
2 |
|
|
Canada |
31.6 |
House of Commons Electoral Districts |
308 |
10 |
|
|
Cape Verde |
0.5 |
Municipalities |
22 |
22 |
|
|
Central African Republic |
3.9 |
Prefectures |
14 |
7 |
http://en.wikipedia.org/wiki/Prefectures_of_the_Central_African_Republic |
|
Chad |
9.1 |
Regions |
18 |
3 |
|
|
Chile |
16 |
Regions |
13 |
2 |
|
|
China |
1,30 0.0e |
4 PRCMunicipalities, 15 Sub-provincialCities & approx 283 Prefecture-levelCities |
Approx 302 – see each province or autonomous region for cities |
2 |
|
|
Colombia |
44.2 |
32 Departments & 1 Capital District |
33 |
2 |
|
|
Comoros |
0.8 |
N/A |
all |
all |
|
|
Congo |
3.8 |
10 Regions & 1 Commune |
11 |
6 |
|
|
Congo, Dem. Rep. of the |
54.2 |
10 Provinces & 1 Independent City |
11 |
1 |
http://en.wikipedia.org/wiki/Democratic_Republic_of_the_Congo |
|
Costa Rica |
4.2 |
Provinces |
7 |
2 |
|
|
Côte d'Ivoire |
17.6 |
Regions |
19 |
2 |
http://en.wikipedia.org/wiki/Regions_of_C%C3%B4te_d%27Ivoire |
|
Croatia |
4.5 |
20 Counties & 1 Capital City |
21 |
7 |
|
|
Cuba |
11.2 |
14 Provinces & 1 Isla de la Juventud |
15 |
2 |
|
|
Cyprus |
0.8 |
Districts |
6 |
6 |
|
|
Czech Republic |
10.2 |
13 Regions & 1 Capital City |
14 |
2 |
|
|
Denmark |
5.4 |
13 Counties & 3 Municipalities |
16 |
4 |
|
|
Djibouti |
0.8 |
5 Regions & 1 City |
6 |
6 |
|
|
Dominica |
0.1 |
Parishes |
10 |
10 |
|
|
Dominican Republic |
8.6 |
31 Provinces & 1 National District |
32 |
8 |
http://en.wikipedia.org/wiki/Provinces_of_the_Dominican_Republic |
|
Ecuador |
12.9 |
Provinces |
22 |
3 |
|
|
Egypt |
71.3 |
26 Governates & 1 City of Luxor |
27 |
1 |
|
|
El Salvador |
6.6 |
Departments |
14 |
3 |
|
|
Equatorial Guinea |
0.5 |
Provinces |
7 |
7 |
|
|
Eritrea |
4.1 |
Regions |
6 |
3 |
|
|
Estonia |
1.3 |
Counties |
15 |
8 |
|
|
Ethiopia |
73.8 |
9 Regions & 2 Chartered Cities |
11 |
1 |
|
|
Fiji |
0.8 |
Divisions |
4 |
4 |
|
|
Finland |
5.2 |
Provinces |
6 |
2 |
|
|
France |
60.0 |
Departments |
100 |
3 |
|
|
Gabon |
1.3 |
N/A |
all |
all |
http://news.bbc.co.uk/1/hi/world/africa/country_profiles/1023203.stm |
|
Gambia |
1.4 |
5 Divisions & 1 City |
6 |
6 |
|
|
Georgia |
4.6 |
70 Districts, 2 Autonomous Districts & 1 Former Autonomous District |
73 |
10 |
|
|
Germany |
82.6 |
Districts |
439 |
10 |
|
|
Ghana |
21.2 |
Regions |
10 |
2 |
|
|
Greece |
11.1 |
Peripheries |
13 |
2 |
|
|
Grenada |
0.1 |
Parishes |
6 |
6 |
|
|
Guatemala |
12.0 |
Departments |
22 |
3 |
|
|
Guinea |
9.0 |
Prefectures |
33 |
6 |
|
|
Guinea- Bissau |
1.5 |
Regions |
9 |
5 |
|
|
Guyana |
0.7 |
Regions |
10 |
10 |
|
|
Haiti |
8.3 |
Departments |
10 |
2 |
|
|
Honduras |
6.9 |
Departments |
18 |
5 |
|
|
Hong Kong, China (SAR) |
6.9 |
Districts |
18 |
4 |
|
|
Hungary |
10.2 |
19 Counties & 1 Capital City |
20 |
3 |
|
|
Iceland |
0.3 |
Regions |
8 |
8 |
|
|
India |
1,07 0.8 |
602 Districts |
See each states or union territory for districts |
3 |
|
|
Indonesia |
217.4 |
30 Provinces, 2 Special Regions & 1 Capital City District |
33 |
1 |
|
|
Iran, Islamic Rep. of |
68.2 |
Provinces |
30 |
1 |
|
|
Iraq |
27.3 |
Governorates |
18 |
2 |
|
|
Ireland |
4.1 |
Provinces |
4 |
2 |
|
|
Israel |
6.5 |
Districts |
6 |
2 |
|
|
Italy |
58.0 |
Regions |
20 |
1 |
|
|
Jamaica |
2.6 |
Counties |
3 |
2 |
|
|
Japan |
127.7 |
Prefectures |
47 |
1 |
|
|
Jordan |
5.4 |
Governorates |
12 |
4 |
|
|
Kazakhstan |
14.9 |
14 Provinces & 2 Municipal Districts |
16 |
2 |
|
|
Kenya |
32.7 |
Provinces |
8 |
1 |
|
|
Kiribati |
0.1 |
N/A |
all |
all |
|
|
Kuwait |
2.5 |
Governorates |
6 |
3 |
|
|
Kyrgyzstan |
5.1 |
7 Provinces & 1 Capital City |
8 |
3 |
|
|
Lao People's Dem. Rep. |
5.7 |
16 Provinces, 1 Municipality & 1 Special Zone |
18 |
6 |
|
|
Latvia |
2.3 |
26 Districts & 7 Cities |
33 |
11 |
|
|
Lebanon |
3.5 |
Governorates |
6 |
3 |
|
|
Lesotho |
1.8 |
Districts |
10 |
5 |
|
|
Liberia |
3.2 |
Counties |
15 |
5 |
|
|
Libyan Arab Jamahiriya |
5.6 |
Municipalities |
32 |
8 |
|
|
Liechtenstein |
(.) |
Communities |
11 |
11 |
|
|
Lithuania |
3.5 |
Counties |
10 |
5 |
|
|
Luxembourg |
0.5 |
Districts |
3 |
3 |
|
|
Macedonia, TFYR |
2.0 |
N/A |
all |
all |
|
|
Madagascar |
17.6 |
Provinces |
6 |
1 |
|
|
Malawi |
12.3 |
Districts |
27 |
3 |
|
|
Malaysia |
24.4 |
13 States & 3 FederalTerritories |
16 |
2 |
|
|
Maldives |
0.3 |
20 Administrative Atolls & 1 City |
21 |
21 |
|
|
Mali |
12.7 |
Regions |
9 |
2 |
|
|
Malta |
0.4 |
Local Councils |
68 |
68 |
|
|
Marshall Islands |
0.1 |
Municipalities |
33 |
33 |
http://en.wikipedia.org/wiki/Municipalities_of_the_Marshall_Islands |
|
Mauritania |
2.9 |
12 Regions & 1 Capital District |
13 |
7 |
|
|
Mauritius |
1.2 |
9 Districts, 5 Dependencies & 3 Territories |
17 |
9 |
|
|
Mexico |
104.3 |
31 States & 1 Federal District |
32 |
1 |
|
|
Micronesia, Fed. Sts. |
0.1 |
N/A |
all |
all |
|
|
Moldova, Rep. of |
4.2 |
32 Districts, 3 Municipalities, 2 Semi-Autonomous regions |
37 |
12 |
|
|
Monaco |
(.) |
N/A |
all |
all |
|
|
Mongolia |
2.6 |
21 Provinces & 1 Municipality |
22 |
11 |
|
|
Morocco |
30.6 |
37 Provinces & 2 Wilayas |
39 |
3 |
|
|
Mozambique |
19.1 |
10 Provinces & 1 Capital City |
11 |
2 |
|
|
Myanmar |
49.5 |
7 Divisions & 7 States |
14 |
1 |
http://en.wikipedia.org/wiki/Administrative_divisions_of_Myanmar |
|
Namibia |
2.0 |
Regions |
13 |
7 |
|
|
Nauru |
(.) |
Districts |
14 |
14 |
|
|
Nepal |
26.1 |
Zones |
14 |
2 |
|
|
Netherlands |
16.1 |
Provinces |
12 |
2 |
|
|
New Zealand |
3.9 |
House of Reps General (geographical) Electorates |
62 |
15 |
http://www.ps.parliament.govt.nz/electorate-north.htm http://www.ps.parliament.govt.nz/electorate-south.htm
|
|
Nicaragua |
5.3 |
15 Departments & 2 Autonom. Regions |
17 |
6 |
|
|
Niger |
13.1 |
Departments |
7 |
2 |
|
|
Nigeria |
125.9 |
36 States & 1 Territory |