Sales Rep Agreement

By · July 8, 2009 · Filed in Start Up Info

Please read the Sargent Steam Sales Rep Agreement carefully. Once submitted, you will be held responsible for knowing, abiding by and conforming to all aspects of this agreement.

To complete the Sales Representative Agreement, type your contact information into the fields.

Agree to the terms by checking the box following each paragraph. When you have read each paragraph and checked its box click “Submit”.

It’s highly recommended that you print a copy of the agreement for your records, click here to print.

 

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This Sales Representative Agreement (SRA) is an agreement to abide by and follow company rules and guidelines; it is not an employment contract. An SRA must be applied for and accepted by Sargent Steam LLC (the Company). Your signature on the SRA indicates you have read, understand, and agree to follow all Company policies and procedures.

  • You must have a valid social security number and be of legal age to sign an SRA.

  • You must complete our training in paperwork and demonstration guidelines before representing the Company and submitting an SRA.

  • Sargent Steam reserves the right to accept or refuse any/all SRA requests at their discretion.

  • Your SRA will be reviewed and must be renewed each January 31st. Current company policies and procedures are available on the Company website and must be read and agreed to before each annual renewal.

I have read and agree to the terms and conditions listed in the paragraph above.

Sales Representatives are Independent Contractors

Sales Representatives (Sales Reps) are representatives, not employees of Sargent Steam. Sales Reps qualify under the Independent Contractor status with the IRS. This Agreement shall not render the Sales Rep an employee, partner, agent of, or joint venture with the Company for any purpose. The Sales Rep is, and will remain, an independent contractor in his or her relationship to the Company. The Company shall not be responsible for withholding any payroll taxes from the Sales Rep's compensation. The Sales Rep shall have no claim against the Company for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

As a Sales Rep in the Sargent Steam business model, you do not need a storefront, a business license, or tax resale number because you do not buy and resell the merchandise. The Company fills your orders so you are not required to purchase the inventory you sell.

As a Sales Rep in the Sargent Steam business model you need demonstrating equipment, transportation, and business aids. Your demo requires one Sargent Steam cleaner, iron, cart, deluxe accessory kit, and business aids kit. Financing is available. If you are unable to afford your own, company equipment may be made available to you on an individual needs basis.

Rules and restrictions apply to using company demonstrating equipment as follows. If Sargent Steam LLC furnishes initial demo equipment, the Sales Rep is responsible for all maintenance, repairs, replacement of worn items. Sales Rep ensures this equipment will always be kept in perfect working order. The demo equipment and cleaning cloths must be kept clean, organized and aesthetically pleasing at all times. The Sales Rep must maintain a minimum quota of 3 weekly demos to retain the company provided demo equipment. Should the Sales Rep leave the company, all demo equipment must be returned or paid for at 20% off regular retail.

Form W-9 with your social security number must be signed and on file for tax purposes and form 1099 will be issued in January on your earnings. All self-employment taxes are the sole responsibility of the Sales Rep.

I have read and agree to the terms and conditions listed in the Sales Representatives are Independent Contractors section above.

Insurance Liability and Assumption of Risk

Sales Reps must agree to keep in force, at their own expense, all liability, business, and vehicle insurance under such terms and in such amounts as are required by law or is reasonable as prudent business practice. Sales Reps understand that while traveling to or from Company-related meetings, events, workshops, or gatherings, they are doing so as apart of their own independent business and not in any manner as an employee, agent, or functionary of the Company, notwithstanding the fact that their attendance may be based in whole or in part by invitation from, or agreement with, the Company to attend. Sales Reps assume all risk and responsibility for their own travel. Including but not limited to, travel to and from sales calls, demonstrations, delivery of merchandise sold or other customer service related activities.

I have read and agree to the terms and conditions listed in the Insurance Liability and Assumption of Risk section above.

Income

Sargent Steam provides Sales Reps with the opportunity to build their own business at their own pace, however the Company makes no promises of guaranteed income. Your Sales Rep income will always be in direct proportion to your efforts as commission is paid on your personal sales volume and bonuses are paid on your volume generating proficiency. The Company reserves the right to make changes and adjustments at any time to the Sales Rep commission structure at our discretion without prior written notice. Commission checks are issued weekly on Wednesday for all sales finalized by the end of business day on the preceding Friday. A statement of customer purchase activity is available to Sales Reps on request at all times.

If merchandise is returned and a refund is issued to a Sales Rep's customer, commission already paid becomes immediately due to SARGENT STEAM, LLC. The amount due will be deducted from the next week's commission check.

I have read and agree to the terms and conditions listed in the Income section above.

Advertising and Business Aids

All types of advertising and business aids must be purchased directly from SARGENT STEAM LLC. If it has the Company name or logo on it, it must be approved in writing before you use it. This includes (but is not limited to) media ads of any kind, such as radio, TV, and newspaper ads; flyers, newsletters, web sites, direct mail pieces, postcards, business cards, letterhead, videos, brochures, etc. Sales Reps may not reproduce or make changes to original forms or business aids. Sales Reps may print and use forms found on the Sales Rep support website (www.ISellSargentSteamCleaners.com) however, when making additional copies, make sure they are straight, clear, their original color and size. Sales Reps may not give or resell Sargent Steam forms or business aids to anyone outside the Company. Sargent Steam trademarks, trade names, trade secrets, and copyrighted materials belong solely to the Company, and may only be used with the Company's written permission.

I have read and agree to the terms and conditions listed in the Advertising and Business Aids section above.

No Exclusive Territories

Sargent Steam does not restrict Sales Reps to specific geographic boundaries for selling, marketing, and recruiting purposes. Any Sales Rep in good standing may demonstrate, sell, deliver, ship, recruit, and sponsor anyone in the United States regardless of other sales reps living or working in the area.

I have read and agree to the terms and conditions listed in the No Exclusive Territories section above.

Other Companies

Sales Reps are not allowed to represent, recommend or sell any competitor's related products including, but not limited to steam cleaners, steam irons, microfiber cleaning products, aromatherapy diffusers or essential oils. Sargent Steam does not restrict Sales Reps from representing or recruiting for other non-competitive companies or products on their own time. However, marketing and recruiting for other companies at a Sargent Steam meeting is not allowed.

I have read and agree to the terms and conditions listed in the Other Companies section above.

Media Interviews, References and Testimonials

Associate agrees to cooperate with SARGENT STEAM, LLC in the development of endorsements, testimonials, and other such marketing materials. Sales Rep grants SARGENT STEAM, LLC rights to reference Sales Rep in any media or marketing materials. Sales Rep agrees to allow the Company the use of his/her voice, likeness, image, or statements in any medium or manner it sees fit without obligation to inform or pay the Sales Rep for their performance.

Sales Reps do not have permission to give media interviews, create or distribute press releases. All media correspondence or interview requests are to be forwarded to a Company PR spokesperson.

I have read and agree to the terms and conditions listed in the Media Interviews, References and Testimonials section above.

Term and Termination

This agreement will remain in effect for as long as SARGENT STEAM, LLC makes the service available, unless the agreement is terminated due to breach of its terms. SARGENT STEAM, LLC and the Sales Rep have the right to terminate this agreement at any time by notifying the other party in writing. The final commission payment to Sales Rep may be withheld for a reasonable time in order to ensure that the correct amount is paid to Sales Rep.

The Company may terminate this Agreement at any time. If you, the Sales Rep are convicted of any crime or offense, fail or refuse to comply with the written policies or reasonable directive of the Company, are guilty of serious misconduct in connection with performance, or you materially breach this Agreement, the Company may terminate this agreement immediately and without prior written notice to the Sales Rep.

If you, Sales Rep, are terminated for cause, the Company will not reimburse you for any of your demo equipment or unused business aids and you will be held financially responsible for any outstanding accounts receivable. If you terminate your association with the Company we may (at our discretion) buy back any unused, current, and resalable business aids at the same price you paid less a 10% restocking fee.

In order to maintain Sales Rep status each Sales Rep must maintain at least 5 sales per month. Sales inactivity is not grounds for termination however, any Sales Rep who fails to transact 5 sales within a 60 day period will lose Sales Rep privileges such as, but not limited to, the use of company owned demonstrating equipment, merchandise discounts and full commissions. Should you reactivate, you must read and agree with current company policies and procedures and sign a new SRA.

I have read and agree to the terms and conditions listed in the Term and Termination section above.

Indemnification, Choice of Law, Arbitration, and Dispute Resolution

Sales Rep agrees that he/she shall defend, indemnify, save and hold SARGENT STEAM, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against it's members, officers, and employees, that may arise or result from any product or service provided, performed or agreed to be performed or sold by Sales Rep, it's members, employees or assigns.

The laws of the state of Utah shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of all parties. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Utah in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. In the event any dispute arises between the parties to this Agreement the party asserting a claim shall state the claim in writing and deliver it to the other party. The opposing party shall state its position in response to the claim in writing within 30 days of receipt of the claim. The parties shall negotiate in good faith within the next 30 days to try and resolve the dispute; however, if such negotiation is unsuccessful, they shall have the dispute mediated in Salt Lake County, Utah by a court certified mediator. In the event the parties cannot agree on a Mediator, the Clerk of Court for Salt Lake County shall appoint one from their list of court approved Mediators.

In the event the dispute is not resolved in part or whole by negotiation or Mediation as described above, all unresolved issues shall be resolved by binding Arbitration. The arbitration shall be held in Salt Lake County, Utah, with one arbitrator. Arbitration may be initiated by either party if the negotiation of Mediation is not successful in resolving all disputes by the sending of a request for arbitration to the other party. The costs of the Arbitration shall be borne equally by the parties. Attorney's fees and costs may be awarded by the Arbitrator as they deem appropriate as part of the final ruling. The Arbitration hearing shall be held within 120 days of the appointment of the Arbitrator; the decision shall be issued in writing; the decision shall follow Utah law; the decision shall be enforceable by any court of competent jurisdiction, and the decision shall not be appeal able by either party.

I have read and agree to the terms and conditions listed in the Indemnification, Choice of Law, Arbitration, and Dispute Resolution section above.

Copyright, No-Compete, Agreed Use

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

At no time for a period of at least 2 years, in all of the following locations, Utah, Idaho, Texas, Arizona, Colorado, Montana, New Mexico, Nevada, Washington, Oregon, California, Wyoming, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Louisiana, Arkansas, Missouri, Iowa, Minnesota, Wisconsin, Michigan, Illinois, Indiana , Ohio, Kentucky, Tennessee, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, Virginia, West Virginia, Pennsylvania, Maryland, New Jersey, New York, Connecticut, Delaware, Vermont, Rhode Island, Massachusetts, New Hampshire, Maine, Alaska, Hawaii, will any Sale Rep contract for herself/himself or for and in behalf of any other person, firm, partnership, or corporation, call upon any client, customer of seller, or any potential client/customer for the purpose of soliciting, selling, sub-selling directly, indirectly, or both, to any client or customer, any of SARGENT STEAM, LLC, designs, business plans, programs, services, or any similar product sold and designed by SARGENT STEAM, LLC, nor will she/he in any way, directly, or indirectly, for himself or in conjunction with any other person, firm, partnership or corporation solicit divert or take away any such clients or customers of SARGENT STEAM, LLC, ever, nor will Sales Rep ever disclose to any person, any of the secrets, methods, or systems used by the SARGENT STEAM, LLC, in and/or about its business. Failure to abide by these terms will result in legal action to recover any and all damages to SARGENT STEAM, LLC, and/or the Mathie Party, including legal and attorney’s fees.

I have read and agree to the terms and conditions listed in the Copyright, No-Compete, Agreed Use section above.

Sargent Steam, LLC reserves the right to change policies without prior notice at any time and at its sole discretion, by sending a new agreement to the Associate via e-mail. These policies and procedures are effective as of August 1, 2012.

I have read and agree to the terms and conditions listed in the Sales Representative Agreement above.