Responsibilities of Representative a. The Representative shall promote the sale of the Products set forth on Appendix “A” and render sales and technical services in the Territory.
b. The Representative shall not personally or through its employees represent himself or themselves as officers or employees of Ilios.
c. It is acknowledged and agreed by the parties that the policy of Ilios prohibits the payment by any employee or any sales representative of any substantial fee, gift or any other form of compensation as a consideration for or inducement to the obtaining of any contract or order or for the procurement of goods or services on behalf of Ilios. The Representative shall not make any unlawful payments in order to secure a sale or improve its competitive position, and the Representative shall perform its obligations under this Agreement in accordance with all laws, ordinances, rules and regulations of any and all applicable public authorities.
d. The Representative shall devote its best efforts to promote the maximum sale of the Products in the Territory and to that end shall be required:
i. To make personal calls on customers and prospective customers in the Territory as frequently as possible and as required by Ilios.
ii. To render sales and technical services to customers and prospective customers, both before and after sale, as required.
iii. To maintain an office equipped with telephone service during business hours to assure rapid communications.
iv. To maintain a staff adequate to provide sales coverage in the Territory.
v. To report on calls made to customers and prospective customers at such times as are requested by Ilios.
vi. To furnish Ilios with copies of all letters and other written information submitted by the Representative to customers and prospective customers.
vii. To assist Ilios, at the Representative's expense, in presentations at trade shows and in sales promotional campaigns when required by Ilios.
e. The Representative shall pay and be responsible for all expenses in connection with the performance of the terms and conditions of this Agreement on its part, including but not limited to rent, light, heat, telephone, telegraph, postage, stationery, office supplies, salaries of all employees and travel and entertainment expense, and Ilios shall have no responsibility or liability therefor.
f. The Representative shall, prior to the commencement of each calendar quarter, furnish to Ilios sales forecasts for the customers in the Territory for such quarter.
g. The Repr...
Responsibilities of Representative. 5.1 Representative shall be responsible for: Confidential & Proprietary
(a) maintaining an adequate sales promotion organization in order to fulfill the mutually agreed sales and other targets set forth in Exhibit 6 attached hereto, and other targets and objectives agreed to in writing by the Parties from time to time, and using its [*] to promote and assist GEHC in the sale of Covered Products and related servicing and financing to Served Market Customers. As of the Effective Date of the Agreement, Representative shall have a minimum of [*] full-time sales representative employees available to support GE Healthcare’s promotion and sale of Covered Products, and Representative shall have a minimum of [*] full-time sales representative employees available to support GE Healthcare’s promotion and sale of Covered Products no later than [*] days after the Effective Date. Thereafter, Representative shall use commercially reasonable efforts to maintain at least [*] sales representatives throughout the remainder of the Term of the Agreement. To ensure that all of Representative’s sales employees are eligible to work within the healthcare industry based on the absence of any alleged or confirmed violation of any law, regulation or government order as previously stated, Representative agrees to screen all current employees and potential new hires against the United States Department of Health & Human Services, Office of the Inspector General List of Excluded Individuals and Entities and the U.S. Food and Drug Administration, Disbarment List – links following;
(b) maintaining active contacts with Served Market Customers as may be reasonably necessary to produce effective coverage in the Territory;
(c) as necessary, or as reasonably requested by GEHC, and with the reasonable assistance of GEHC, demonstrating the Covered Products to Served Market Customers prior to any order;
(d) strictly complying with GEHC’s instructions regarding the price and terms and conditions for sales of the Covered Products and related service and financing to Served Market Customers and the provision of sales, service and financing contracts and purchase orders to GEHC;
(e) keeping GEHC promptly informed of all governmental, regulatory, commercial and industrial activities known to it which affect or could reasonably be expected to affect the sale, service or financing of Covered Products in the Territory;
(f) as GEHC may reasonably request, assisting GEHC in the development of its commercia...
Responsibilities of Representative. In consideration for the profit share granted herein, the Representative shall perform the following duties:
1. Performing research and other prospecting duties with regard to potential customers;
2. Completing paperwork as needed; and
3. Visit ,follow up the school and onboard them for the product eschoolz.
Responsibilities of Representative. During the term of this Agreement, Representative shall:
a. use its best efforts to actively promote and solicit the sale of Sercel Products by Sercel to Customers, including the exhibition of Sercel Products at all significant sales conventions (including, but not limited to the CSEG) for like products within the Territory;
b. beginning not later than 120 days following the Effective Date, commence (and thereafter continue during the term of this Agreement) operation of a high quality service center in the general area of Calgary, Alberta in Canada which will provide technical support of Sercel Products and perform warranty and non-warranty service on Sercel Products, all pursuant to the manuals and specifications provided by Sercel to Representative from time to time. Sercel agrees that if in the case of particular warranty work, in the event that Representative did not receive a commission from the sale of the applicable product, Sercel shall either pay Representative its published repair rates or perform the warranty work itself;
c. make all payments in connection with the operation of its business, including the payment of all wages, social security, withholding taxes, and company benefits arising out of this Agreement;
d. be responsible at its own expense (i) for the payment of freight, GST tax, import brokerage fees and any tariffs (from Sercel's office in Houston, Texas) applicable to the sale of Sercel Products to a Customer; provided, however, at the request of Representative, Sercel Products may be sent to Representative's import broker directly in Canada, in which instance Sercel will pay for the freight and Representative will pay the GST tax, import brokerage fees and other tariffs, and (ii) for the support of a Customer who has purchased Sercel Products consisting of new equipment during the start up period, which period shall generally run for two weeks;
e. promptly forward to Sercel all inquiries, bid and quotation requests, orders and correspondence relating to Sercel Products which may be received by Representative from Customers;
f. whenever requested to do so by Sercel, promptly forward to Customers quotations, bids, order acknowledgments, invoices and other commercial documents prepared by Sercel relating to Products;
g. whenever requested to do so by Sercel (but at least monthly), prepare and furnish to Sercel, in oral or written form as Sercel may direct, confidential reports regarding the activities of Representative on behalf of S...
Responsibilities of Representative. Representative shall satisfy the following responsibilities at all times during the term of this Agreement:
A. Representative and its staff shall conduct themselves in a manner consistent with the high image, reputation and credibility of the Company and Company Products, and shall engage in no activities which reflect adversely on the Company or the Products.
B. Representative shall use its best efforts to solicit orders for the Products, shall promote the sale of the Products in a diligent manner, and shall forward all orders to the Company promptly.
C. Representative shall maintain an office in the Territory which shall be open and staffed adequately during normal business hours. Representative shall employ and maintain adequately trained and competent personnel in numbers sufficient to carry out and perform properly and fully all of Representative's responsibilities under this Agreement.
D. Representative shall endeavor to open, create, employ, or otherwise engage secondary distribution of the Products throughout the Territory, at the Representative’s sole discretion, through engagement of third party distributors, subject only to reaching mutually acceptable business arrangements with the Company, the third parties, and itself as Representative.
E. In the event that Representative becomes aware of any actual or potential claim against the Company by any person or entity, Representative shall notify the Company immediately.
F. Representative shall furnish the Company, on a timely basis, with sales call reports, sales forecasts, and such other information pertinent to Representative's performance hereunder, as the Company may request.
G. Representative shall comply with all applicable federal, state and local laws and regulations in performing its responsibilities hereunder.
H. Representative shall assist the Company in obtaining relevant financial information concerning Company accounts and potential accounts within the Territory.
I. To the extent not otherwise required herein, Representative shall provide complete cooperation to the Company in order to assist the Company in maximizing the Company's success within the Territory.
Responsibilities of Representative. During the term of this Agreement, ------------------------------------- Representative shall:
(a) use his best efforts to actively promote and solicit the sale of Products and Services by Pro2 to Customers; and
(b) promptly forward to Pro2 all inquiries, bid and quotation requests, and correspondence relating to Products and/or Services which may be received by Representative from Customers; and
(c) whenever requested to do so by Pro2 (but not more often than once in any thirty day period), prepare and furnish to Pro', in oral or written form, as Pro' may request, confidential reports regarding the activities of Representative on behalf of Pro2 and/or containing other business development information of potential interest to Pro2 ; and
(d) maintain in strict confidence, and not disclose to any other person or firm except with the prior written permission of an authorized officer of Pro2 , any and all information received from Pro' or prepared by Representative for Pro2 regarding fees, customer lists, business plans, strategies, forecasts, studies, reports and any other information which may be considered confidential or proprietary by Pro2 and which is not publicly available. The confidentiality obligation of Representative under this sub-part (d) shall survive the expiration or termination of this Agreement.
Responsibilities of Representative. Representative shall satisfy the following responsibilities at all times during the term of this Agreement:
A. Representative and its staff shall conduct themselves in a manner consistent with the high image, reputation and credibility of the Company and Company Products, and shall engage in no activities which reflect adversely on the Company or the Products.
B. Representative shall use its best efforts to solicit orders for the Products, shall promote the sale of the Products in a diligent and aggressive manner, and shall forward all orders to the Company promptly.
C. Representative shall maintain an office in the Territory which shall be open and staffed adequately during normal business hours. Representative shall employ and maintain adequately trained and competent personnel in numbers sufficient to carry out and perform properly and fully all of Representative's responsibilities under this Agreement.
D. In the event that Representative becomes aware of any actual or potential claim against the Company by any person or entity, Representative shall notify the Company immediately.
E. Representative shall use its best efforts to achieve sales quotas assigned periodically by the Company to Representative. The Company shall have the right to adjust or revise any assigned sales quotas, from time to time, at its sole discretion, by written notice to Representative. Representative understands that sales volume is only one factor which will be considered by the Company in evaluating Representative's performance, and that the achievement of any sales quota(s) shall not preclude the Company from exercising its non-extension or termination rights pursuant to paragraph 14 of this Agreement.
F. Representative shall furnish the Company, on a timely basis, with sales call reports, sales forecasts, and such other information pertinent to Representative's performance hereunder, as the Company may request.
G. Representative shall attend any and all meetings and trade shows required by the Company.
H. Representative shall comply with all applicable federal, state and local laws and regulations in performing its responsibilities hereunder.
I. Representative shall assist the Company in obtaining relevant financial information concerning Company accounts and potential accounts within the Territory.
J. Representative shall keep the Company informed as to competitive and economic conditions within the Territory which may affect the marketing or sales of the Company Products t...
Responsibilities of Representative. Representative shall use commercially reasonable efforts to successfully identify potential customers interested in purchasing and subscribing to the Apptivo Services, and shall submit to Apptivo a Customer Registration Form (as defined below) for each potential customer. Representative must submit to Apptivo a Customer Registration Form for each potential customer that Representative reasonably believes is interested in subscribing to the Apptivo Services. Apptivo shall have sole discretion whether to approve a potential customer. Representative shall abide by applicable laws in connection with performance under this Agreement; provided however, that in the event Apptivo does not approve a potential customer at such time as Representative submits a registration form to Apptivo, but Apptivo approves such customer thereafter and prior to twelve months following submission of a Customer Registration Form to Apptivo for such customer, such customer shall be considered a Registered Customer and Representative shall be entitled to compensation for such customer as provided herein.
Responsibilities of Representative
