Agency Agreement
This agreement is made between Multi-Link Communications, Inc., a Colorado
Corporation ("MLC") and _____________________________________, ("Agent"), on
this Day _________, Month_________________, 1999.
Background
Multi-Link is a provider of off-site Voice Messaging Services in the Denver and
Boulder local calling area. MLC provides Services to businesses, homes, and in
conjunction with mobile telephones and pagers.
Agent wishes to sell Multi-Link Services to businesses and/or homes that are
within the Denver local calling area. Agent understands that it must uphold the
very highest standards of customer care during its dealing with MLC and its
customers.
Term of Agreement
This agreement shall commence for a period of one year upon execution by an
Authorized representative of Multi-Link Communications, Inc. Following one year
of execution, a revised Agency agreement may be proposed. If no new agreements
are proposed, this agreement shall automatically renew for a period of one-year
following original date of execution. Both parties may terminate this agreement
upon 30 day written notice or immediately for "cause" including but not limited
to misrepresentation or unethical business practices.
Non-Exclusive Agent
Agent Understands that this is a non-exclusive agency and MLC will appoint other
agents to sell Services in the same geographic territory. In addition, MLC may
sell Services through any means it deems fit, and may offer terms, which may not
be available through agency programs.
Compensation
Agent Commission is based on the total monthly value of all contracts received
and dated within the same month and confirmed by MLC.
$1.00 to $2,999.00 - 5 times the monthly value.
$3,000.00 + - 10 times the monthly value.
At the discretion of MLC, after 6 months, stock options may be awarded to agents
who meet or exceed $3,000.00 in total monthly contract value in any month.
No commission is due on usage charges or other non-fixed revenues. The initial
commission pays Agent for the entire expected life of the customer. Existing MLC
clients renewing contracts and/or purchasing additional services are not
commissioned sales to Agent unless approved by MLC in conjunction with special
programs, which may be offered from time to time.
Commissions are payable the 25th of the month following contract date
Cancellations, Reductions, Bad Debts and Charge Backs
MLC-Agent Agreement 1.1.99 Pg 1 of 2
Except in cases of suspected fraud, Agents will not be charged back commissions
for cancellations, reductions or non payment once the fourteen day cancellation
period has expired. Agent will be responsible for the repayment of commissions
already paid in the event client cancels or reduces service prior to or within
the fourteen-day cancellation period.
Independent Contractor
The parties expressly declare and agree that Agent shall be an independent
contractor and not an employee or servant of MLC. Agent shall be responsible for
the payment of all city, state and federal taxes in connection with sale made
under this agreement. Agent shall maintain adequate insurance to cover workers
compensation and general liability for all personnel involved in the sale of
MLC's services.
By: ____________________________________________________ Date: _________________
Authorized Representative ("Agent")
By: ____________________________________________________ Date: _________________
Authorized Representative Multi-Link Communications, Inc.
Xx. Xxxxxx X. Xxxxx
President
Telcom Sales Associates, Inc.
000 Xxxxxxx Xxxxxx
Xxxxx 000
Xxxxxx
XX 00000
February 3, 1999
Dear Xxxxx,
Our attorneys have pointed out to me that when we signed the new agency
agreement dated effective January 1, 1999 that we did not confirm that this new
agreement superceded the old agreement in all respects.
Please sign a copy of this letter and return it to me to confirm that this is
the case.
Sincerely,
/s/ Xxxxx X. Xxxxxxxxx
--------------------------------
Xxxxx Xxxxxxxxx
Chief Executive Officer
I hereby confirm that the Agency Agreement dated effective January 1, 1999
supercedes all prior agency agreements between Telcom Sales Associates and
Multi-Link Communications, Inc.
/s/ Xxxxx X. Xxxxx
----------------------------------
Xxxxxx X. Xxxxx
President
Telcom Sales Associates, Inc.
MLC-Agent Agreement 1.1.99 Pg 2 of 2
