Exhibit 10.9
Sales Account #:_____________
COMMISSIONED SALES CONTRACTOR AGREEMENT
---------------------------------------
An Agreement made between Nations Express, Inc., a corporation instituted in the
state of North Carolina, U.S.A., engaged in the business of domestic and
international freight forwarding, hereinafter and for the purpose of this
Agreement called "The Company", and _______________ with domicile in the city of
________________________, state of _____________________, hereinafter and for
the purpose of this Agreement referred to as the "Sales Contractor".
The Sales Contractor is engaged in the business of Solicitation of freight
within the area known as ______________________________________________________
_____________________________________________________________________________.
It is agreed that it would be mutually beneficial to enter into a business
relationship where the Sales Contractor shall solicit and promote the services
of shipping goods through The Company, who shall furnish the routing and means
of shipping of said goods. The Sales Contractor will operate on an account by
account basis and not by territorial boundaries.
Therefore, the parties convey that:
1. The Company shall, within reason, ship all goods, equipment, and
supplies for clients, solicited or acquired by the Sales Contractor in
a prompt, efficient manner and upon such schedules as may be adopted by
The Company and furnished to the Sales Contractor, but in no way can
The Company promise or guarantee its service to Sales Contractor or to
the customer.
2. The Sales Contractor shall make his/her best efforts to solicit or
otherwise acquire customers to use the services provided by The Company
as described herein.
3. The Company shall pay as total compensation for procurement of
airfreight and surface transportation and other related transportation
services rendered, based on ___% of the gross profit.
4. The Company will pay a Sales Contractor a split commission on shipments
when there are two or more commissioned Sales Contractors involved in
the control of an account. This commission split will be determined on
an individual account basis.
5. Should a dispute arise for any reason, all parties agree to an internal
settlement without litigation. If the dispute can not be settled, then
both parties agree to The Company appointed arbitrator and the
arbitrator will have the final settlement ruling, both parties will
share equally in the cost of such arbitration.
6. The Company will pay commissions weekly on a 2 week lag based on the
billing to your customers.
7. Delinquent Accounts: Should an account have an unpaid invoice for 90
days, the Sales Contractor will be charged for any commissions paid for
the delinquent invoice, plus the
Sales Contractor's share of transportation costs. Sales Contractor's
share of transportation costs is defined as the cost for
transportation multiplied by the Sales Contractor's commission
percentage. The Sales Contractor will have the responsibility to
recover the loss for The Company, and if recovery is made, the Sales
Contractor will be reimbursed the commission plus the Sales
Contractor's share of transportation costs less any direct collection
costs. The Sales Contractor will be made aware of the unpaid invoices
and the collections efforts after 45 days so that the Sales Contractor
will have sufficient time to support the collections effort.
8. The Sales Contractor shall comply with all Local/State/Federal laws in
which the Sales Contractor and The Company are engaged in business. It
will be the sole responsibility of the Sales Contractor to comply with
the laws related to the xxxxxxx'x compensation, disability, or any
other required permits. Furthermore, the Sales Contractor must comply
with rules and regulations of the Interstate Commerce Commission,
Civil Aeronautics Board, U.S. Department of Transportation, the FAA,
and any applicable authority governing this type of industry.
Furthermore, the Sales Contractor will comply with the Rules and
Regulations Tariff set forth and supplied by The Company. The Sales
Contractor acknowledges and agrees that the Sales Contractor is not an
employee of Nations Express, Inc.
9. The Sales Contractor will not make representation or promises on the
part of The Company except as specifically provided in the Agreement.
The Sales Contractor does not have the authority to pledge The
Company's credit or extend credit in the name of The Company. The
Sales Contractor shall not use the name of the company in reference to
bank, leases, loans or credit of any kind.
10. This Agreement may not be assigned or otherwise transferred by the
Sales Contractor. The Sales Contractor shall not enter into any
subcontract or other arrangement with another person, partnership, or
corporation concerning any of the obligations assumed by the Sales
Contractor under the provisions of this Agreement.
11. This Agreement will supersede all other agreements, oral or written
between The Company and Sales Contractor prior to the date of this
Agreement.
12. This Agreement is effective as of the date hereof and shall remain in
full force and effect until terminated by either party giving to the
other party sixty (60) days written notice of intention to terminate
by certified mail. The company has the right to terminate this
agreement within a 24 hour notice if there is a breach of this
agreement. This agreement shall, however, automatically terminate in
the event of death, bankruptcy or inactivity of the Sales Contractor.
13. Violations or failure to comply with and meet the provisions of the
Agreement or any of the regulations promulgated by The Company or
unlawful conduct of Sales Contractor shall constitute full and
sufficient reason for immediate termination of the Agreement by The
Company, and Sales Contractor shall have no recourse in respect
thereof.
2
14. The Company makes no guarantee as to the amount of commissions that can
be earned by the Sales Contractor. The commissions earned by the Sales
Contractor are based solely on the ability of the Sales Contractor to
cultivate customers.
15. The Sales Contractor agrees that by working with The Company he/she
will become aware of company accounts, customer lists, special pricing
and information that is valuable to the ongoing business. The Sales
Contractor agrees to confidentiality in these matters with customers,
competitors and people not associated with The Company.
This Agreement shall be construed under the laws of the State of North
Carolina, and North Carolina law prevails.
SALES CONTRACTOR NATIONS EXPRESS, INC.
(The Company)
By:
-------------------------------------------- -----------------------------
(Print Name)
-------------------------------------------- ---------------------------------
(Signature) Officer of Nations Express, Inc.
-------------------------------------------- ---------------------------------
(Date) (Date)
--------------------------------------------
(DBA-Name that matches SS# or FID# below)
--------------------------------------------
(Social Security # or Federal ID. #)
(This number will be used on Federal Form 1099)
Corporation ____ Individual ____ Partnership____
--------------------------------------------
Address
--------------------------------------------
City State Zip
--------------------------------------------
Business Phone
--------------------------------------------
Business Fax
--------------------------------------------
Home Telephone Number
3
