d. Sub-agents. Distributor may appoint sub-agents, sub-distributors, sub-agents or other persons to act on behalf of Distributor or otherwise perform any of Distributor`s obligations under this Agreement in the Territory; provided that (i) any compensation to such sub-agent, sub-distributor, sub-agent or any other person acting on behalf of the Distributor or otherwise performing any of the Distributor`s obligations is the sole responsibility of the Distributor and (ii) such appointment does not deprive the Company of the essential rights to which it is entitled under this Agreement. Any agreement with such sub-agent, sub-distributor, sub-agent or other person shall not exceed the term of this Agreement. This distribution agreement allows the dealer to buy products on its own account and then resell them to its customers on its territory. The distributor earns a profit margin between the prices. The distributor has authorised the commissioning of other sub-distributors for this purpose. This Agreement is for the Distributor. g. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the transactions contemplated herein and supersedes all prior written and oral agreements and all concurrent oral agreements with respect to such transactions. g. The recipient party`s obligations under this Section 6 shall survive the termination or non-renewal of this Agreement for a period of [number of years] years.
For the avoidance of doubt, it is emphasized that the customer and sub-distribution lists of the business partner are considered protected information within the meaning of this contract. e. The Company`s performance of this Distribution Agreement and the performance of its obligations and obligations under this Agreement does not violate any agreement to which the Company is a party or otherwise bound, and in addition to any other liability set forth in this Agreement, the Company: c. Termination. d. Assignment. Neither party may assign, pledge or otherwise transfer its rights, interests or obligations under this Agreement without the prior express written consent of the other party, whether by operation of law or otherwise. d. Terms of Sale. All sales of the Company are made in accordance with the terms of this Agreement. The Distributor will be appropriately credited if the Distributor makes the payment as part of an order and subsequently determines that it has obtained a higher discount in accordance with the above points.
f. Cumulative Remedies. The rights and remedies of the parties under this Agreement are cumulative and do not exclude any rights or remedies that the parties would otherwise have. No single or partial exercise of that right or remedy by a Party, and no cessation of enforcement measures or remedies shall preclude any further exercise of that right or any other right or remedy of that Party. a. Exclusive appointment. Subject to the terms of this Distribution Agreement, the Company appoints and grants distributors the exclusive right to sell and distribute the Products to customers in the Territory (the « Customers ») and to provide other services as distributors for the Company, as set forth herein. Distributor shall limit its activities with respect to the Products to customers located in the Territory and shall refrain from selling or transferring the Products directly or indirectly to persons located outside the Territory without the express written consent of the Company. The Company may not sell or otherwise supply the Products in the Territory, directly or indirectly, unless they are sold through the Distributor, and the Company may not contact any of the Distributor`s customers for any reason without the prior written permission of the Company. b. Territory.
The rights granted to distributor hereunder are granted for the following geographic areas and markets. c. The Company warrants and represents that the Products are free from defects in design, materials and workmanship and conform to the specifications provided. i. Notices. Except as expressly provided herein, all notices, consents, requests, requests and other communications required or permitted herein shall: (i) be in writing; (ii)) will be sent by courier, a certified or registered U.S. postal service, a reliable express delivery service, or a fax machine (with a copy sent by any of the above means), for a fee to the appropriate address or number(s) specified below; and (iii) shall be deemed to have been delivered to the addressee on the date of receipt, as evidenced by point (A), a receipt issued by the addressee (or a responsible person in his office), the records of the person who provided such a communication or a communication indicating that the addressee refused to request or accept such a communication when sent by courier; U. Postal or express delivery service or (B) a receipt generated by the sender`s fax indicating that this message was sent to the appropriate number on a specific date if it was sent by fax. All such communications shall be sent to the above addresses for each Party or to other addresses or numbers that one Party may communicate to the other by giving advance notice days in advance [days in advance].
e. Relations between the parties. The Distributor is an independent contractor and is not considered an employee, legal representative, distributor, general agent, joint venturer or partner of the Company for any purpose. Distributor acknowledges that the Company has not given it any authority to make changes to the Company`s Terms of Sale, to provide warranties beyond those provided by the Company, or to limit its liabilities or remedies unless the Company limits its responsibilities and remedies, signs offers, enters into commitments (express or implied) or generally enters into contracts on behalf of the Company or binds the Company in a transaction with customers, government agencies or third parties. .