Hi and welcome to JA,
I need clarification of the following, It's not quite clear
".....another product from another company is represented by this company my question has to do with reduced commissions when promoting services from another company. The other company agreement is being provided by this company however I have elected to terminate the agreement which I have done by fax and by e-mail"
What is the alleged "breach" here?
Is the breach a requirement to afford you the right to cancel or is the right to cancel absolute with or without a breach?
Are you saying you have deals on two products with the same company?
Please read part one which represents the terms of payment and reduced payments for utilizing another company's card. The other company's card is being provided by the company that i have this agreement with which has been terminated.
What is the "card" ?
My rhetorical question............who wrote this agreement????? :-(
Did you offer the program under the name of USPC or are you saying that USPC developed a line that competes with yours? If the latter, does the agreement address that action on the part of USPC?
FMC is the company that offers the discount pescription card program for USPC. I ahve not contracted any sales for these products for a variety of reasons, however FMC does also distribute another differemtly branded card which we plan to move forward with. As a result I am seekign to clarify that by terminating the agreement with FMC for the USPC card and then entering into a new agreement for the other branded card will not be cause for FMC the holding company to say we are paying a reduced comission as per the agreement with USPC when FMC has agreed to offer the other branded card and will now contract a new seperate agreement. I hope I have clarified my question /concern. To summarize I have terminated the USPC agreement and will date the new agreement as of June 1 or June 4 so that there is not any downstream exposeure for FMC to say you did not tell us you were using an alternate card when they are providing the program to me and cannot change the commission structure that is not being offered in the new agreement which by the way will be at higher levels. I do not want to start sellign and find out that teh comissions have been comprimised from a previous agreement. Everything has been discussed and the first agreement has been terminated already.
I'm looking at this from a legal and practical point point of view:
1. You did terminate the original contract per Paragraph 7 although I think that paragraph is poorly written since it seems to give either side the right to terminate only upon a breach. However, since no business was conducted, there could have been no breach by either side
2. It seems like you have no intention of dealing with USPC so why be concerned about reduced commissions in the future?
3. Your agreement with FHC is totally independent from the USPC contract.
If there are other questions or concerns or if I missed an issue you need resolved, please get back to me.
Correct unless there is a clause somewhere in the original agreement preventing you from utilizing a competeing product because FMC is the distributor of both even though they are separate programs.
No need to apologize. The facts were a little complicated, but I hope I made you feel comfortable about your position now. Come back and ask for me if you need any further clarifications or have any more questions. Good luck with the new deal.
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