Arcman MediTech Co., USA (AMC) with many years experience in the herbal and nutritional supplement field offers the most effective and profitable herbal products on the
market. AMC offers over 100 unique products, including herbal and liquid sexual enhancement solutions for men and
women, as well as energy, enlightenment, focus and weight loss supplements. AMC is the leading supplier of herbal supplements to the US market, specializing
in high-converting wholesale and US chain-store marketing strategies.
2.0 Purpose
The purpose of this Marketing Service
Agreement (“MSA”) is to formalize an agreement between Arcman MediTech Co., USA, hereinafter referred to as
“AMC”, and xxx Inc, hereinafter referred to as “xxx”, whereby AMC will deliver sales services for “xxx” which are of the nature, criteria
and content described in this document.
This document is intended to state
the details of the provision of the service, which will also encompass duties and regulations for both parties, which must be met for the successful
provision of service by AMC and such duties and regulations, must be met in accordance to this document. This agreement will evolve over time, with
additional knowledge and experience of best practice solutions, as well as the introduction of new services into the portfolio of xxx.
3.0 General Terms and Conditions
3.1 Date of Agreement Commencement
This agreement is in effect upon the
date of receipt by AMC of the original version of this document having been signed by the Chief Executive Officer of xxx company.
3.2 Date of Service commencement
Service will commence upon the date
when the first deliverable is received by AMC from xxx company.
3.3 Organizations
This Agreement is between AMC and xxx
company.
3.4 Dependencies
xxx company is dependent on internal
groups within AMC to function accordingly and in conjunctions with the roles and responsibilities of AMC, which are stipulated in this agreement. Without
the enactment of such tasks, AMC will be unable to provide services to its respective customers/Clients.
3.5 Severability
If any Provision of this
agreement, or the application of such provision, is invalid or unenforceable under any applicable statute or rule of law, the remaining provisions of this
agreement shall remain in full effect.
3.6 Controlling Law
This agreement and all
the questions concerning the validity, interpretation or performance of any of its terms or provision, or of any rights or obligations of the parties
hereto, shall be governed by and resolved in accordance with the laws of State of MA.
3.7 Pilot Period
A pilot period will be in
operation for the first month of service in order for all parties concerned to ascertain quantitative data to determine the success.
The aim of the pilot
period is to run the process as expected by AMC, if the Pilot Scheme is successful, the service will continue on as it was during the pilot period, except
being bound for a period of 1Year.
3.8 Non-Compete Agreement
AMC & xxx company will ensure
that the following non-compete provisions. The non-compete provisions are as follows:
1. xxx company
representatives or persons representing xxx, its managing directors or company stakeholders will not contact or make any efforts to contact the AMC
customers, without prior notice sent to AMC.
3.9
Quality Checker &
Trainer Authority
Under the auspices of
this contract any quality checker or trainer working for or appointed by AMC will have the following authority and powers in accordance with and on their
behalf:
1. The Quality
Checker or Trainer will have the right to train agents for selling processes, in accordance with information provided by xxx company.
2. Any
representative or quality checker appointed by AMC, for quality assurance purposes will have the right to monitor calls taken for selling service processes.
3.10 Exclusivity
Any and all Sales produced within the Scope of this agreement
and specifically for AMC will be owned by AMC. CMNI has the right to re-sell that data to other companies whatsoever.
4.0 Scope of Agreement Purpose
4.1 Process
The process by which AMC will provide
its service to xxx company is stated here. This process states the responsibilities of both AMC and those of xxx company in relation to the enactment of the
processes involved in the outbound call handling service.
Step 1
The AMC operations
department will work with xxx company to pick the most resalable product out of xxx company’s product list. Xxx
company must provide related literature and 24 bottles of sample.
Step 2
AMC managers will
provide the product they would like to carry and the researched price for discussion.
Step 3
AMC then will work
with its designer team to repack the selected product to make new label design to fit into FDA approved requirements. AMC will also make English brochures
of the product. If necessary, AMC will manage to run small batch of the selected product in US. So the product
is really made in USA.
Step 4
AMC then submit
the new-designed product to chain- store buyers for negotiation. Then work with then on pricing, lead time and availability.
Step 5
After entering the
stores like CVS, Walgreen, AMC will expand the product marketing service to 10,000 independent health food stores.
5.0 Changes to this Document
5.1 Amendment To Agreement
Any amendment to this
document or the terms and conditions within its auspices require the approval of 7DH & CMNI. Any amendment to this document would take place through an
addendum to this document, which would be recorded in Appendix A
.
6.0 Roles and Responsibilities
xxx company
1. xxx company
will conduct business in a courteous and professional manner with AMC
2. xxx company
will provide the product information requested by AMC to ensure the best practice solution of AMC marketing performance.
3.
xxx company will ensure the inventory of the product. If it is low, xxx company will automatically produce more to keep in stock.
AMC
1. AMC will
conduct business in a courteous and professional manner.
2. AMC will
ensure all provisions in this document are upheld and adhered to.
3. AMC will
ensure timely delivery of task deliverables, on a monthly basis.
4. AMC will
ensure that the website operatives follow the best practice solution.
5. AMC will
provide details of sales report in the form of excel report to xxx company monthly.
7.0 Commercials
7.1 Price of Service
7.2 Payments Terms & Invoicing
8.0 Acceptance by AMC & xxx company
For
AMC
I declare being the President of AMC, and on behalf of the company, to agree to and
accept all the terms and conditions detailed within this Agreement.
Signed:
Name:
Date:
