Consumer Law, Warranties contract for call girl

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savingsnest

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Not really guys... but I knew you'd click to read.
Just wanted to generate some traffic for my legitimate post.

I am interested in working with a medical company as a VAR (independant rep) and received their contract for review. This product has additional income possibilities through residual income from monthly client support fees. This important feature is why I am considering this product.
The contract states that they can cancel the agreement at any time with or without cause and take over my client base and the monthly residuals.
They reason that they may want to sell the company later and the new owner may want a direct sales force.
Over time, the residuals could build up to $5,000 to $10,000 per month.
How can this clause be changed to protect me from building a client base and then losing it suddenly should their scenario take place?
 
If it is a sales contract then most (if not all) of the terms are negotiable. You are a good salesman right? Here is a chance to show your stuff. :)

Nevertheless, it usually just depends on how bad they need a saleman and how good they think you are. It is probably a standard form they present to all their salespeople and they might tell you that it is set in stone. Is it straight commission or salary plus commission? Are you given a defined territory or region or are all VAR's selling against each other? How else might you be competing against the company? If it is straight commission then there is typically more room to negotiate. I regularly enter into these types of agreements with my business, and if it is what we term a "dead territory" or "missionary product line" meaning that there is little to no existing business or commissions to be made in the 1st couple of months--we will immediately point that fact out and try to get some type of protection for our efforts. One technique that I am particularly fond of trying to get included is: extended time added to the notification to legally break/end the contract. You are usually guaranteed your residuals as long as the contract is still in force. For example, a standard contract might state that the contract can be terminated at anytime as long as one part notifies the other in writing and gives 30 days notice. Cross that part out and say see Addendum X and state that something like, for every year that the contract is inforce from the date of acceptance, 20 days will be added to the required notification time to legally break the contract. That way after the 1st year you would get 50days that they would have to pay you residuals from the time they gave you notice. If you are lucky they will not have their legal council look at and you will accrue days indefinitely, but more likely you will have to add a clause that say up to a maximum amount (say 6 months).
Other things you can try get them agree to is some type of lump sum residual payout in the case of the company being sold at the time the contract ends or a decreasing percentage payment of the residuals overtime after such an event.
 
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