Tommy B Sim Sales Organization Planning Site
- Tommy B has naming rights (placeholder name: TBco).
- In function this is partnership between Bales et. al. (50%) and Tommy B et. al. (50%), legal form of organization tbd.
- This is a sales organization for the purpose of selling golf simulators and related parts and products.
- TBco's duties and obligations are solely to find or receive prospects and sell them.
- TBco engages as an exclusive sales organization with Clarity.Golf and all its assigns (CG).
- TBco will be expected to contribute, gratis, design ideas, product ideas, customer service ideas and any other input to CG that can improve both entities' mutual success.
- TBco can sell any level of product to anyone anywhere.
- TBco will have the exclusive U.S. rights with respect to CG to sell and manage sales of premium golf simulators, to be fully defined but relating to certain types of high end/high priced simulators into certain types of market channels.
- Tommy B will participate by exclusively representing TBco in all golf technology-related sales that CG produces.
- CB shall allow TBco commissions equal or greater than commissions allowed by AboutGolf Limited.
- TBco shall compensate Tommy B individually at commissions equal or greater than allowed by AboutGolf Limited.
- TBco shall engage other agents for sales outside of territories exclusively controlled by Tommy B individually and pay them commission rates as determined by TBco.
- CG will manage all customer care and fulfillment beneath first level care as defined and chosen by TBco.
- CG will manage all designs, planning, marketing, marketing materials, installations, service, support, and other stuff to be clearly defined, although this can be more easily defined as everything except making the sale.
- CG will compensate TBco at some level on all customers passed over to CG by TBco, at TBco's discretion (the assumption is that these will be mostly comprised of lesser or unliked buyers).
- Legal: Paragraph 5(J) of Tommy's agreement restricts Tommy from selling competitive products during the term of the agreement (Bales missed this, like an idiot). However, in absence of early termination provisions for Tommy, UCC state law applies. This is the same in Ohio, Delaware and any other venue that might be identified as applicable: that Tommy has the right to terminate on "reasonable" notice.
- Here is the official feedback from attorney re termination: Where no agreed upon event for the termination of the contract is provided in the agreement, the termination of the contract requires reasonable notification. While the contract is for one year, it does not provide termination procedures for Tom. Because there is no agreed upon event that would allow Tom to terminate the agreement early, my reading of the statute is that he is entitled to terminate upon reasonable notice. Further, 15(B) states that upon termination neither party shall be liable to the other because of the termination for compensation, reimbursement, or damages for any reason whatsoever growing out of such termination. If they argue that his termination was improper, I believe this clause provides additional protection as it expressly waives any liability resulting from the termination of the agreement.
- Product: A clear definition is required of the product opportunities and pricing offered by CG for Tommy's evaluation relative to being a suitable replacement for his current AG opportunities.