Sales Goals. The Marketer agrees that during the term of this Agreement, the Marketer will meet and maintain the franchise sales goals ("Sales Goals") set forth in Exhibit I to this Agreement.
Sales Goals. Sales goals shall be determined by Distributor and Supplier and sales performance criteria of Distributor shall be dictated as shown on Exhibit D. Both parties will shall work together to achieve these sales goals.
Sales Goals. The Marketer shall meet the following cumulative Sales Goals by the last day of each twelve-month period ("Sales Year") during the term of the Agreement: Cumulative Minimum Number of New Pak Mail Centers Sold in the Territory Last Day of Sales Sales Year Year First ----------------------------- ----------------, Second ----------------------------- ----------------, Third ----------------------------- ----------------, Fourth ----------------------------- ----------------, Fifth ----------------------------- ----------------, TOTAL SALES GOALS ============================= The first Sales Year commences on the date of the Agreement and expires on the date shown above. Each subsequent Sales Year commences on the date succeeding the last day of the preceding Sales Year and expires on the respective date shown above. The sales made during the term of the Agreement are cumulative. Therefore, if the Marketer meets its total Sales Goals prior to the end of the fifth Sales Year, the Marketer's Sales Goals will be satisfied. PAK MAIL CENTERS OF AMERICA, INC. AREA MARKETER a Colorado corporation -------------------------------- (Print Name) By: By: ------------------------------ --------------------------- Title: Title: ---------------------------- ------------------------- Date: Date: ---------------------------- ------------------------- EXHIBIT II ---------- CURRENT FORM OF FRANCHISE AGREEMENT EXHIBIT III ----------- CURRENT FORM OF AMENDMENT TO FRANCHISE AGREEMENT (A.M. P.M. MOVERS PROGRAM) EXHIBIT IV ---------- GUARANTY AND ASSUMPTION OF AREA MARKETER'S OBLIGATIONS
Sales Goals. Licensee agrees to attain mutually agreed upon annual sales goals for the product as follows:
Sales Goals. It is acknowledged and agreed that the Commercialization Plan and Budget may establish from time to time Sales Goals for Approved Products, each of which may be established on an Approved Product by Approved Product, and geographic region by geographic region, basis. A Party shall not be responsible for any failure to meet such Sales Goals, provided that such failure is not primarily caused by a failure of the Party to use [ * ] efforts to perform its responsibilities under the Commercialization Plan and Budget.
Sales Goals. 4.1 The Parties agree to establish quarterly sales goals for the Products based on discussions between them, in the form indicated, and based on the sales policies specified by, the Seller.
Sales Goals. Distributor shall attempt to meet the sales goals set forth in Schedule C attached to this Agreement (the "Sales Goals"). In the event Distributor does not attain the Sales Goals set forth in Schedule C, TPS may revoke Distributor's exclusive right to market, distribute and sell the Product in the Territory. The parties agree that Distributor's loss of its exclusive distributorship shall be sole remedy available to TPS in the event that Distributor does not attain the Sales Goals, but this Agreement shall otherwise continue in full force and effect.
Sales Goals. The parties will meet, or otherwise communicate periodically, to refine sales goals, identify the degree of market penetration, improve methods of advertising or other aspects of distributing the Products in the Territory, all with the intent that the sales of the Products in the Territory shall increase over the term of this Agreement. In the event that purchases of Products do not reach the assigned goals for each year, Company may terminate or revise this Agreement without further obligation on the part of the Company to Reseller.
Sales Goals. The Sales Goals for Incentive Year One shall be communicated to Ventiv promptly after being finalized by Client management and shall be consistent with Client’s own national sales goals. In the event the Sales Goals are not achieved, Ventiv shall have the ability to earn a proportionate amount of the total incentive fee available in Incentive Year One (i.e. $[***]). The minimum threshold for achievement of the Sales Goals shall be [***]%. For example, in the event Ventiv achieves [***]% of the Sales Goal, Client shall receive a credit of $[***] and if Ventiv achieves [***]% of the Sales Goal, Client shall receive a credit in the amount of $[***]. In addition, if Ventiv achieves more than [***]% of the Sales Goal, Client shall pay Ventiv an additional incentive fee in an amount in proportion to the actual Sales Goal achieved, up to a maximum of [***]%. For example, in the event Ventiv achieves [***]% of the Sales Goal, Client shall not receive a credit and if Ventiv achieves [***]% of the Sales Goal, Client shall pay Ventiv $[***] ([***]% of $[***]). If Ventiv achieves [***]% (or more) of the Sales Goal, Client shall pay Ventiv $[***]. In addition, in the event Client adds a Product (as set forth in Section 1(a)(i) of the Agreement), the Parties agree to adjust the Sales Goals in light of any corresponding changes to Client’s own national sales goals. Client shall notify Ventiv concerning achievement of the Sales Goals within 60 days following the end of Incentive Year One and Incentive Year Two. In connection with such notification, Client shall provide Ventiv with supporting prescription data received from one or more nationally recognized independent third party data providers. In addition, Client shall provide Ventiv with monthly prescription data to allow Ventiv to track Sales Goal progress. Credits from Ventiv to Client for failure to achieve Sales Goals in Incentive Year One and Incentive Year Two shall be reflected on the Ventiv invoice to Client in the month following the completion of Sales Goal calculations. Payments from Client to Ventiv for achievement of greater than [***]% of the Sales Goals in Incentive Year One and Incentive Year Two shall be made within thirty (30) days following completion of the Sales Goal calculation. Ventiv acknowledges that the Sales Goals thresholds, as well as the actual prescription results constitute “Confidential Information” of Client and such information is subject to the requirements set forth in Section 6 of ...
Sales Goals. The Sales Goals for Incentive Year Two shall be communicated to Ventiv promptly after being finalized by Client management and shall be consistent with Client’s own national sales goals. The calculation of the Sales Goals in Incentive Year Two, the amount of the credit or payment and the timing of the credit or payment shall be determined in accordance with Section II (b)(iii) above, except that $[***] shall be used instead of $[***].
