Manitoba All Fours Association

Welcome to the DPD Software lead referrals program.

 

 

This Agreement is made on this 8th day of January, 2016 by and between DPD Software Ltd, a privately helL corporation having its office at Unit 3 – 1761 Pembina Hwy, Winnipeg, MB R3T 2G6  (hereinafter called “Principal”) and Net-ASAP Consulting Inc., a company existing under Canadian laws and having its address at ___________________________________________hereinafter called “Agent”) and both Parties hereto have agreed as follows :

 

 

1. Sales Territory

“Agent” shall act as a sales agent for the “Principal” within the territory of Canada, USA and the Caribbean.

 

2. Sales products

PurpleSoft Mobile ERP (hereafter called PSM) Software Subscriptions; Monthly Support plans for PSM; Professional Services as sold with PSM subscriptions deployments, Training Services as sold with PSM subscriptions deployments, as supplied by the Principal.

 

3. Agent shall do its best to utmost efforts for the sales of above products and all sales transactions should be confirmed in advance by Principal.

 

4. Commission rate will be,

Software Subscription                     25% for 24 months

Monthly Support plan                      25% for 24 months

Professional Services                       20% on deployment service to “go live”.

Training Services                              10% on training service for “go live”

 

of the price of the products as evidenced by Principal’s invoice to the customer(s) in the sales Territory. These commissions are subject to change with 6 months’ notice. Commissions are reduced by 5% of the published commissions when leads are not are not “chaperoned” by the Agent.

 

5. This Agreement is effective from 8th of January 2016, and shall remain effective for 1 year. This Agreement may be extended automatically unless otherwise informed by either party.

 

6. “Principal” shall comply with the relevant rules and regulations under Canadian laws especially under Anti-trust and Fair Trade Acts.  All disputes must be settled under the Laws of Canada in the Province of Manitoba unless otherwise agreed to in writing by the Principle.

 

7. The agreement can be terminated any time by either of the parties giving at least 3 months prior written notice to the other party

7.1     DPD can terminate this agreement with immediate effect by giving written notice to the Agent if any sum payable by the Agent to DPD under this agreement has not been paid within 60 days of the due date

7.2     DPD or the Agent can terminate this agreement with immediate effect by giving written notice to the other party if:-

7.2.1  that party is in breach of any of its obligations under this agreement;  and

          i)       written notice of the breach has been given to that party;  and         

          ii)      that party has not remedied the breach to the reasonable satisfaction of the party who served the notice within 28 days of receiving the notice;  or

7.2.2  that party being a limited company, a petition is presented or a meeting convened to consider a resolution for winding up the dissolution of that party or an administration order to made in respect of that party;  or

7.2.3  that party stops trading or becomes insolvent;  or

7.2.4  that party enters a scheme or arrangement (including a voluntary arrangement) for the benefit of its creditors;  or

7.2.5  a receiver is appointed in respect of that party or its assets or a resolution is passed for such an appointment;  or

7.2.6  an administration order is made in respect of that party

7.3     DPD reserves the right to terminate this agreement if the majority of shares pass to different company

7.4     Upon the termination of this agreement, the Agent will, at its own expense, immediately return to DPD:-

7.4.1  the Source Material;

7.4.2  all copies of the Software, Source Material and Documents in its possession;

7.4.3  all documents or copy documents relating to the Software, Source Material, Documents and Maintenance Contracts (if signed separately) in its possession;

7.4.4  all documents or copy documents relating to HW (except for correspondence between the Agent and HW, which does not relate to technical matters) in its possession; and

7.4.5  the list of Subscribers and the stock of valid Software Maintenance.

7.5     Upon termination, the Agent will stop using the Trademark and will destroy all Documents and other items (including those stored in computer memory), other than those returned to DPD under 7.4 above, which bear the Trademark

7.6     Upon termination, the Agent will immediately pay to DPD all sums due under this agreement

7.7     Upon the termination of this agreement, the Agent will continue to honour any obligations under any on-going Maintenance until the earliest date they can terminate such contracts, but no longer than one year in any case

 

In the event of this Agreement being terminated by the principal for any reason other than willful misconduct on the part of the Agent, the Agent shall be entitled to be compensated for loss of goodwill suffered, investments and services made by the Agent. Such compensation shall be an amount equal to the amount of the current booked monthly commissions over the months left not passed by. However such compensation shall not be less than $1.00 CDN for each month not lapsed.

 

8. Any disputes or claims which may not be resolved amicably between the parties hereto shall be settled by arbitration in Manitoba, Canada in accordance with the Rule of Arbitration of Canadian Commercial Arbitration Board in Canada.

 

 Welcome to the DPD Software lead referrals program.

 

 

This Agreement is made on this 8th day of January, 2016 by and between DPD Software Ltd, a privately held corporation having its office at Unit 3 – 1761 Pembina Hwy, Winnipeg, MB R3T 2G6  (hereinafter called “Principal”) and Net-ASAP Consulting Inc., a company existing under Canadian laws and having its address at ___________________________________________hereinafter called “Agent”) and both Parties hereto have agreed as follows :

 

 

1. Sales Territory

“Agent” shall act as a sales agent for the “Principal” within the territory of Canada, USA and the Caribbean.

 

2. Sales products

PurpleSoft Mobile ERP (hereafter called PSM) Software Subscriptions; Monthly Support plans for PSM; Professional Services as sold with PSM subscriptions deployments, Training Services as sold with PSM subscriptions deployments, as supplied by the Principal.

 

3. Agent shall do its best to utmost efforts for the sales of above products and all sales transactions should be confirmed in advance by Principal.

 

4. Commission rate will be,

Software Subscription                     25% for 24 months

Monthly Support plan                      25% for 24 months

Professional Services                       20% on deployment service to “go live”.

Training Services                              10% on training service for “go live”

 

of the price of the products as evidenced by Principal’s invoice to the customer(s) in the sales Territory. These commissions are subject to change with 6 months’ notice. Commissions are reduced by 5% of the published commissions when leads are not are not “chaperoned” by the Agent.

 

5. This Agreement is effective from 8th of January 2016, and shall remain effective for 1 year. This Agreement may be extended automatically unless otherwise informed by either party.

 

6. “Principal” shall comply with the relevant rules and regulations under Canadian laws especially under Anti-trust and Fair Trade Acts.  All disputes must be settled under the Laws of Canada in the Province of Manitoba unless otherwise agreed to in writing by the Principle.

 

7. The agreement can be terminated any time by either of the parties giving at least 3 months prior written notice to the other party

7.1     DPD can terminate this agreement with immediate effect by giving written notice to the Agent if any sum payable by the Agent to DPD under this agreement has not been paid within 60 days of the due date

7.2     DPD or the Agent can terminate this agreement with immediate effect by giving written notice to the other party if:-

7.2.1  that party is in breach of any of its obligations under this agreement;  and

          i)       written notice of the breach has been given to that party;  and         

          ii)      that party has not remedied the breach to the reasonable satisfaction of the party who served the notice within 28 days of receiving the notice;  or

7.2.2  that party being a limited company, a petition is presented or a meeting convened to consider a resolution for winding up the dissolution of that party or an administration order to made in respect of that party;  or

7.2.3  that party stops trading or becomes insolvent;  or

7.2.4  that party enters a scheme or arrangement (including a voluntary arrangement) for the benefit of its creditors;  or

7.2.5  a receiver is appointed in respect of that party or its assets or a resolution is passed for such an appointment;  or

7.2.6  an administration order is made in respect of that party

7.3     DPD reserves the right to terminate this agreement if the majority of shares pass to different company

7.4     Upon the termination of this agreement, the Agent will, at its own expense, immediately return to DPD:-

7.4.1  the Source Material;

7.4.2  all copies of the Software, Source Material and Documents in its possession;

7.4.3  all documents or copy documents relating to the Software, Source Material, Documents and Maintenance Contracts (if signed separately) in its possession;

7.4.4  all documents or copy documents relating to HW (except for correspondence between the Agent and HW, which does not relate to technical matters) in its possession; and

7.4.5  the list of Subscribers and the stock of valid Software Maintenance.

7.5     Upon termination, the Agent will stop using the Trademark and will destroy all Documents and other items (including those stored in computer memory), other than those returned to DPD under 7.4 above, which bear the Trademark

7.6     Upon termination, the Agent will immediately pay to DPD all sums due under this agreement

7.7     Upon the termination of this agreement, the Agent will continue to honour any obligations under any on-going Maintenance until the earliest date they can terminate such contracts, but no longer than one year in any case

 

In the event of this Agreement being terminated by the principal for any reason other than willful misconduct on the part of the Agent, the Agent shall be entitled to be compensated for loss of goodwill suffered, investments and services made by the Agent. Such compensation shall be an amount equal to the amount of the current booked monthly commissions over the months left not passed by. However such compensation shall not be less than $1.00 CDN for each month not lapsed.

 

8. Any disputes or claims which may not be resolved amicably between the parties hereto shall be settled by arbitration in Manitoba, Canada in accordance with the Rule of Arbitration of Canadian Commercial Arbitration Board in Canada.