EXHIBIT 10.1
Sales Partnership Agreement
Contact Name: Robert Scher, President
Phone: 212 568 7307
Company: Growth Net, Inc.
Address: 900 West 190 St., Suite 4A
New York, NY 10040
Email Address:
1. Sales Partnership Agreement:
The following constitutes a sales partnership agreement between Dynamic
Net, Inc. (The Company) and Growth Net, Inc. (The Sales Partner):
The Sales Partner agrees to allow The Company the following rights respective to
a given product or service provided by The Company.
To determine the Investment required by the Company to provide the product or
service.
To determine the time-line required for the delivery / completion of the product
or service.
To determine the initial deposit, payment schedule, and payment terms required.
To determine the required materials and information necessary to start a
project, develop a product, or provide a service.
To accept or reject the request to provide a product or service on a
case-by-case basis.
The Sales Partner will responsible for the entire sales process except for areas
specified above as rights to The Company.
The Sales Partner will be responsible for billing and collections of all fees
for any product or service provided by The Company.
The Company agrees to allow The Sales Partner the following rights respective to
a given product or service provided by The Company.
The ability to contract with The Company as a contractor, subcontractor, or
strategic partner on a case-by-case basis.
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2. Copyright
Copyright issues will be handled on a per-project basis.
The Sales Partner agrees The Company holds the complete copyright of all
application software developed unless The Company signed a Work-for-Hire
contract for a given project.
3. Fees
The Sales Partner will keep 15% of all fees paid by the client except for any
fees directly related to travel and material expenses.
Travel and material expense include, but are not limited to, the following:
Transportation costs
Room and board
Per diem allowances while traveling
Telephone usage while traveling
4. Agreement Term
The term of this agreement starts the day the contract is signed by Dynamic
Net, Inc. and continues for a period of one year.
The Sales Partner and The Company have the right to negotiate a new contract at
the time of contract completion.
5. Confidentiality by The Sales Partner
The Sales Partner acknowledges that it may obtain confidential information
regarding The Company's business which is either not available to the public or
is material in which The Company developed a proprietary interest ("Confidential
Information").
The Sales Partner agrees to keep such information confidential and not disclose
the information without the express written permission of the CEO/President of
The Company of The Company.
Any subcontractor , agent, or party utilized by The Sales Partner during the
course of this contract also agrees to keep such information confidential.
Upon completion or termination of this contract, The Sales Partner will return
any and all material obtained from the Company; no copies (digital, paper, or
otherwise) of confidential information shall be retained by The Sales Partner or
its agents after the completion or cancellation of the contract.
The Sales Partner agrees not to disclose any information gained about The
Company to any other Internet, Intranet, Extranet service or solutions provider
for a period of one year after the completion or cancellation of this agreement.
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6. Confidentiality by The Company
The Company acknowledges that it may obtain confidential information regarding
The Sale Partners' business which is either not available to the public or is
material in which The Sales Partner developed a proprietary interest
("Confidential Information").
The Company agrees to keep such information confidential and not disclose this
information without the express permission of any appointed officer of The Sales
Partner.
Any subcontractor, agent, or party utilized by The Company during the course of
this contract also agrees to keep such information confidential.
Upon completion or termination of this contract, The Company will return any and
all material obtained from The Sales Partner; no copies (digital, paper, or
otherwise) of confidential information shall be retained by The Company or its
agents after the completion or cancellation of the contract.
7. Non-compete
The Sales Partner agrees not to contract, be employed, or to otherwise perform
services paid or unpaid for any other Internet, Intranet, Extranet service or
solutions provider while this agreement in effect, unless the Company rejects
the project to service the client of The Sales Partner.
Such employment, contractual work, starting their own business, etc. does not
waiver the right to confidentiality as specified in sections 5 and 6
Confidentiality.
8. Representation
The Sales Partner, while not an employee of The Company, agrees to follow the
directions of the company in terms of how The Sales Partner represents The
Company.
Such direction may include, but is not limited to, the usage of slogans,
trademarks, or other marketing material.
9. Elective Right
The Company reserves the right to not accept a given project or client brought
to us by The Sales Partner.
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10. Effective Contract
This agreement becomes effective only when signed by Dynamic Net, Inc.
11. Governing Law
Regardless of the place of the signing of this agreement, the client agrees that
for purposes of Venue, this contract was entered into the state of New Jersey
and any disputer will be arbitrated in that State.
12. Sole Agreement
This agreement contained in "Sales Partner Agreement" constitutes the sole
agreement between Dynamic Net, Inc. and the client.
The undersigned agrees to the terms of this agreement on behalf of his or her
organization or business.
On behalf of The Sales Partner:
Growth Net, Inc.
Robert Scher-President
/s/ Robert Scher
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Date: 5/18/00
On behalf of Dynamic Net, Inc.
Peter Perchansky, President
/s/ Peter Perchansky
--------------------
Date: 5/25/00
Dynamic Net, Inc.
109 East High Street
Womelsdorf, PA 19567
Telephone 610-589-2262
Fax 610-589-1082
Email [email protected]
URL: www.DynamicNet.net
