Foreign Sales Representatives and Distributors http:www'cohenlaw'com

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Foreign Sales Representatives and Distributors
http//www.cohenlaw.com/

• by Bruce H. Chiu, Esq.
• Cohen Grigsby, P.C.

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Sales Representatives versus Distributors
Sales representatives - commission basis
Distributors - title to goods
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Commissions
Should not accrue until U.S. company receives
full and final payment
Sales representatives should share risk
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Scope and Duration of Agreement
Warning may be wed for life
Difficult to terminate or change relationship
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Registration of Agreement
No registration, no enforceability
Additional obstacle to termination
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Trademark Protection
Trademark piracy and hijacking are common
First-to-file trademark registrations systems
Register your trademarks abroad
Register before engaging in trade
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Employment Laws
Avoid language seeking to control day-to-day
operations of foreign sales representatives or
distributors
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http//www.cohenlaw.com/
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http//www.cohenlaw.com/ibg/
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cohengrigsby
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Export Control
Classify your product or service
Know your customer - Red Flags
End-User or Middle Person?
Destination Country
Ultimate End Use
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Terms and Conditions of Sale
Payment Terms
Transportation, Insurance and Risk of Loss
Force Majeure