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Likewise, even if TAG enforced the requirements that sales
representatives not accept unauthorized cancellations or agree to
returns, those requirements would not represent control by TAG
with respect to the manner or means by which its sales
representatives solicited sales. In those respects the sales
procedure manual's statements on cancellations and returns are
parallel to the sales manual's instructions for the placing of
orders with TAG.
We reject respondent's contention that Hathaway was under
the supervision of TAG's national sales manager. The national
sales manager's role was not so much to supervise sales
representatives as it was to be a status representative for TAG
when dealing with the upper-level management of major companies
or when a sales representative had a problem with a customer.
TAG's national sales manager facilitated sales, he did not
supervise or direct the sales activities of TAG's sales
representatives.
We also reject respondent's contention that TAG's assignment
of exclusive sales territories to its sales representatives
represents control by TAG. At least part of the reason that the
sales territories were exclusive was to protect each sales
representatives' earning capacity, and thus support the profits
of TAG.
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