- 5 -
He also maintained showrooms, see infra, where he solicited
sales.
During the years in issue, TAG did not require its sales
representatives to use particular sales techniques or to use
specific materials in making sales presentations or finding
customers. TAG did not give any sales training to Hathaway
during the years in issue, or at any previous time. TAG sales
representatives used their own creativity and experience to
create sales. TAG did not have the right to change the method by
which its sales representatives solicited sales. TAG did not
mandate the time during which its sales representatives were to
solicit sales or the portion of their assigned territories on
which they were to concentrate; sales representatives used their
own business judgment regarding the scheduling of their time.
TAG did not provide leads on prospective customers to its sales
representatives; sales representatives were not required to
pursue or report on leads. Most of Hathaway’s customer base was
generated through his efforts; there were very few TAG customers
in the Iowa-based territory when Hathaway took it over in 1969.
TAG had two sales meetings each year and encouraged, but did
not require, its sales representatives to attend those sales
meetings.
Sales Procedure Manual
TAG provided a sales procedure manual to its sales
representatives. The sales procedure manual details the way in
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Last modified: May 25, 2011