4 contact with customers and did not solicit sales of Safeguard products. By the end of 1987, petitioner was aware that a few distributors had given up their distributorships and that their customer bases had not been purchased. Petitioner was interested in becoming a distributor, and she communicated her interest to her supervisor. Petitioner was laid off from the branch sales manager position effective January 31, 1988. As of February 1, 1988, she began acting as a Safeguard distributor with respect to three existing customer lists in the Dallas area. Petitioner acquired the rights associated with two of these customer lists effective February 1, 1988. Petitioner did not immediately acquire the rights to the third customer list but instead she solicited sales under a temporary "babysitting" agreement. Petitioner was to receive standard commission payments less amounts payable as "territory payback". A territory payback (also referred to as territory repayments) represents amounts due to the former distributor for the right to receive commissions on sales to customers on the former distributor's list. Petitioner acquired the right to the commissions related to the third list effective December 1, 1988. The Regional Distributor Agreement (the agreement) between Safeguard and petitioner bears an effective date of February 1, 1988, but the terms were not finalized and the agreement was not signed until December 1988. Petitioner had the right to solicitPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011