The agreement can only be amended by the explicit and written mutual agreement of the contracting parties, in which case any modification or waiver of a provision of this agreement is annexed to the agreement and attached to the agreement. Location: In particular, it will not enter into an agreement on behalf of the brand. The contracting parties expressly state that the agreement fully expresses their agreement with respect to its purpose and invalidates and replaces all previous agreements between them with respect to its property. The parties are independent experts. This agreement is by no means an employment contract, since the parties expressly oppose any employment relationship as an essential condition without which they would not have entered into this agreement. Discussions have taken place and the parties have decided to conclude this agreement, known as the “agreement,” including its recitals and annexes, which are included in this agreement and are indivisible. The contracting parties state that the agreement is in no way regarded as a “common interest mandate” (mandate of common interest), in accordance with the concept of French law: (ii) an agreement on trade agents, in particular within the meaning of Directive 86/653/EEC on the coordination of Member States` laws relating to independent trade agents; (iii) an agreement on “traveller, representative, placier” (trade agents) within the meaning of Article L. 7311-3 of the French labour code. In particular, the introductor represents the brand and guarantees that it does not exercise an exclusive and permanent substitute profession without carrying out a commercial operation for its own benefit, and that this will always be the case during the contract. If this situation changes during the course of the contract, the contract automatically ends and agrees to inform the brand immediately. The fact that a party retains the request for a provision of the agreement is not considered a waiver of the application. The potential customers mentioned in this contract do not already belong to the brand`s customers. They are normally established in a territory where the brand is not yet present.
If the introductor identifies potential customers in an area where the brand already operates, it must notify the brand and obtain its consent before any advertising. The brand entrusts the introductor who accepts the order to identify and present potential customers who may buy its products. The contract rightly ends when the importer is no longer self-employed. The trademark assures the introductor that it regularly owns all intellectual property rights related to the products and that it does not infringe any third-party rights in this regard. At the expiry or expiry of the contract, the brand may continue its commercial relationship with potential customers that the importer imports, without any remuneration or compensation from the importer. The introductor provides and guarantees the brand that it is a professional who has the skills, experience, connections and all the means necessary to properly perform the services described in the agreement.