Obviously, sales representatives are going to be evaluated based on their ability to have leads turned into full-fledged customers. Although some people may like the idea of a face-to-face meeting and a formal handshake as an indication of a deal closed between customer and salesperson, many companies do it through the phone or online. You can use a Letter of Agreement to start negotiations, or you may want to use it instead of a more formal business contract. Either way, a Letter of Agreement sets out the terms of your working relationship. Your Agreement should include information like: the contact information of both parties; the state whose laws will govern the agreement; the subject and dates of any previous negotiations; the agreed-upon terms, including payment; when the agreement goes into effect; and when it will end. With a Letter of Agreement in place, you'll know what to expect—and what's expected of you. In addition, the CUSTOMER shall be responsible for any and all costs incurred by the PRODUCER in connection with any audit or investigation which results in the determination of a shortfall amount of five (5) percent of Subject Product used to produce the PRODUCT(s) Produced. No right or cause of action for any third party is created by this Agreement, or any transaction under it, nor is Company responsible for any third party claims against you except as described elsewhere in this Marketing Agreement or as permitted by this Liability section for bodily injury (including death) or damage to real or tangible personal property for which Company is legally liable to that third party. Circumstances may arise where, because of a default or other liability, one of us is entitled to recover damages from the other. The following terms apply as your exclusive remedy and our exclusive liability.