经销商英文简历

2024-05-09

经销商英文简历(精选6篇)

篇1:经销商英文简历

An Agreement made this…..day of …..20… between …..whose registered office is situated at…..(hereinafter called “the Principal”)of the one part and …….(herein after called “the Agent”)of the other part.Whereby it is agreed as follows:

1.The Principal appoints the Agent as and from the….to be its Sole Agent in……(hereinafter called “the area”)for the sale of …..manufactured by the Principal and such other goods and merchandise(all of which are hereinafter referred to as “the goods”)as may hereafter by mutually agreed between them.2.The Agent will during the term of……..years(and thereafter until determined by either party giving three months’ previous notice in writing)diligently and faithfully serve the Principal as its Agent and will endeavour to extend the sale of the goods of the principal within the area and will not do anything that may prevent such sale or interfere with the development of the principal’s trade in the area.3.The Principal will from time to time furnish the Agent with a statement of the minimum prices at which the goods are respectively to be sold and the Agent shall not sell below such minimum price but shall endeavour in each case to obtain the best price obtainable.4.The Agent shall not sell any of the goods to any person, company, or firm residing outside the area, nor shall he knowingly sell any of the goods to any person, company, or firm residing within the area with a view to their exportation to any other country of area without consent in writing of the Principal.5.The Agent shall not during the continuance of the Agency constituted sell goods of a similar class or such as would or might compete or interfere with the sale of the Principal’s goods either on his own account or on behalf of any other person.6.Upon receipt by the Agent of any order for the goods the agent will immediately transmit such order to Principal who(if such order is accepted by the Principal)will execute the same by supplying the goods direct to the customer.7.Upon the execution of any such order the Principal shall forward to the Agent a duplicate copy of the invoice sent with the goods to the customer and in like manner shall from time to time inform the Agent when payment is made by the customer to the Principal.8.The Agent shall duly keep an account of all orders obtained by him and shall every three months send in a copy of such account to the Principal.9.The Principal shall allow the Agent the following commissions(based on FOB

RMB values)……in respect of all orders obtained direct by the Agent in the area which have been accepted and executed by the Principal.The said commission shall be payable every three months on the amounts actually received by the Principal from the customers.10.The Agent shall be entitled to commission on the terms and conditions mentioned in the last preceding clause on all export orders for the goods received by the Principal through Export Merchants, Indent Houses, Branch Buying offices of customers, and Head Offices of customers situate in the United Kingdom of Great Britain and Northern Ireland and the Irish Free State for export into the area.Export orders in this clause mentioned shall not include orders for the goods received by the Principal from and sold delivered to customers’ principal place of business outside the area although such goods may subsequently be exported by such customers into the area, excepting where there is conclusive evidence that such orders which may actually be transmitted via the Head Office in England are resultant from work done by the Agent with the customers.11.Should any dispute arise as to the amount of commission payable by the Principal to the Agent the same shall be settled by the Auditors for the time being of the Principal whose certificate shall be final and binding on both the Principal and the Agent.12.The Agent shall not in any way pledge the credit of the Principal.13.The Agent shall not give any warranty in respect of the goods without the authority in writing of the Principal.14.The Agent shall not without the authority of the Principal collect any moneys from customers.15.The Agent shall not give credit to or deal with any person, company, or firm which the Principal shall from time to time direct him not to give credit to or deal with.16.The Principal shall have the right to refuse to execute or accept any order obtained by the Agent or any part thereof and the Agent shall not be entitled to any commission in respect of any such refused order or part thereof so refused.17.All questions of difference whatsoever which may at any time whether as to construction or otherwise shall be referred to arbitration in England in accordance with the provision of the Arbitration Act 1975 or any re-enactment or statutory modification thereof for the time being in force.18.This Agreement shall in all respects be interpreted in accordance with the Law of China.As Witness the hands of the Parties hereto the day and year first hereinbefore written.(Signatures)

本契约系于20__年____月____日由当事人一方____________________其己登记的办公地址在_____________________(以下简称本人)与他方当事人________________________(以下简称代理商)所签证。兹约定事项如下:

1.本人兹任命代理商自__________________起为__________________(以下简称代理地区)的独家代理以推销本人所制造的__________________以及以后双方互相同意的其他货物及商品(以下简称商品)。

2.代理商在其_____年任期年(以及其后由当事人一方在3个月以前书面通知他方所决定期间内)将竭诚为本人服务并努力在代理地区内推销本人的商品,并将不作任何有碍此一推销行为或干扰本人在代理地区内所作的贸易推广。

3.本人将经常向代理商提供每种商品最低售价表,代理商不得以低于表定价格出售,并应设法在每一场合争取最好的价格。

4.代理商未经本人书面同意,不得将商品的任何部份售与代理地区以外的任何个人、公司或行号,亦不得故意将商品售给代理地区内的个人、公司或行号以便再行输往其他国或地区。

5.代理商在本代理契约有效期间内,不得以自已名义或代表任何其他个人、公司或行号销售与本人商品类似的商品,因而干扰本人商品的销售或与之竞争。

6.代理商接到商品订单后,应立即将订单寄交本人,本人如果接受,则将商品直接运交顾客。

7.本人履行每一订单后,即将开往顾客的发票副本寄交代理商,并当顾客向本人付款时,以同样方式随时通知代理商。

8.代理商所获的一切订单均应记账并每隔3个月向本人寄送一份账单。

9.代理商在代理地区所直接获得的一切订单经本人接受并履行后,由本人给令代理商佣金_____________(按FOB中国计算)。佣金每3个月付一次,按本人收自顾客实际金额计算。

10.本人经由出口商、购货代理商、顾客的采购办事处,以及顾客在英国、北爱尔兰与爱尔兰自由邦的总公司,输往代理地区的一切出口订单,代理商均得依照上条所述条件请求支付佣金。惟顾客在代理地区以外的营业处所寄往本人的商品订单纵然此等商品尔后再由顾客从该营业所运往代理区,亦不包括在本条所称的出口订单以内。但如有确切证明,此等实际上可以经由英国总公司的订单,系由于代理商向顾客争取所致者,不在此限。

11.如因本人付给代理商的佣金数目发生争执时,将以本人的稽核员所决定的数目为准,稽核员的证明对本人及代理商均有最后拘束力。

12.代理商不得对本人的信用能力作任何保证。

13.代理商未获本人的书面授权,不得对商品作任何保证。

14.代理商未获本人授权不得向顾客收取任何金钱。

15.曾经本人指示代理商不得对某些个人、公司或行号授予信用或与之交易者,代理商不得对此客户授予信用或与之交易。

16.本人有权拒绝履行或接受代理商所获得的订单或订单的一部份,而代理商对

被拒之订单或其中的一部份无任何请用金请求权。

17.当事人间,或其各别代表人间,今后有关本契约所指的事项或有关解释等所引起的一切异议,均应在英国依照1975年仲裁条例或任何新制或法定修正本,以仲裁解决。

18.一切有关本契约的解释,以中国法律为准。兹证明本契约系双方当事人于前述的年月日签订。

(签字)

篇2:经销商英文简历

有限责任公司,股份有限公司,外商投资公司 王辉

2009-08-17 分类 作者

发文日期

正文内容:

DISTRIBUTION AGREEMENT

经 销 协 议

THIS DISTRIBUTION AGREEMENT(the “Agreement”)is made on this day of 200, between ABC INC., a Florida Corporation(the

“Company”)located at ×××, Florida 32114 and(the “Distributor”)located at, Beijing.本经销协议(以下简称“协议”),系由ABC公司,位于佛罗里达州某地的公司(以下简称本公司)与(以下简称“经销商”)位于北京某地的公司于200年 月日签订。

合同名称、合同当事双方及签约日期,为下文引用方便,直接在各方的全称后括弧内标注其简称,说明其在合同中的地位。

WITNESSETH

兹证明(可忽略不翻译)

WHEREAS, the Company is the exclusive worldwide distributor of cosmetic and skin?care products(collectively the “BBB Product” or “Products”)manufactured by BBB INTERNATIONAL, INC.a Florida Corporation;and

鉴于本公司是BBB化妆品的全球独家的经销商,所代理的护肤品均由佛罗里达BBB国际公司制造(以下称 “BBB产品”或“产品”)。

WHEREAS, the Company desires to increase the public?s consumption of the BBB Products specified herein within the geographic area described in Exhibit A(the “Territory”);and

鉴于本公司希望经销商在附件1所规定的地理区域内(以下简称“本区域”)提高公众对本合同项下BBB产品的消费额度。

WHEREAS, the Distributor desires to secure the right to market the aforementioned Products in the Territory and such additional territories as may be agreed upon in writing between the Company and Distributor.鉴于经销商希望能得到授权在该区域及与本公司以书面方式协商一致的另外区域对上述产品进行销售。(鉴于条款,说明当事人签约的原由属一般性条款)

NOW, THEREFORE, in consideration of the premises and the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

由此,考虑到双方以上共识和本协议达成的相互承诺及其他对价,双方在此充分接受达成一致,协议如下:

介绍合同背景情况,按英美法传统说明当事人基于对价(valuable consideration)达成合意,约定如下,引出正文条款。

ARTICLE Ⅰ

第一条

APPOINTMENT TO SELL AND DISTRIBUTE

委任销售与分销

Section 1.1 APPOINTMENTS.The Company agrees to sell and the Distributor agrees to buy Products on the terms and conditions contained in this Agreement.The Distributor agrees to sell, distribute and promote the sale of Products throughout the Territory on the terms and conditions contained in this agreement.第一条第一款委任。按本协议条款规定本公司同意售卖,经销商同意购买该产品。经销商同意根据本协议项下条款在本区域出售、分销、促销本产品。

Section 1.2 TERRITORY.Except as provided in Section 11.4 hereunder, the Company agrees not to deliver the Products to any person other than Distributor within the portion of the Territory, provided, however, that the Company shall have the right to ocean?going vessels and to ship Products through or deliver Products within the Exclusive Territory if it knows or reasonably believes that substantially all of such Products are to

be reshipped for eventual delivery outside the Territory.Without the prior written consent of the Company, which in the Company?s sole and absolute discretion may be withheld, Distributor hereby covenants and agrees that it shall not:(i)sell, ship or deliver the Products to or in any place or geographic area located outside the Territory;or(ii)sell Products to any purchaser if Distributor knows or has reason to believe that more than 20% of such Products will eventually be sold through retail outlets located outside the Territory.In the event that sales of Products are made by a distributor in another area and a substantial portion of such Products are shipped by customers of such Distributor into the Territory, or in the event sales of Products are made within the Territory by Distributor and a substantial portion of such Products are shipped by customers into an area outside the Territory in which another distributor has sales rights,(whether or not such shipments take place as the result of a breach hereof), then the Company shall have the right in its discretion(in addition to any other rights and remedies)to make an equitable apportionment of the adjusted gross profits from such sales between the Distributor and any other distributors of the Products purchasing directly from the Company involved in such dispute.Any such apportionment in adjusted gross profits may be determined by the Company acting in its sole discretion exercised in good faith, taking into account such factors as sales effort and expenses in securing the customer?s business, the level of advertising and promotion by the distributor into whose territory the Products are shipped, and the likelihood that the cross?shipments have reduced sales which otherwise would have been made in the territory into which the goods have been shipped.Adjusted gross profits, as used herein, shall mean sales prices, less(I)cost of goods sold,(ii)direct freight, and(iii)direct selling cost.第一条第二款区域划分。除本协议第 11.4规定外, 本公司对经销商所签订的区域实行区域内销售保护,不能在区域内将产品提供给其他人, 但如果本公司知道或者有理由确信,实际上这些产品将最终转运到保护区域外地区,则有权在本保护区域运送本产品。未经本公司的书面同意,本公司有权随时收回该同意,经销商承诺保证同意不得有如下行为:(1)不在/到任何非经销商区域内进行销售、装运、交付本产品;(2)经销商知道或应当知道,20%以上的本产品将最终通过区域外的零售店销售出去,则不得出售给该买方。如果,另一个区域的经销商窜货到本区域或该经销商客户大部分货物窜货到本区域以及本区域内经销商窜货或其客户窜货到别的区域,(无论装运是否构成违约的后果),本公司有权(除了任何其他权利和救济),在直接从本公司购买产品的涉及纠纷的经销商之间调整毛利作出公平分配以避免矛盾。本公司将根据诚实信用的原则独自裁量,考虑经销商的销售业绩、业务花费、广告促销水准以及因为窜货而引起的销售额减少程度等因素来调整这一合理的区域利润分配。调整毛利润意味着调整销售价格,减少(1)销售成本,(2)直接运费,(3)直接销售费用。

委任销售、经销所在区域和许可权等内容是该类协议的特殊条款。

CORPORATE ACCOUNTS

BBB公司账户:

BBB has no interest in supplying accounts in Distributor?s respective territory and will strongly discourage accounts from electing to be supplied directly thru BBB corporate.However, in some rare instances, an existing or new account may elect to be supplied directly by BBB corporate, i.e., an international hotel chain or spa chain.In these rare instances, Distributor would be immediately notified by corporate of any such activity in their respective territory.In this case, Distributor would then be awarded a 20% commission on all sales generated from BBB retail and professional products on placed orders from said BBB corporate account.In exchange for this commission, Distributor would be required to train, educate and support said account.However, BBB corporate would be solely responsible for advertising and co?op advertising incentives, Spa menu design package and event sampling opportunities, etc.BBB公司不会给经销商在各自经销区域提供账户,并强烈反对直接提供通过BBB公司选用账户。然而,在一些特殊情况下,BBB公司也可直接提供账户,如国际宾馆或者水疗连锁。在这些特殊情况下,公司会立刻告知各自区域的经销商该活动。在这种情况下,经销商会获得来自从BBB公司在该账户所产生的BBB零售和专业产品销售额20%的提成。作为提成的交换,经销商需要培训、训练和支持该账户。但BBB公司会独自负责进行广告运作和合作广告激励、Spa项目设计包装和事件抽样机会等。

In the event Distributor elects to refrain from training, educating and supporting said corporate account, Distributor would be awarded a monthly commission of 5% on all sales generated from BBB retail and professional products on placed orders.如果经销商不愿意对该账户进行培训、训练以及支持的话,那么经销商可以每月从总的销售BBB产品的成交订单销售额中得到5%的提成。

这一段说明会计账户。

Section 1.3 OCEAN?GOING VESSELS.Distributor shall not sell Products to ocean?going vessels unless approved in writing from the Company.第一条第三款海运出口。经销商未经本公司书面许可的不得将产品出口。

Section 1.4 Conflicts of Interest.Distributor hereby covenants and agrees that during the initial term and any renewal term hereof neither Distributor nor any Related Person(as hereinafter defined)shall, either directly or indirectly, distribute or sell within the Territory any products

or goods not manufactured or sold by the Company which are or may be in competition with the Products, including(without limitation)skin care products.(The term “Related Person” shall mean:(i)any person who directly or indirectly owns any beneficial interest in or in any manner controls any of the stock of Distributor;(ii)any member of Distributor?s or any such stockholder?s immediate family;and(iii)any person, partnership, corporation or other entity which any of the foregoing individually or collectively control or in which any of the foregoing have any direct or indirect ownership or financial interest.)

第一条第四款利益冲突。经销商特立约同意在初始期间和其后任何续约期间,经销商和任何关联人员(下文中定义的)不得直接或间接在区域内分销或者销售任何不是本公司制造或者销售的或可能产生竞争的产品,包括(但不限于)护肤品。[术语“关联人员”指:(1)任何直接或者间接享有经销商权益或以任何方式拥有经销商股份的人;(2)经销商股东或者任何经销商股东的直系亲属;(3)任何上述独自或共同控制或直接间接拥有所有权或者财产利益的自然人、合伙、公司或者其他实体。]

利益冲突,也就是竞业禁止的约定。

Section 1.5 REMEDIES.Distributor specifically acknowledges that any breach of any of its covenants contained in this Section Ⅰ may cause irreparable harm to the Company and that damages are not an adequate remedy.Distributor therefore agrees that the Company shall be entitled to injunctive or equitable relief to enforce such covenants.(The foregoing shall not be construed to limit in any way the Company?s right to enforce such covenants in any manner or the Company?s rights to injunctive or equitable relief with respect to any other terms of this Agreement.)

第一条第五款救济。经销商明确承认任何违背本条规定的契约的行为可能给本公司带来不可弥补的损害且损害赔偿金不足以救济。因此,经销商同意本公司有权申请禁止令或衡平救济来强制履行该契约。(以上所述并不得解释为以任何方式限制本公司就本协议其他条款用任何手段来强制履行该契约或申请禁止令或衡平救济的权利。)

违约救济的约定,注意普通法救济、衡平法救济的双重救济模式。

Section 1.6 INVALIDITY OF COVENANTS.In the event that any covenant of Distributor set forth in this Section Ⅰ is determined by a court of competent jurisdiction to be unenforceable for any reason, the Distributor hereby agrees to be bound by such lesser restrictions as such court determines are enforceable.第一条第六款契约无效。如本协议第一条规定的任何约定由有管辖权的法院因某种原因裁定无法执行,则经销商在此同意按该法院裁定可执行的较小限制而受约束。

这是契约效力的一般性约定。

Section 1.7 BOND.In any action or proceeding by Company to obtain a temporary restraining order and/or preliminary injunction to enforce these covenant(s), Distributor hereby agrees to waive the necessity of the posting of any injunction bond by Company in order to obtain the temporary restraining order and/or preliminary injunction.In the event that Company?s request for a temporary restraining order and/or motion for preliminary injunction is granted in whole or in part but Company is ultimately unsuccessful in obtaining a permanent injunction to enforce any of these covenant(s), Distributor hereby waives any and all rights it

may have against Company for any injuries or damages, including consequential damages, sustained by Distributor and arising directly or indirectly from the issuance of the temporary restraining order and/or preliminary injunction.第一条第七款担保金。在公司为获得临时限制令和/或初步禁止令以强制执行这些契约的任何诉讼或法律程序中,经销商兹此同意放弃要求公司提供禁令担保金以获得临时限制令和/或初步禁止令。倘若公司临时限制令的要求和/或初步禁止令的动议完全或部分获准,但最终公司未能获得永久禁止令来强制执行这些契约,经销商兹此放弃因发布临时限制令和/或初步禁止令直接或间接导致其遭受的任何损害或损失,包括继发的损害赔偿,而对公司可能拥有的任一和全部权利。

这一段约定经销商保证对临时限制令和/或初步禁止令造成损害赔偿的权利放弃。

ARTICLE Ⅱ

第二条

TERM

协议期间

Section 2.1 DURATION OF AGREEMENT.Unless this Agreement is earlier terminated as provided herein, this Agreement shall be for an initial term beginning on the date hereof and ending, 200.This Agreement shall be renewed for successive one?year terms thereafter unless either party gives written notice of non?renewal at least 30 days prior to the end of the initial term or any renewal then in effect.第二条第一款协议期间。除非根据本协议项下规定本协议提前终止,本协议初始期间将从签订日期开始生效至,200年终止。如任一方未以书面方式在初始期间届满前至少30天通知不再续约,则本协议续展至其后的下一年期间,该续展即时生效。

协议期间的约定包括续约的条件。

ARTICLE Ⅲ

第三条

PRODUCTS AND PRICES

产品和价格

Section 3.1 PRODUCTS.The term “Products” shall include only those products of the Company listed in Exhibit “B”.The Company may, upon fifteen(15)days written notice to the Distributor, cease selling any or all of the Products to Distributor without any liability to Company, provided that the Company does not sell any of such Products to another person or legal entity within the Territory during the term hereof, and that the discontinuance is undertaken in good faith for bona fide business reasons.The Company may add Products to Exhibit “B” from time to time upon such terms and conditions as it deems appropriate.第三条第一款产品。本协议中用语“产品”只包括本公司在附件2 中所列出的产品。本公司可以提前15天书面通知经销商,停止销售任一或者全部产品而不承担任何责任,但本公司不得在本协议期间销售任何该产品给本区域中的其他自然人或者法律实体且该中断是按诚实信用原则基于善意的商业理由。本公司可以在适当时机,根据该条款随时增加产品到附件2。

Section 3.2 PRICES.Company shall strive to maintain reasonable price levels of Products, which shall be determined and established at its sole discretion, taking into consideration such factors as competition and market conditions in Territory as well as the nature and extent of the sales promotion support that Distributor and Company shall each provide.Company shall notify Distributor of any changes in price thirty(30)days in advance of any price changes.第三条第二款价格。本公司应考虑诸如本区域竞争因素、市场情况以及经销商和本公司所提供的促销支援的性质和程度,独自裁量确定价格并且努力维持该产品的合理价格水准。遇有价格变化,本公司应提前30天告知经销商。

Section 3.3 MARKETING AND ADVERTISING MATERIAL.Distributor shall abide by all corporate policies and procedures directly relating to trademarks, product/packaging color guidelines, and image, marketing and advertising materials as defined by the latest revision of Corporate Policies & Procedures Booklet.第三条第三款市场行销和广告宣传材料。经销商应遵守所有最新版的公司制度规程手册中所定义的与商标、产品包装颜色说明、图像、行销广告品有关的公司制度和规程。

Distributor shall pay Company for all marketing and advertising material which the Distributor desires subsequent to the marketing and advertising material furnished Distributor with its initial order.Company will sell marketing and advertising material to distributor at Company?s cost.Distributor shall also pay all shipping charges and a reasonable handling charge for the marketing and advertising material.All translations and printed material in foreign languages are at the sole expense of the Distributor.All “brand?related” design, set?up time and artwork submitted to Company?s graphic department shall be reasonably requested and provided free of charge as follows: proofs provided in PDF format, final artwork provided on CD final art format.Should distributor or distributor?s media sources require final films/matchprints said material will be provided to distributor at Company “Cost” only after distributor approves/signs Job Quote and return to Marketing Department.经销商应支付供给经销商最初订单产品所有市场行销和广告材料的费用以为随后所需,公司将以成本价供给经销商。经销商也应支付该材料所有的运费和合理的装卸费用。所有资料的翻译以及翻译后的印刷的费用由经销商独自承担。

所有提交到本公司策划部与“商标相关的”设计、安装时间、图案,可在以下情形下合理要求免费提供。经销商在以下合理的情况下可以申请免费提供和使用:以PDF文件格式提供的文样,以CD格式提供的最终图案。倘若经销商或者经销商委托的媒体需要原版胶片的,当经销商同意/签收报价并返还给本公司销售部以后,则按照本公司成本价格提供。

Section 3.4 ORDERS.Company shall fill and ship each order of the Distributor within sixty(60)days of receipt of such order, but shall not be liable in any respect for failure to ship or for delays in shipment where such failure or delay shall have been due wholly or in part to fire, strike, differences with workmen, failure to secure materials or energy sources from usual supply outlets, any governmental regulations, orders or controls, or to any cause beyond its control.Any portion of an order remaining unshipped after such sixty(60)days may be cancelled by Distributor upon written notice to Company.第三条第四款订单。本公司应在收到订单后的六十(60)天内海运发货,但是本公司对全部或部分因火灾、罢工、劳工争议、未能从通常的供应管道获得原料或能源、政府法令或管制或任何无法控制的原因导致不能装运或延迟装运概不负责。订单上的任何部分在发出订单六十(60)天之后还不能发货的,经销商可以书面通知本公司予以取消。

Section 3.5 SHIPMENT.Company agrees to ship the Product to Distributor or to any individual or entity that Distributor so directs EXWorks.The cost of such shipment and any charges for demurrage, storage, or otherwise after the arrival of the Product at its destination shall be borne by Distributor.If diversions of shipments are made upon the Distributor?s request, or are made by Company as a result of the Distributor?s failure or refusal for any reason to accept shipments made pursuant to the Distributor?s orders, the Distributor shall pay the additional charges and expenses incident to such diversions, but in no event shall the Distributor pay Company an amount in excess of the charges or expenses incident to returning such shipments to their original shipping points.第三条第五款运输。本公司同意将产品装船运送给经销商或经销商按工厂交货方式指定的任何个人或实体。运输费以及任何由此而发生的延滞费、仓储费或者其他的产品抵达目的地后需要支付的其他费用由经销商承担。如果经销商要求变更卸货地, 或者是经销商的基于某种原因不收或拒收订单货物,则经销商应支付由此而发生的附

加费用和因变更产生的费用,但是经销商概不承担超过运输费用或者返程费用以外的部分。公司有义务协助经销商选择安全快速节约的运输方式。

产品、价格、行销、广告、订单及装运的约定。

ARTICLE Ⅳ

第四条

PERFORMANCE

协议履行

Section 4.1 BEST EFFORTS.Distributor shall use its best efforts to promote and sell the Products throughout the Territory.Such promotion shall include Distributor?s attendance at those trade shows listed on Exhibit “C” attached hereto.Distributor is required to advertise Company?s products in local trade publications and regional consumer publications a minimum of six times per year commencing no later than six months after official Product Launch date.第四条第一款竭尽全力。经销商应该竭尽全力在本区域促销销售该产品。该促销应包括经销商参加本协议附件三所列明的那些展会。经销商必须在该产品正式投放日6个月内以不低于每年6次的频率在与当地的商业出版物和地方消费者出版物发布本公司的产品广告。

Company shall provide use of Company?s International Educator one time per year, provided Distributor is in full compliance with all terms and conditions of this contract.Company shall provide trainer and pay for airline travel.Company shall pay for three(3)training days at the rate of USD 225.00 per day.Distributor shall pay for any additional training days at the rate of USD 225.00 per day, payable in advance upon confirmed travel itinerary, prior to scheduled training.Distributor shall

pay for trainer?s room and board at a minimum “3-Star” hotel as defined in the current Michelin hotel rating manual, and safe transport to and from the airport and daily training site.如经销商完全遵守合同条款,本公司应每年委派一次公司的全球性讲师来培训。公司将提供导师并支付交通费用,并以每天225.00美元支付3天的培训费用。经销商需要支付每天225.00美元以外的其他费用。经销商必须在预定培训前,确定旅程路线后提前支付。经销商应承担讲师的食宿费,至少是Michelin 酒店星级手册定义的三星级以上酒店,以及酒店和机场间以及酒店和培训地间日常安全接送。

Section 4.2 INSPECTION AND REPORTING.Distributor shall permit Company and its representatives at any reasonable time to inspect Distributor?s inventory of Products, and to inspect, audit and make copies of and extracts from all books, records, accounting information and all other papers in the possession of Distributor which relate in any way to this Distribution Agreement.Within ten(10)days after the end of each calendar month, Distributor shall furnish Company with written reports certified as true and correct by Distributor and by Distributor?s president individually in such form as Company may specify(or in the absence of such specification in any reasonable form)containing the following information with respect to the preceding month:

第四条第二款检查和报告。经销商应允许本公司及其代表在任何合理的时间检查经销商销售该产品的明细目录并检查、审计和复制或节录各种账簿、记录、核算资料,以及其他一切与以任何方式与本经销协议经销商所占有的其他文件。在每个日历月结束后10天内,经销商都要向本公司提供由经销商及其董事长个人证实真实正确的书面报告,该报告应按本公司要求的格式(如果没有以合理的格式提供说明),应包括有关上个月的以下几个方面情况的内容:

(a)beginning and ending inventory of products on hand, itemized by Product line and item;

(b)sale of products during the month and for the year to date;

(c)month?end balance of cash on hand;

(d)month?end report of accounts receivable to include an aged schedule of accounts receivable, specifically identifying any account receivable which may be of doubtful collectability;

(e)a complete monthly listing of each and every sales representative of Distributor, clearly indicating the Territory, or part thereof, for which that representative is responsible and reporting the volume of sales attributable to that representative for the preceding month;and

(f)such other information concerning Distributor or pertinent to this Distribution Agreement as Company may at any time reasonably request.(1)按产品系列和品种列出该月的产品存货数量及产品目录;

(2)本月产品销售额及本年度到当月为止销售额;

(3)月底的现金结存表;

(4)月底应收账款财务报表还包括过期应收账款一览表,特别地确定有疑问的应收账款;

(5)经销商该整月的每个销售代表名单,明确各销售代表负责的区域或区域的部分,报告其在所述区域内上月的销售额;和

(6)本公司可以在随时合理要求的其他与经销商或本经销协议相关的其他资讯。

Section 4.3 FINANCIAL STATEMENTS.Within fifteen(15)days after the end of each calendar quarter, Distributor shall submit to Company an unaudited balance sheet and statement of income and retained earnings of Distributor, certified as true and correct by Distributor and by Distributor?s president.Within ninety(90)days after the close of Distributor?s fiscal year, Distributor shall also submit to Company an audited balance sheet and statement of income and retained earnings of Distributor together with the usual and customary notes and schedules related thereto, which financial statements shall be true, correct and complete and shall be accompanied by a report of an independent certified public accounting firm, selected by Distributor but subject to the approval of the Company, to the effect that such firm has examined such financial statements in accordance with generally accepted auditing standards and that, in its

opinion,such financial statements present fairly the financial position of Distributor as of the end of such fiscal year and the results of Distributor?s operations for such fiscal year, in conformity with generally accepted accounting principles applied on a consistent basis.第四条第三款财务报表。每季度结束后15天内,经销商应向本公司提交经经销商公司及董事长确认的真实准确的未审计前的资产负债表、收益说明、留存利润。在经销商会计年度结束后90日内,经销商也应向本公司提交经经销商公司及董事长确认的真实准确的审计后的资产负债表、收益说明、留存利润说明以及平时所用票据和相关的一览表, 并应随附独立注册会计师事务所的报告,该会计师事务所由经销商自己选择但是要经过本公司的批准,以便该事务所按一般公认的审计标准审查该财务报表并根据其意见,该财务报表能够公正说明经销商在该年度结束时的财务状况及该年度经销商的经营业绩,符合一贯适用的一般公认的会计原则。

Section 4.4 INSURANCE.The Distributor shall have and maintain at all times, at Distributor?s sole expense, an insurance policy or policies insuring Distributor and the Company against any loss, liability or expense whatsoever as a result of personal injury, death, property damage, and with respect to its inventory of Products, insurance against risk of fire, so called extended coverage, sprinkler leakage, if applicable, and insurance against other risks customarily insured against by companies engaged in business similar to that of Distributor, in such amounts, containing such terms, in such form, for such period, and written by such companies as shall be satisfactory to the Company such insurance to be payable to the Company and to the Distributor as their interest may appear.All policies of insurance shall provide for not less than fifteen(15)days written minimum cancellation notice to the Company and shall list Company as an additional Named Insured.The Distributor shall furnish to the Company certificates or other evidence satisfactory to the Company of compliance with the foregoing insurance provisions within fifteen(15)days from date of request.第四条第四款保险。经销商应自费投保,保单要确保经销商和公司避免遭受无论是由人身伤害、死亡、财产损害、有关产品存货、火灾、通常所说的增加保险范围、喷洒(如果适用),还是与经销商类似商业的公司都有可能遭受到的风险、损失、责任。经销商应该以此类的形式,此类投保额度,包括此类条款由此类公司书就满足本公司要求的保单。该保险在保险利益出现时可付给本公司和经销商。所有的保单应在投保前15天内将书面最低限度删减通知公司,保单应该将公司名称列为附加的被保险人。经销商应在本公司要求后15天内提供本公司上述保险的保险证明书或者满足本公司要求的其他凭证。

Section 4.5 CARE OF INVENTORY.Distributor shall maintain its inventory of Products in first class order and shall follow strictly all reasonable instructions from the Company regarding handling and storage of the Products which includes a policy of first in,firs tout on all sales.Distributor shall not alter in any manner whatsoever the bottles, labels or contents of any of the Products nor shall the Distributor sell or repackage any Products which are damaged without the Company?s prior written consent which may, in the Company?s sole and absolute discretion, be withheld.第四条第五款库存管理。经销商应保持库存秩序良好,严格遵守本公司关于产品装卸、储存的合理指示,包括所有销售的“先进先出”原则。经销商不得以任何方式更改产品瓶型、标签或者内容物,也不得未经公司事先书面同意销售或者重新包装任何残损品。

Section 4.6 PROTECTION OF PRODUCTS.Distributor shall not alter in any manner or form any of the Company?s materials, brochures or Products.第四条第六款产品保护。经销商不得以任何方式或形式更改公司的产品、手册、宣传品。

合同履行的相关约定包括尽责、验收与报告、年度财务报表、保险、库存及产品保护几方面。

ARTICLE Ⅴ

第五条

TERMS OF PAYMENT

支付条款

Section 5.1 TERMS OF PAYMENT BY DISTRIBUTOR.The terms of payment for the Products shall be as stated in Exhibit “D” attached hereto.Unless otherwise agreed in writing, all monies past due shall bear interest at eighteen(18)percent per annum simple interest(except that, during any period in which the balance outstanding exceeds $500,000, such interest rate shall be limited to a maximum of twenty?five(25)percent per annum simple interest calculated for such period, rather than eighteen(18)percent).Notwithstanding the foregoing, the interest rate charged shall in no event exceed the maximum rate permitted by applicable law.It is not the intent of the Company to collect or receive interest in excess of the maximum rate allowable by law, and any interest so paid shall be deemed to be a principal payment and shall be so credited and applied to the indebtedness hereunder.第五条第一款经销商支付条款。产品的支付条款应该在附录4中说明。除非另外签订书面协议,所有到期的未付款应支付年18%单利(除此之外,在

每一个付款期间如果现金超过500,000美元,此利率最高以年25%单利为限

进行计算而不是18%)。纵然如此,利率一概不得超过适用法律允许的最大限额。本公司无意收取超过法律许可最高利率的利息,所付利息应视为本金付款记入贷方账户适用该账户下的负债。

Section 5.2 COSTS OF COLLECTION.If any amounts due from the Distributor to the Company or from the Company to the Distributor hereunder are collected by or through an attorney at law, the collecting party shall be entitled to recover all costs of collection including, but not limited to, court costs, reasonable attorneys? fees and paralegal fees,(including fees on appeals)if any.第五条第二款托收费用。如果任何到期应付款项不论是经销商应付给公司的还是公司应付给经销商的由律师托收,则托收方有权收取托收的全部费用,包括但不限于诉讼费用、合理律师费用和律师助理费用,如果有的话(包括上诉费用)。

支付条款含委托律师收款的费用。

ARTICLE Ⅵ

第六条

TRADEMARK

商标

Section 6.1 OWNERSHIP.The trademark “BBB” is registered with the United States Patent and Trademark Office.(Said trademark, together with any and all other trademarks, trade names, designs, signs, emblems, insignia, symbols, slogans and other marks the Company may now possess or may hereafter adopt, acquire or use in connection with the Products shall be collectively referred to herein as the “Trademarks.”)The Trademarks are the exclusive and valuable property of the Company or its affiliates.Nothing herein contained shall be construed as conferring upon the Distributor any right or interest in the Trademarks or their registration, and any use of the Trademarks by the Distributor shall be solely as a licensee of the company.Distributor expressly recognizes and agrees not to contest the Company or its affiliates, ownership of the Trademarks.第六条第一款商标所有权。“BBB”商标在美国商标专利局注册(此商标和任何别的商标、商业名称、设计图案、符号、徽章、标识、口号和其他公司拥有或后来采用、获得、使用与该产品有关的标志本协议统称为该商标)。该商标是本公司或其附属公司专有的有值财产。本协议所含内容不得解释为转让经销商任何该商标或注册的权益,经销商对该商标的任何使用均经获得本公司单独授权许可。经销商明确承认并同意不对本公司或其附属公司的商标所有权提出异议。

Section 6.2 USE OF TRADEMARKS.Distributor may use only such of the Trademarks as the Company may authorize and only in such manner as the Company may authorize, and the decisions of the Company on all matters concerning the Trademarks shall be final and conclusive, and not subject to question by the Distributor.The Distributor shall not take, nor shall he knowingly permit, any action which may in any way prejudice or harm the Trademarks, or the Company?s ownership thereof.The Distributor shall not use, nor shall it authorize any person, partnership, corporation or other entity to use, any of the Trademarks as part of a corporate, business or firm name.The Distributor shall not use the Trademarks in any way which might suggest that the Distributor is an agent, employee, partner or joint venturer of, or otherwise affiliated with, the Company and shall not use any of the Trademarks in any manner so as to suggest that the Distributor is the Company?s authorized distributor for any products of the Company other than the Products as herein defined.第六条第二款商标的使用。经销商使用商标、怎样使用商标以及须经本公司授权。本公司对有关该商标问题的决议为最终决定性的,经销商不得质疑。经销商不得提起或有意允许以任何方式损害或侵害该商标或本公司该商标所有权的诉讼。经销商不得使用或授权任何个人、合伙、公司或其他实体使用该商标或作为公司、企业或商号名称的一部分。经销商不得以任何方式使用该商标来暗示其为本公司的代理人、雇员、合伙人或合作人或其他与本公司的关联,也不得以任何方式使用该商标来暗示其取得了本协议定义外产品本公司的授权。

Section 6.3 OBLIGATIONS UPON TERMINATION.Upon termination of this Agreement, for whatever cause, the Distributor shall abandon at once all use of the Trademarks, and shall not thereafter use in any manner whatsoever any of the Trademarks.第六条第三款协议终止义务。无论是由何原因导致的协议终止,经销商都应立刻终止所有该商标的使用并且从此以后不得以任何方式再使用此商标。

Section 6.4 PROTECTION OF TRADEMARKS.The Company(or its affiliates), shall have sole and exclusive right to protect and defend the Trademarks at its sole cost and expense and shall have the sole and absolute discretion as to how to protect and defend and whether or not to protect and defend the Trademarks.The Company shall not be liable to the Distributor for any loss or damage suffered by the Distributor as a result of the use of the Trademarks, or as a result of any litigation or proceeding involving the Trademarks, or as a result of any failure by the Company to protect or defend the Trademarks.The Distributor shall cooperate fully with the Company, its affiliates in the defense and protection of the Trademarks and shall promptly and fully advise the Company of any use in the Territory of which Distributor has knowledge of any trademark or other mark infringing upon any of the Trademarks.第六条第四款商标的保护。本公司(或其附属公司),是唯一拥有专有权独自承担费用维护和保护商标的实体。有权独立完全决定怎样和是否维护和保护该商标的权利。本公司对由于经销商使用商标、涉及该商标的起诉,以及维护保护商标权不成致使经销商遭受的损失或损害概不承担责任。经销商应密切配合本公司及其附属公司进行该商标的维护和保护并应及时全面通知本公司其发现的任何在该区域侵害该商标权的行为。

商标的约定包括商标所有、商标的合理使用、合同终止不得使用及商标保护。

ARTICLE Ⅶ

第七条

LOCAL LAWS

本地法律

Section 7.1 LOCAL LAWS.The Distributor shall sell and distribute the Products in compliance with all national, state, municipal, local and other governmental laws,decrees, ordinances,rules,orders,regulations and charges.第七条第一款地方法律。经销商一切经销活动必须符合国家、州、市、地方的法规和其他的政府法律、法令、条例、法规、裁令、规章和指示。

守法经销。

ARTICLE Ⅷ

第八条

LOCAL FEES AND TAXES

地方税费

Section 8.1 LOCAL FEES AND TAXES.The Distributor shall, at the Distributor?s own cost and expense obtain all licenses, permits and other authorizations to conduct its business and for shipment to or from the Distributor of Products, equipment, and all other materials required for the selling and distributing of the Products, without any responsibility on the part of the Company with respect to such licenses, permits or authorizations.Distributor also agrees to pay all applicable taxes, licenses, fines and fees relating to Distributor?s business and its purchase and sale of Products hereunder.第八条第一款地方税费。经销商应自行承担为进行经营获得所有许可证照和其他授权的费用,该产品、设备和所有其他经销该产品所需的材料装运的费用,但不承担本公司方有关该许可证照和授权许可的费用。销售商也同意支付与经销商经营和本协议项下该产品买卖有关的适用赋税、许可费用、罚款和费用。

地税承担。

ARTICLE Ⅸ

第九条

LEGAL RELATIONSHIP AND INDEMNIFICATION

法律关系与保证赔偿

Section 9.1 LEGAL RELATIONSHIP AND INDEMNIFICATION.Nothing in this Agreement shall create or be deemed to create any relationship of agency, employment, partnership, or joint venture between the Distributor and the Company.Distributor shall assume full responsibility and liability for, and shall indemnify and hold the Company harmless from, any loss, injury, or damage(including expenses and reasonable attorneys? fees)resulting from, or claimed to result from, any act or omission on the part of the Distributor.第九条第一款法律关系及保证赔偿。本协议不得创设或视为创设了经销商与本公司间任何代理、聘用、合伙或合作的关系。经销商应自行完全承担由于其作为或不作为产生的索赔、损失、伤害或损害(包括花费及合理的律师费)并保证赔偿并使本公司免于该责任。

不形成代理、聘用、合伙、合资法律关系和保证赔偿条款,这是本协议比较典型的规定。

ARTICLE Ⅹ

第十条

ASSIGNMENT

转让

Section 10.1 ASSIGNMENT OF RIGHTS OR OBLIGATIONS.Distributor may not sell, assign, transfer, pledge, lease, license, or in any other way or manner encumber or dispose of any of its rights or obligations hereunder, either in whole or in part, nor shall said rights or obligations pass by operation of law or in any other manner without the prior written

consent of the Company.The Company?s right to withhold such consent shall be absolute and unqualified.If this Agreement is in any way assigned or transferred by the Company or if it is in any way assigned or transferred by the Distributor upon the prior written consent of the Company as aforesaid, then this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.第十条第一款权利或义务转让。未经本公司事先书面同意,经销商不得售卖、转让、转移、抵押、租借、许可或以其他方式、手段设定债权或处置其本合同项下权利或义务无论部分或全部,也不得运用法律或其他方式让渡该权利或义务。本公司对该同意的撤回权应是绝对无限制的。如果本协议按上述以某种方式由本公司或经销商出让,则本协议应对该方的继受方和受让方有约束力并适用其利益。

Section 10.2 TRANSFER OF STOCK OR SECURITIES.Neither Distributor nor any other person shall sell, assign, transfer, issue, reissue, pledge or otherwise dispose of or encumber, whether by operation of law or otherwise, without the prior written consent of the Company, which consent in the Company?s absolute and unqualified discretion may be withheld:(i)If Distributor is a partnership, any partnership interest in Distributor;or(ii)if Distributor is a corporation, any or all of the Distributor?s stock, and/or securities with voting rights and/or certificates of indebtedness with voting rights(whether or not such stock, securities or certificates or indebtedness are issued or outstanding at such time)is such transactions either singly or when aggregated with all previous such transactions shall or may causeand members ofimmediate family to own less than fifty?one(51)percent of the outstanding voting stock of the Distributor or have less than fifty?one(51)percent of the effective voting power over the Distributor.Distributor hereby agrees that its stock shall at all times during the terms hereof bear a legend which states that its transferability is subject to the terms hereof.Distributor further warrants and covenants that its stock ownership(or partnership interest as the case may be)is now and shall be as of the effective date hereof.第十条第二款股票和证券的转让。未经本公司事先书面同意,经销商或者其他人不得出让、转移、转让、发行和重新发行、质押或者用其他的方式处置股份或者有价证券,或者在股份和证券上设定债权,无论是否出于法律操作。该同意为本公司完全无限制权利,可在以下情形随时收回:(1)如果经销商的公司是合伙企业,任何合伙利益;(2)如果经销商的公司是一个有限公司,拥有一部分或者全部的股份或有投票权的证券或具有投票权的债券(无论该股票、证券或债券当时已发行在外或发行未售出)的该交易,无论是单独还是与所有先前此种交易结合应该或可能导致以及的直系亲属的成员拥有少于51%的经销商已发行有投票权的股票或者拥有超过经销商少于51%的有效投票权。经销商在此同意其股份在协议期间提供本公司图例表明其根据本协议条款的转让。经销商进一步立契担保其股份的所有权(或合伙权益视情况而定),为本协议生效时其现有的。

合同转让和股份转让条款。

ARTICLE Ⅺ

第十一条

TERMINATION

协议终止

Section 11.1 TERMINATION BY DISTRIBUTOR.Distributor may terminate this Agreement at any time, with or without cause, upon thirty(30)days written notice to the Company.第十一条第一款经销商终止。经销商随时可以终止本协议,无论有无原因,但要提前三十(30)天书面通知本公司。

Section 11.2 TERMINATION BY THE COMPANY.Upon the occurrence of any one or more of the following events, in addition to all other rights and remedies, including the right to damages, the Company shall have

the right, in the Company?s discretion, to terminate this agreement immediately by giving written notice thereof to the Distributor:

第十一条第二款本公司终止。以下任一或更多事件一经产生,除其他权利和救济,包括损害赔偿请求权,本公司应有权决定立即书面通知经销商终止本协议:

(a)Distributor?s failure to pay any amounts due hereunder or under any other agreement between the Company and Distributor at the time such amounts become due.(1)经销商未能支付本协议或本公司与经销商间其他协议项下的应付到期款项。

(b)Distributor?s breach or failure to perform of any other covenant, obligation, warranty, term or condition hereof or Distributor?s failure to adhere to any established written Company policy which is applicable to all or substantially all of the Company?s distributors and which is in its terms mandatory, if Distributor fails to cure any such breach or failure within thirty(30)days after the Company gives written notice thereof to the Distributor, provided that no such notice to cure need be given if the Company has previously given the Distributor notice to cure with respect to a breach of or failure to perform of the same covenant, obligation, warranty, term, condition or policy on at least two previous occasions, whether or not Distributor has in fact cured on such occasions.(2)经销商违背或拒不履行本协议项下的别的契约、义务、担保、条款,或者经销商未能坚持执行已签署的适用于公司所有或大部分经销商的规章制度和其强制性条款,如果经销商在本公司书面通知30天内该事件仍然不能解决, 但如果本公司就至少两次同样的该违约或不履行事件以前发过书面通知要求处理,公司将终止协议,无论前几次是否解决了问题。

(c)The discontinuation, without cause, in whole or in substantial part of distribution of the Products by the Distributor, for any reason whatsoever

(except for normal seasonal variation in the sale of the Products)for a period of more than sixty(60)days.(3)经销商无故中止销售整个或者大部分该产品超过60天的,无论出于何种原因(产品的正常季节性变化除外)。

(d)The insolvency of the Distributor;or assignment by the Distributor for the benefit of creditors;or the filing of a voluntary bankruptcy or reorganization petition by the Distributor;or the failure of the Distributor to vacate an involuntary bankruptcy or reorganization petition filed against the Distributor, within thirty(30)days from the date of such filing;or the failure of the Distributor to vacate the appointment of a receiver or a trustee for Distributor, or for any part or interest of the Distributor?s business, within thirty(30)days from the date of such appointment;or the failure of the Distributor to vacate, set aside, or have dismissed any insolvency proceeding under any law governing, or applicable to the Distributor within thirty(30)days from the date of the commencement of any such proceeding.(4)经销商破产;或经销商为偿债转让;或经销商提出自愿破产请求或者自愿重组,或30天内未能撤销对其的强制性破产或重组请求;从该指定起30天之内,经销商未能撤销其任何业务的部分或权益破产管理人或托管人的指定或从该诉讼程式开始30天内未能根据任何管辖或适用的法律撤销、驳回或解除对经销商的该强制破产程式。

(e)The effective loss by the Distributor of management or control of the Distributor?s business by virtue of any law, decree, order, rule, regulation, ordinance, foreclosure or similar cause and failure to restore such management or control to Distributor within thirty(30)days.(5)由于经销商的管理或者由于法律、法规、政策、规定等类似原因对经销商经营的控制造成销售额的明显减低,并且经销商在30天内无法解决问题,恢复销售额。

由于法律、法令、裁令、条例、规章、规则、没收或类似原因导致经销商明显丧失对其业务管理和控制且未能在30日内恢复管理控制的。

(f)The failure by Distributor to achieve the level of sales for the Products as stated in Exhibit “E” in the Territory, unless such failure is substantially caused by the failure of the Company to supply a sufficient amount of Products with reasonable promptness or by any breach of this Agreement by the Company.(6)经销商未能在其经销区域内达到附件5中规定的销售水平, 除非是实质上由于本公司没有及时提供充足的货源,或者是由于本公司违背本协议。

Section 11.3 RIGHT TO DISCONTINUE SUPPLY.Upon the happening of any one or more of the events specified in Section 11.2 hereof or if the Company reasonably believes that Distributor may not have the financial ability to pay for the Products ordered, then the Company shall also have the right to discontinue supplying the Distributor with Products and other materials for such length of time as the Company may in its sole judgment deem necessary, without terminating this Agreement and without thereby prejudicing the Company?s rights to terminate this Agreement for the same cause or for any one or more other causes.第十一条第三款中止供应权。如果出现一个或多个本条上款中所述情况或者公司有理由确信经销商没有经济能力去支付订单产品的情况下,本公司有权在其认为必要时,在这段时期对经销商停止供货以及其他材料而不终止本协议,并不由此而损害公司以相同事由或其他一种或多种事由终止本协议的权利。

Section 11.4 PARTIAL TERMINATION.If Distributor fails, with respect to any or all of the Products in any or all parts of the Territory, either to perform its duties or covenants hereunder or to achieve the level of sales in Section 11.2(f)hereof, the Company may, instead of terminating this Agreement altogether, sell any or all of such Products to one or more other persons(including but not limited to Distributor?s existing customers), in any or all of such parts of the Territory and, in addition or in the alternative, may withdraw the Distributor?s rights to

sell any or all such Products in any or all such parts of the Territory.第十一条第四款部分终止。如果经销商在部分或者全部所属的区域中经营业绩不佳,未能履行本协议项下义务和约定或未能达到第11.2(f)规定的销售水平,在不终止全部合同的情况下,本公司可将该产品的部分或者全部销售给此等部分或全部区域内的一人或者多人(包括但不限于经销商现有的客户),除此之外或另行选择,可撤销经销商在本区域全部或部分销售的部分或者全部此产品的授权。

Section 11.5 EFFECT OF TERMINATION.Termination or expiration of this Agreement for any reason shall not impair the obligation of the parties to pay any and all amounts payable hereunder at the time such amounts are or become due.Distributor?s sole remedy for Company?s breach of Agreement shall be termination of the Agreement.第十一条第五款终止效力。无论因何导致本协议的终止或届满,均不得减少协议双方偿还应付到期款项的义务。经销商因本公司违约的唯一救济应是终止协议。

Section 11.6 OPTION TO REPURCHASE.Should this Agreement be terminated for any cause whatsoever, the Company shall have the option to purchase from the Distributor, and the Distributor shall, upon the exercise of such option by the Company, sell to the Company, any part or all of the Distributor?s labels, containers, cases, cartons, mixtures, ingredients and Products at the invoice price thereof to the Distributor, less a 40% handling charge and a reasonable allowance for depreciation, deterioration and obsolescence.第十一条第六款优先回购权。倘若本协议无论出于何种原因而终止,本公司应有优先回购权,且本公司一经行使该回购权,经销商应以开单价卖给本公司其标签、集装箱、木箱、纸板箱、合剂、配料、产品的部分或全部。减去40%的装卸费/手续费和合理折旧费、变质、过期的费用。

合同终止条款包括约定终止情形、中止供应、部分终止、终止效力、优先回购。

ARTICLE Ⅻ

第十二条

MISCELLANEOUS

杂项条款

Section 12.1 COSTS OF ENFORCEMENT.In the event that Company initiates legal action(including both trial and appellate proceedings)to enforce its rights hereunder, Company shall recover from the non?prevailing party his or its reasonable litigation expenses(including, but not limited to, reasonable attorney?s fees)of all such proceedings.第十二条第一款强制执行费用。如本公司为了强制执行其本协议项下权利而进行法律诉讼时(包括一审和上诉程式),败诉一方需要偿付本公司所有该诉讼程式合理的诉讼费用(包括但不限于合理的律师费用)

Section 12.2 NOTICES.Any notices required to be given under the terms of this Agreement shall be addressed to the parties at the following addresses, or at such other address designed in writing by the party to receive notice:

第十二条第二款通知。任何在本协议期间所要求的通知均应按合同方的以下地址或者其他接受通知方书面指定的其他地址:

If to Corporation: ABC, Inc.Attn: John Doe, President

Fentress Boulevard

Daytona Beach, FL 32114

致本公司: ABC, Inc.Attn: John Doe, President

Fentress Boulevard

Daytona Beach, FL 32114

If to Distributor:

致经销商:

If to Guarantor(s):

致保证人:

Any party by written notice to the other parties may change the address or the persons to whom notices or copies thereof shall be directed.任何一方变更地址或者变更主要负责人均要通知其他两方人员。

Notices shall be either(1)personally delivered(including delivery by Federal Express or other courier services)to the address set forth above, in which case they shall be deemed delivered on the date of delivery;(2)sent by Western Union Telegram, in which case they shall be deemed delivered on the date Western Union delivers it telephonic communication;(3)sent by certified mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or delayed by the addressee, in which event they shall be deemed delivered on the date of the deposit in the U.S.Mail.Notices or communications to or from a party?s attorney will be deemed to be or from the party.通知应按以下任意方式:(1)亲自传递(包括联邦快递或者其他快递服务)至上列位址,在这种情况下投递当日视为送达;(2)通过西联电报,此种情况西联发出电话传送的日期视为送达;(3)保证邮件寄送,要求回执,此种情况下以回执上显示日期为送达,除非被收信人拒收或延误,则邮件的送达日期被确认为在美国邮局存放的日期。是发给或者由当事人律师发出的通知或者通信视同发给或者由该当事人发出。

Section 12.3 ACCEPTANCE BY TELECOPIER.Either party may demonstrate its execution or acceptance of this Agreement by facsimile transmitted via telecopier showing the transmitting parties? signature thereon.Such a facsimile, once received by the other party, shall bind the transmitting party to the same extent as would delivery of this Agreement(or a counterpart hereof)containing the parties? actual signature.第十二条第三款传真的确认。双方中的任意一方如果要通过发送传真来签署或接受本协议必须有发送传真方在传真件上的亲笔签名。如果一方收到了该传真,应对发传真方具有约束力,视同其送达含有其真实签名的本协议文件(或者是副本)。

Section 12.4 CONSTRUCTION.The parties acknowledged that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment or exhibits thereto.第十二条第四款解释。协议方确认各方与各自的辩护律师都可以审查、修订本协议,正常的解释原则以便解决起草方的含糊之处,该含糊不得应用于本协议及其修正或其附件的解释中。

Section 12.5 WAIVER.The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct.第十二条第五款弃权声明。本协议任一方就任一他方违反本协议条款的行为反对或提起积极的诉讼未成的,不得解释为对违反、违约或任何将来的违反、违约或不正当行为作出弃权。

Section 12.6 ENTIRE AGREEMENT.This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter hereof, and supersedes all prior memoranda, correspondence, conversations and negotiations.第十二条第六款完整协议。本协议构成协议各方间就本协议标的的完整协议,取代以前所有的往来信件、谈判、会谈、备忘录。

Section 12.7 MODIFICATIONS.This Agreement cannot be altered or amended except by an instrument in writing signed by both parties.第十二条第七款修正。未经双方签字的书面文件,本协议不能够修改或修正。

Section 12.8 SPECIFIC PERFORMANCE.In the event of a breach or threatened breach by Distributor of any of the provisions of this Agreement, Corporation, in addition to and not in limitation of, any other rights, remedies, or damages available to Company at law or in equity, shall be entitled to a permanent injunction in order to prevent or restrain any such breach.第十二条第八款特别履行。如果经销商违背或者可能违背本协议条款的规定,本公司除外但不限于可按普通法或衡平法获得任何其他权利、救济和损害赔偿金,应有权申请永久禁止令以防止或约束该违约。

Section 12.9 CHOICE OF LAW.This Agreement and the performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida.第十二条第九款法律的选择。本协议及本协议的履行和本协议下的所有诉讼和特别审判程式均应符合佛罗里达州的法律并按其解释。

Section 12.10 FORUM.All actions under this Agreement shall be taken in a court of competent jurisdiction in Volusia County, Florida and no party shall advance a position that such forum is improper or inconvenient.第十二条第十款受理法院。所有本协议下的诉讼均应在佛罗里达Volusia 县的有管辖权的法院中进行,任何一方不得提出一个位置以认为该法院不合适或不方便。

Section 12.11 INVALID PROVISIONS.The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereto, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.第十二条第十一款无效规定。本协议某特殊规定的无效或不可执行不得影响本协议的其他规定,即使删除无效或不可执行的规定,本协议也应被全面解释。

Section 12.12 LEGAL EXPENSES.Each of the parties hereto agrees to bear its or their own expenses relating to the negotiation for and preparation and review of documents leading to, as well as this Agreement, whether or not the transaction contemplated hereby is consummated.第十二条第十二款法律费用。本协议当事人各方同意承担协商有关费用、准备和审查文件的费用以及本协议相关费用, 无论最终预期交易是否完成。

Section 12.13 HEADINGS AND TERMINOLOGY.The headings used in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.The specific terms that are defined in various provisions of this Agreement shall apply throughout this Agreement(including, without limitation, each exhibit hereto unless expressly indicated otherwise).第十二条第十三款标题和术语。本协议中的标题只为提及的方便无意成为本协议的部分或影响本协议的意义或解释。本协议在各种不同条款中定义的特殊术语适用于整个协议(包括但不限于,每个附件除非另有指示)。

Section 12.14 COUNTERPARTS.This Agreement may be executed in several counterparts, and each executed copy shall constitute an original instrument, but such counterparts shall together constitute but one and the same instrument.第十二条第十四款协议副本。本协议签署若干副本,每一经签署的副本构成原始的文件,但所有该副本应一起构成同一文件。

Section 12.15 CONFIDENTIALITY.The terms and conditions of this Agreement are to be held in strictest confidence and are not to be disclosed by the Representative to any third party other than appropriate Company personnel.第十二条第十五款保密条款。本协议的条款必须严格保密,不得由销售代表向任何第三者披露,除了本公司合适人员外。

Section 12.16 LIMITATIONS.The word “including” in this Agreement, when followed with a listing, shall mean including, without limitation.第十二条第十六款限制。本协议的“包括”这个词,当后面跟有清单时,将意味包括,没有限制。

杂项条款涉及申请执行费用、通知条款、传真确认、保密条款、副本、合同解释、弃权声明、完整协议、合同修改、特别履行、法律选择、管辖法院、无效规定、标题和术语解释及限制条款。

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above mentioned by their representatives, who personally attest that they are duly authorized to enter into this Agreement.本协议由各方代表于上述日期签字盖章生效,各代表证明其系经正式授权签署本协议,特此为证。

WITNESSES:COMPANY:

ABC,INC.BY:

Its President

DISTRIBUTOR:

BY:

Its President

见证人:公司:

ABC公司

签约人:

董事长

经销商:

签约人:

董事长

结尾即证明部分,双方由授权代表签约,特此为证。

EXHIBITS

附件(略)

(出自:英文合同解读--语用、条款及文本范例)

篇3:经销商英文简历

China has experienced rapid economic growth since the 1980s. With an annual average economic growth rate of about 10% since the year 1990,the annual per capital disposable income of urban residents increased about 250% from 2000 to 2008 ( China Statistical Yearbook,2009 ) . Dramatically increased consumer spending power and a growing wealthy middle class have attracted many international retailers to Chinese markets,especially since China joined the WTO in 2001 ( Liu, 2007) . Meanwhile,new retail formats such as supermarkets, warehouse clubs, specialty stores, and convenience stores have become common ( Wang, Li & Liu,2008 ) . Retail sales of consumer goods increased 325% from 1998 to 2008 and reached 10. 8 trillion RMB in 2008 ( China Statistical Yearbook,2009) . The rapid growth has transformed the Chinese retail market which has become a very competitive battlefield for both international and domestic retailers ( Wang,et al. ,2008 ) . To succeed in this important and competitive market,it is critical to understand not only Chinese consumers' needs and wants but also their shopping and store patronage behavior. However,little has been done to systematically investigate consumers' patronage behavior in different retail channels and stores ( Uncles & Kwok,2009) . Failure to fully understand Chinese consumers' unique shopping and consumption behaviour hinder the success of some international retailers. Some recent examples include Best Buy and Home Depot from the United State.

Value is one of the most important measures for gaining a competitive edge ( Parasuraman,1997) and the basis for all marketing activities ( Holbrook,1994) . It is the key outcome of consumption experiences ( Holbrook,1986) and the most important indicator of repurchase intentions ( Parasurman & Grewal,2000) . In the retail market,shopping value affects retail outcomes and enhances such retail variables as consumer satisfaction ( Babin,Lee,Kim & Greffin,2005) ,customer share ( Babin & Attaway,2000) ,patronage intentions,customer loyalty,and word - of - mouth ( Jones,Reynolds & Arnold,2006 ) . Retailers, therefore, must deliver value to their consumers to enhance customer satisfaction and loyalty. With increasing purchasing power and abundant choices of retail outlets and products,Chinese consumers have become demanding ( Wang,et al. ,2008 ) . Gaining shopping experience and value has become important for them ( Davis, 2009) . Understanding Chinese consumers' shopping value and its effect on store patronage behavior such as store choices and preferences has become critical for international retailers and marketers ( Wang,Chen,Chan & Zheng,2000; Zhang,et al. ,2008) . Since the main body of shopping value literature was established based on Western consumers and markets,the first step would be to determine if established shopping value constructs and theories are also applicable to Chinese consumers. The second important step should be to investigate Chinese consumers' value perceptions in different retail outlets to better understand their shopping behavior. The purpose of this study is,therefore,1) to identify key consumer shopping value dimensions that Chinese consumers pursue in the marketplace; 2) to identify any similarities and differences in Chinese consumers' value perceptions when shopping at two major outlets,department stores and supermarkets.

Department stores are non - self - service retail outlets selling a large variety of merchandise that is organized into departments ( Uncles & Kwok,2009) . Department stores were introduced in China in the era of the central - planned economy. Before the economic reform beginning in the late 1970s, they served as the sole distribution channel for manufactured consumer goods ( Chan,Perez,Perkins & Shu,1997) . Department stores still serve as key retail outlets that provide Chinese consumers quality merchandise as well as one - stop shopping experiences. Supermarkets, on the other hand, were first introduced in the 1980s. They started in major Chinese cities including Beijing,Shanghai,and Guangzhou ( Mai & Zhao,2004) . Supermarkets expanded rapidly during the past two decades. During 2002—2007,the supermarket sector expanded with a cumulative growth rate of 22% in value sales, 19% in selling space, and 13% in outlets ( Euromonitor, 2008) . They are estimated to account for about 25% of the total Chinese retail market ( Zhang,2004 ) . Similar to mass merchandisers in the United States, supermarkets in China carry a large assortment of merchandise including fresh foods, groceries,home goods,as well as textiles and apparel. Many supermarkets have multiple floors,each focusing on a different product category, just like department stores. Chinese consumers' demand for high quality and large varieties of merchandise,from groceries,home goods,to apparel and accessories,makes supermarkets very popular. Today,department stores and supermarkets are major retail outlets that Chinese consumers rely on to satisfy their needs and wants ( Wong & Dean,2009) . With an increasingly crowded retail environment,these two popular retail outlets in China are facing fierce competition. By understanding consumers' value perceptions in each retail outlet,supermarkets and department stores can understand their consumers better,which can lead to better customer satisfaction and value delivery. So,the findings of this study not only contribute to Chinese consumer shopping literature by understanding Chinese consumers' shopping behavior,but also provide insight that can enable department stores and supermarkets to better position themselves in the local retail market.

2 LITERATURE REVIEW

2. 1 Consumption Value

Holbrook ( 1986) defined value as “an interactive relativistic preference experience” ( p. 32) and argued that value is found in the experience of consumption of products ( services) rather than in the purchase,although purchase can be a part of consumption experience. Therefore,although a product may have many attributes,those attributes come to represent consumer value only after they are appreciated or perceived by consumers. Holbrook ( 1986) also developed a value typology that was structured on broad conceptual classifications. According to Holbrook's value typology ( 1986) ,consumer value in the consumption experience has three dimensions: ①extrinsic vs. intrinsic; ②self - vs. other - oriented; ③active vs. passive. Extrinsic value and intrinsic value are also known as utilitarian value and hedonic value,respectively. Value is self - oriented when a consumer appreciates a product or experience for his /her own sake and other - oriented when a consumer looks beyond self to others such as family,friends and the universe. Furthermore,value is active when it involves things done by an individual and reactive when it comes from things done to an individual ( Holbrook,1986 ) . When combining those three dimensions, eight different types of consumption value emerge: four self - oriented values and four other - orientated values. Self - oriented values include efficiency ( extrinsic /active) , excellence ( extrinsic /passive ) , play ( intrinsic /active) ,and aesthetics ( intrinsic /passive) ; and other - oriented values include politics ( extrinsic /active) ,esteem ( extrinsic/passive) ,morality ( intrinsic/active) ,and religion ( intrinsic /passive) .

Zaithaml ( 1988) emphasized product value and conceptualized consumer perceived value ( CPV) as“the consumer's overall assessment of the utility of a product based on a perception of what is received and what is given” ( p. 14) . That is, CPV is a trade - off between benefits and sacrifices perceived by the consumer when considering a supplier's offering. The benefit component of value include salient intrinsic attributes, extrinsic attributes,perceived quality,and other aspects such as convenience and appreciation; the sacrifice components include both monetary prices and non - monetary prices such as time, energy, and effort to obtain products and services ( Zaithaml,1988) . Sheth,Newman,and Gross ( 1991 ) further extended the concept of CPV and developed a theoretical framework of consumption value. According to this theoretical framework,consumer choice of products and /or services is a function of multiple consumption value dimensions including functional value, social value, emotional value, epistemic value,and conditional value. Functional value is the perceived utility acquired from an alternative's capacity for functional,utilitarian,or physical performance; social value is the perceived utility acquired from an alternative's association with one or more specific social groups; emotional value is the perceived utility acquired from an alternative's capacity to arouse feelings or affective states; epistemic value is the perceived utility acquired from an alternative's capacity to arouse curiosity, provide novelty,and /or satisfy a desire for knowledge; and conditional value is the perceived utility acquired by an alternative as the result of the specific situation or set of circumstances facing the choice maker ( Sheth,et al. ,1991) .

It is clear that consumption value has been defined from different views. Some scholars view it as the outcome of consumption experiences ( Holbrook,1986) and others view it as the criteria for product /service choices ( Sheth, et al. , 1991) . Meanwhile,some researchers view it from the economic perspective and regard it as the trade - off between benefits and sacrifices ( e. g. Zaithaml,1988 ) . Based on the different definitions,a number of different value dimensions have been identified.

2. 2 Consumer Shopping Value

Based upon consumption value research, scholars approached the concept and dimensions of shopping value in a number of ways. Following Holbrook ( 1986) ,Babin,Darden,and Griffin ( 1994) defined shopping value as the evaluation of the overall worth of a shopping experience. As the outcome of a shopping trip,Babin,et al. ( 1994) proposed two fundamental dimensions to shopping value,utilitarian and hedonic value,which is the extrinsic versus intrinsic dimension of Holbrook's value typology. Utilitarian value relates to shopping as a work mentality,which can explain shopping trips as “an errand”or“work”and emphasizes task accomplishment ( Babin,et al. ,1994) . In contrast,hedonic value involves fun, playfulness, and sensory reactions, which reflects shopping's potential entertainment and emotional worth and focuses on the immediate gratification provided by the shopping experience ( Babin, et al. , 1994 ) . Rintamiki, Kanto, Kuusela,and Spence ( 2006) argued the importance of recognizing social value as an independent shopping value construct rather than a sub - dimension of hedonic value. They ( 2006) further proposed that utilitarian value derives from money saving and shopping convenience; hedonic value derives from exploration and entertainment; and social value is gained from status and self - esteem enhancement.

Mathwick,Malhotra,and Rigdon ( 2001) ,on the other hand,followed the value typology of Holbrook ( 1986) to investigate and assess retail shopping experiences in Internet and catalogue shopping contexts. Focusing only on self - oriented value,Mathwick,et al. ( 2001) argue that experiential shopping value has four dimensions: consumer return on investment ( CROI) ,service excellence,playfulness,and aesthetic appeal. Using a hierarchical structure, Mathwick, et al. ( 2001) conceptualized escapism and enjoyment as indicators of the higher order dimension of playfulness; visual appeal and entertainment as indicators of aesthetics; and efficiency and economic value as indicators of consumer return on investment. Also based on Holbrook's ( 1986 ) theoretical framework of value typology,Kim ( 2002 ) discussed and contrasted consumer value experienced by mall and Internet shopping in a conceptual article. In the discussion,playfulness is acquired through sensory stimulation,entertainment and social interaction; aesthetics through ambience; efficiency through convenience and resources ( time,effort and money) ; and excellence through product performance and customer service. It can be seen that although Holbrook's value typology provides a framework for analyzing shopping value in different retail channels, researchers disagree on the components of each value dimension.

Overall, the literature on consumer shopping value is fragmented. In an effort to provide a holistic view of shopping value,Davis and Dyer ( 2012 ) investigated shopping value dimensions based on the value theory developed by John Dewey ( 1939) that argues that value is derived from the fulfilment of consumers' needs and wants. Consumers shop to satisfy a broad range of personal and social needs that go beyond pure acquisition of goods and services ( Tauber,1972; Westbrook & Black,1985 ) . Viewed broadly, consumers go shopping because they experience a need and recognize that shopping activities can satisfy that need. Based on Dewey's value theory, when the need is fulfilled,whether actual or perceived,the consumer then develops a value perception of the experience that is associated with the needs and wants that motivated the foray into the marketplace. That is,satisfying a specific shopping need leads to the consumer's perception of gaining a specific shopping value ( Davis & Dyer,2012) . By connecting consumer shopping motivations and value perception,Davis and Dyer ( 2012) identified nine shopping value dimensions that are most relevant to compare consumers' shopping experiences in department stores and mass merchandisers. Those nine dimensions are acquisition value, transaction value, efficiency value, choice value,aesthetic value,exploration value,self - gratification value,social interaction value,and social status value. The definition of each value dimension is listed in Table 1.

Source: Davis and Dyer ( 2012) .

2. 3 Consumption Value and Chinese Consumers

Although some researchers have used the value concept to study Chinese consumers,much of the effort has been focused on personal value and cultural value. For example, Tai ( 2008) investigated the relationship between personal values and shopping orientation among adult working consumers in Taipei,Hong Kong and Shanghai. The study found that Chinese consumers in greater China share similar personal values, and there existed significant relationships between personal values and shopping orientation. Specifically,self - actualization value was the most important personal value that affects Chinese consumers' shopping orientation ( Tai,2008) . Cai and Shannon ( 2012) found that beside self - actualization ( or self enhancement) value, self - transcendence value, which is related to protecting and enhancing the well - being of other people and nature in general, positively affects Chinese consumers' attitude towards mall attributes. Chan ( 2001) also found that the traditional cultural value of collectivism and man - nature orientation positively affect Chinese consumers' attitude towards green purchases.

Few studies have explored the role of consumption value in Chinese consumers' consumption behavior, and even fewer have tapped into consumer shopping value. First, Chinese consumers were found to emphasize more on the utilitarian or functional value of products ( Tse, Belk & Zhou,1989 ) . However,with improving personal income and living standards,Chinese consumers may focus more on other dimensions of product and consumption value. Xiao and Kim ( 2009) reported that functional value,emotional value,and social value conceptualized by Sheth,et al. ( 1991) were positively related with Chinese consumers' purchasing of foreign brands. Yu and Bastin ( 2010) ,furthermore,explored the relationship of hedonic shopping value and impulsive buying behavior. They ( 2010) identified five dimensions of hedonic shopping value, namely novelty,fun,praise from others,escapism and social interaction for Chinese consumers. Further empirical study shows that novelty,fun,and praise from others have a significant positive relationship with Chinese consumers' impulsive buying behavior ( Yu & Bastin,2010) . In conclusion,limited studies confirmed that consumption value is effective for understanding Chinese consumer behavior and more extended research in the area is needed.

Two major retail outlets in China,department stores and supermarkets, may satisfy different consumer needs and wants,as they do in western countries,thus offering different types of shopping value to Chinese consumers. Wong and Dean ( 2009) found that product quality and customer orientation,or retailers' commitment to consumer needs and value delivery,positively related to perceived value for Chinese consumers in supermarkets and department stores respectively. Chinese consumers seek quality and choices at supermarkets and recreational shopping experiences at department stores ( Wong & Dean,2009; Davis,2009 ) . Department stores are popular destinations for weekend family outings ( Chan,et al. ,1997) . Therefore,it is hypothesized that the shopping value that Chinese consumers perceive gaining in department stores is different from that they perceive gaining in supermarkets.

Hypothesis: The shopping value that Chinese consumers perceive gaining from shopping at department stores is different from that they perceive gaining from shopping at supermarkets.

3 METHODOLOGY

3. 1 Qualitative Preliminary Study

For the purpose of this study,a qualitative study was first conducted in Northwest China to identify shopping value dimensions that are most relevant to Chinese consumers' shopping experiences in department stores and supermarkets. A convenience sample of 18 consumers who frequently engaged in shopping activities participated in in - depth interviews. The majority of them were female consumers. Ten of the participants were in their 20s and 30s and six in their 40s and 50s. The interviews were lightly structured,using focused,open - ended and non - directive questions in which discussions followed participants' responses and issues ( Mariampolski, 2001 ) . In - depth interviews were conducted in locations that were convenient to participants, including their homes and offices. Each interview was from 30 to 60 minutes long. All the interviews were recorded upon permission and later transcribed into text for interpretation.

Content analysis methods were used to identify possible shopping value dimensions that participants perceived they gained and actively sought from their shopping experiences. Common themes were developed based on the shopping value framework developed by Davis and Dyer ( 2012 ) . The data reveal that for the majority of participants,shopping is an important part of their daily lives. To satisfy their needs for everyday products and services through shopping,some participants tended to shop around to gain the best economic product value or acquisition shopping value. They valued the broad range of product categories and assortments that provide one stop - shopping convenience and freedom of choices,and enjoyed the efficiency and effectiveness of their shopping trips. Therefore,choice value and efficiency value are important for participants. Some participants shopped a lot for the excitement and thrill of finding deals and bargains. For many participants,the retail market is an important product and market information source. They liked to shop just to find out about new products and fashions,and discover new trends. Furthermore, for the majority of participants, shopping is about releasing stress and improving mood. More importantly, shopping for them is about socializing with family and friends. Therefore, transaction value,exploration value,self - gratification value, and social interaction value are all important for participants. Finally,some participants also emphasized shopping to appreciate beautiful retail visual displays and enjoy a pleasant shopping environment. Therefore,they sought aesthetic shopping value. In conclusion,the findings reveal that all shopping value dimensions except social status value identified by Davis and Dyer ( 2012) are also commonly pursued by northwest Chinese consumers.

3. 2 Quantitative Study

To test the hypothesis,a survey instrument was developed using existing scales adopted from Davis and Dyer' ( 2012 ) study ( See Table 2) . The responses to scale items were measured on a seven - point Likert - type scale anchored between “strongly disagree” ( 1) and“strongly agree” ( 7) . Scales were translated into Chinese and then back - translated into Chinese to ensure accuracy of the Chinese translation ( Malhotra,1996) . The data was collected in Lanzhou City,Gansu province. As the capital city of Gansu province,Lanzhou is one of the most important cities in Northwest China. It has the largest economy in Gansu province with a population of 3. 32 million. Its retail landscape has changed dramatically since 2000 with the opening of its first supermarket - Lanzhou Hualian. In 2008,the retail sales in the city reached 342. 66 billion RMB. However,international retailers have not entered the local market,which makes it appealing to international retailers.

Note: Subjects responded to each survey item on a 7 - point Likert - type scale ranging from ( 1) strongly disagree to ( 7) strongly agree. The original scales were modified by substituting“supermarkets”or“department stores”within each measurement item. Those substitutions are represented here by XYZ.

Two hundred fifty - three female Chinese consumers from a convenience sample participated in the study. All respondents shopped at both supermarkets and department stores regularly. The majority of them were 25 to 44 years of age. About 83% of respondents belonged to the Han ethnic group. While 46% of respondents have college education,only 8% of them earn more than 3000 RMB per month. Therefore, the respondents tend to be younger consumers with relatively lower incomes. The respondents' demographic information is presented in Table 3.

4 ANALYSIS

To validate the study constructs,a principal component factor analysis with varimax rotation was conducted. Factors with eigenvalues greater than 1. 0 and loadings of. 50 were used as the criteria for retaining items ( Hair,et al. ,2006) . Items did not have high loading on any one dimension and those that have high loadings on more than two dimensions were eliminated from further analysis. The factor analysis indicated that after the scale purification,all the remaining items measuring each shopping value construct loaded highly on only one dimension ( see Table 2 ) . In conclusion,the factor analysis confirmed that all constructs of the study are valid. Furthermore, each scale satisfied the Cronbach's alpha larger than 0. 70 criterion preferred in previous research studies,with the exception of the choice value scale which at 0. 69 was considered borderline but acceptable ( Peter,1979; Peterson,1994) ( see Table 2) .

To compare participants' shopping value perception from their shopping experiences at department stores and supermarkets, a full factorial multivariate analysis of variance ( MANOVA) and univariate analysis of variance ( ANOVA) tests were used to analyze data. Table 4 presents the MANOVA and ANOVA results. The MANOVA test was used because it is a conservative test that is ideal for controlling for the overall type I error rate for multiple comparisons ( Hummel & Sligo,1971) . The p - value of Wilks' lambda test was significant at p < 0. 001,suggesting that overall shopping value that participants perceived at department stores was significantly different from that they perceived at supermarkets ( p < 0. 001 ) . Thus the null hypothesis is supported. The descriptive statistical analysis shows that participants perceived gaining high levels of acquisition value ( u = 5. 15 ) ,transaction ( u = 5. 01 ) , efficiency ( u = 5. 01 ) , and choice value ( u = 5. 57 ) at supermarkets, and high levels of exploration value ( u = 5. 45 ) ,aesthetic value ( u = 5. 19 ) , and choice value ( u = 5. 97 ) at department stores ( see Table 4) .

ANOVA tests were used to compare participants' perception of each shopping value at department stores versus supermarkets. ANOVA tests show that participants perceived significantly higher levels of acquisition value,that is,what - you get - from - what - you - give value at supermarkets ( u = 5. 15) than at department stores ( u = 3. 61) . They also perceived significantly higher levels of transaction value,or gaining pleasure by finding deals and bargains,as well as efficiency value at supermarkets ( u = 5. 01 for both dimensions) than at department stores ( u = 4. 58 and 4. 77,respectively) . Meanwhile,participants perceived significantly higher levels of choice value,aesthetic value,exploration value,and social status value at department stores with the mean of 5. 97,5. 19, 5. 45,and 3. 83 respectively. However,there is no significant difference in social interaction value or self - gratification value between department stores ( u = 4. 34 and 4. 63,respectively) and supermarkets ( u = 4. 41 and 4. 34, respectively) .

Note: * 1 = supermarkets; **2 = department stores.

5 RESULTS AND DISCUSSION

Although shopping value significantly affect consumers' patronage behavior ( e. g. Babin & Attaway,2000) ,limited studies have explored shopping value and its effects on consumers' patronage behavior in China. This research sought to investigate Chinese consumers' shopping value perception at department stores and supermarkets,which are two most popular retail outlets in China. The study first explored major shopping value dimensions shared among Chinese consumers using a preliminary qualitative study. The findings from the qualitative study reveal that all value dimensions except social status shopping value from the shopping value framework provided by Davis and Dyer ( 2012) are common among Chinese consumers. To satisfy their needs for goods and services,Chinese consumers seek acquisition value ( economic value of products ) , choice value ( a broad choice of merchandise) ,and efficiency value ( the efficiency of their shopping trips) . They also shop to satisfy a broad range of psychological and emotional needs, as Davis, Peyrefitte and Hodges ( 2012 ) concluded. The satisfaction of those needs leads to exploration value ( finding novelty goods and learning fashion trends) ,social interaction value ( socializing with family and friends) ,self - gratification value ( improving personal well - being ) , aesthetic value ( enjoying pleasant retail visual displays) ,and transaction value ( gaining pleasure from finding a bargain) .

The study then explored the similarities and differences in value perception from their shopping experiences at department stores and supermarkets using a follow up quantitative study. The statistical analysis reveals that participants perceived gaining significantly different shopping value at department stores and supermarkets. They perceived significantly higher levels of hedonic shopping value,including exploration value,aesthetic value,and social status value at department stores,which means that they felt learning more about fashion trends,seeing more beautiful visual displays,and gaining higher levels of the sense of social approval when shopping at department stores. However,findings reveal no difference between the perception of gaining self - gratification value and social interaction value at those retail outlets,which indicates that Chinese consumers shop at both outlets to socialize with others and /or improve their personal well - being. Because self - gratification and social interaction are two dimensions of hedonic shopping value ( Yu & Bastin,2010) ,the findings suggest that supermarkets do provide some levels of recreational shopping experiences in the marketplaces. However,department stores provide a broader range of recreational shopping experiences and hedonic shopping value to consumers.

Secondly, although participants perceived significantly higher levels of social status value at department stores,the means of social status value at both retail outlets are relatively low with 3. 82 at department stores and 3. 40 at supermarkets. This finding is consistent with that of the preliminary qualitative study,which suggests Chinese consumers are less likely to shop to gain social approval and acceptance. Although Chinese consumers do shop to satisfy social needs,their social needs can be very different from those of Western consumers ( Davis, et al. ,2012) . Therefore,social status shopping value may only be effective in explaining certain specific Chinese consumers' shopping behavior such as mall shopping ( Cai & Shannon,2012) and consumption of luxury goods. Thirdly, participants perceived gaining higher levels of choice value at department stores,which can be explained by the fact that major local department stores are all full - line department stores and some of them even have a grocery store within. On the other hand, participants perceived gaining significantly higher levels of acquisition value,which means that they perceived getting better price value and deals,at supermarkets. They also perceived gaining significantly higher levels of transaction value at supermarkets,which may be explained by more bargain hunting opportunities in supermarkets because of frequent promotions and weekly specials. Furthermore, participants perceived significantly higher levels of efficiency value at supermarkets which also indicates that consumers are more likely to shop at supermarkets to satisfy their needs for everyday products where efficiency is important.

6 CONCLUSION AND IMPLICATIONS

With the economic development and improvement of living standards,Chinese consumers are becoming more demanding ( Wang et al. ,2008 ) . Meanwhile, the development of the Chinese retail industry and the entrance of international retailers have created a very competitive retail environment. To be successful,retailers have to create and deliver value to their consumers,just as in Western markets. Therefore,it is more important than ever for retailers to identify critical shopping value for Chinese consumers and understand the effect of shopping value on their shopping behavior. This study contributes to the literature by exploring key shopping value dimensions for Chinese consumers and their value perception in two most popular retail outlets,department stores and supermarkets,by using the shopping value framework developed by Davis and Dyer ( 2012) . The findings indicate that shopping value has multiple dimensions for Chinese consumers, as it does for Western consumers,which supports Yu and Bastin's ( 2010) findings. They also indicate that majority value dimensions identified in western markets are also applicable to Chinese consumers because of the newly established consumer culture. It is clear that from Chinese consumers' perspective, shopping is about satisfying different needs and wants,thus pursuing different shopping value. Rather than just focus on functional value of products, as indicated in earlier studies ( e. g. Tse,et al. ,1989) ,Chinese consumers emphasize a broad range of shopping value,including hedonic value. Yu and Bastin ( 2010 ) concluded that hedonic shopping value has become important for Chinese consumers. The findings of this study provide further evidence that today's Chinese consumers are very likely to shop for fun and experiences,that is,to pursue hedonic shopping value. Like Western consumers,Chinese consumers desire a pleasant shopping experience in the marketplace. Chinese consumers have become more hedonic orientated. Thus,pursuing both utilitarian and hedonic value has become essential to explain Chinese consumers' shopping behavior.

On the other hand,the findings also suggest that today's Chinese retail markets do provide a broad range of shopping value to consumers, from those associated with purchasing goods and services,such as choice value,acquisition value, and efficiency value,to those related to hedonic shopping experiences like exploration value,social interaction value and self - gratification value. However, Chinese consumers do experience somewhat different shopping value at department stores versus supermarkets. They experience and perceive gaining more dimensions of hedonic shopping value at department stores,and more dimensions of shopping value that are associated with exchange activity at supermarkets: transaction, acquisition, and efficiency value. But at the same time, they perceived gaining similar levels of socialization value and self - gratification value in both retail outlets, which means that they gained similar hedonic shopping experiences in those retail outlets by socializing with family and friends,releasing stress,improving mood,or treating themselves to something special there. This is quite different from US retail markets where consumers mainly perceived gaining utilitarian shopping value from shopping at mass merchandisers ( Davis & Dyer,2012) .

The difference in consumers' value perception from shopping at department stores and supermarkets also indicate that those two retail outlets clearly have different marketing positions and value propositions in the local market. That is,department stores deliver a broader range of hedonic shopping value and supermarkets do a better job delivering functional shopping value. To cater to local consumers' desire for gaining different value and shopping experiences, these outlets may want to strategize not only to reinforce their key value proposition but also explore other choices. For example, supermarkets, which already deliver good socialization and self - gratification value,may want to emphasize more on satisfying consumers' needs for relaxation and socialization by adopting simple strategies such as providing resting areas and adding snack bars, thus enhancing hedonic shopping value for consumers. Department stores,on the other hand,may host special events such as fashion shows and emphasize a more exciting shopping environment to attract more consumers.

7 LIMITATIONS AND FUTURE STUDIES

Although this study contributes to our understanding of Chinese consumers' shopping value,it has some limitations. This research used a convenience sample; therefore,special care should be taken to generalize the findings to the overall population. Further studies may use other sampling methods such as store intercept and random sampling to further verify the findings. Content - wise,while the study shed light on Chinese consumers' value dimensions and value perception in two key retail outlets in China,it did not investigate which value dimensions are more important for consumers shopping at each outlet. Therefore future studies may focus on evaluating the importance of each value dimension at different shopping outlets. Although the findings of the study suggests that many shopping value dimensions identified in the western consumer markets are also applicable for Chinese consumers, future studies may still focus on identifying unique shopping value dimensions for Chinese consumers because of their unique culture and history background. Meanwhile,future research may focus on developing better value measurement scales specific for measuring Chinese consumers' shopping value. It is also critical to investigate the effect of shopping value on consumer patronage behavior, such as shopping frequency, expenditure, store choices and retail brand loyalty.

篇4:高效英文简历模板

一份出色的Resume,是向外企求职的关键之一。不了解有关的常识和程式,不花费相当的心思来展示,光有纯正娴熟的英文功底,并不能获得用人单位的青睐。在一大堆错误百出、英文表达低劣或平庸、毫无针对性和创造性的Resume中,你的那份若能让人眼睛一亮,成功的机会必将大大增加,下面结合一个具体的例子给出说明和评述。

Balance Sheet基本方法

选择要应聘的工作后,必须看清招聘广告上所列出的每项要求,再将自己的学历、能力与兴趣逐一与之比较,作一张balance sheet。

例如,一则关于marketing management trainee和job requirement是这样写的:

We are looking for a competent person to fill the captioned position:

-University graduate major in Marketing Management. Prepared to develop career in the commercial field

-Outgoing personality

-Able to communicate at different levels

-Good knowledge of PC operations

-Proficiency in written and spoken English/Mandarin

那么你相应地考虑自己的qualification的选择和表述,就可以这样写(与上列各项对应):

-University graduate with major in Marketing

-Having actively participated in Business clubs activities and learned accounting and management

-Good in communication with people and like a lot of out door activities, know how to tackle with people from all walks of life

-Skillful in operating Words, Excel, Lotus1-2-3, etc

-Fluent in English and Mandarin

这个方法的好处是可以让求职者清楚了解该职位是否适合自己,而本身资料又是否切合要求,而且,明白了各项要求后,就可依据每一点在履历表上重点提出自己在该方面的强项。突出卖点(selling point),将之放在最吸引人的地方,使招聘者一眼可见,有利于present自己。

Work experience工作经验的陈述

工作经验是resume中令招聘者相当感兴趣的一项内容,措词得当是不可忽视的要务。

刚毕业,何来工作经验?其实,读书时的兼职、实习、实践,以至所曾参加的一些课外活动,如:协助出版校刊、举办活动、展览、宣传……都可算是工作经验。不过,表达起来要有针对性地展开,列出那些与所找工作有关的项目重点介绍,必要时更可使用summary的方式,以让招聘者深入地了解。

下面的写法显得相当简陋呆板:

2006/7-2006/8 General Clerk, IBM

2007/7-2007/8 Account clerks, Manley Toy Trading

2008/6-2008/8 Salesgirl, Esprit.

倘能换一种表述如:

Three years of job experience in different positions have offered me opportunity: As a General Clerk (IBM),Accounts clerk (Manley Toy Trading), I have learned how to prepare purchasing orders,place orders, handle accounting matter, check voucher,… also (Salesgirl, Esprit) developing the technique of selling, serving and stocking.

就能更好地突出个人工作经验,吸引招聘者的注意力!

Job objective 事业目标

通常,一般求职者只会在履历表开端简单地写上所应征的职位-Position Applied: Management Trainee或I am applying for... 其实,若懂得利用这小小空间写出自己的事业目标(job objective),更能显示出你对该工作的热爱及憧憬,能令招聘者对你加倍留意。

比如这个不错的例子:

Job objective:

To begin as a Marketing Management Trainee, with opportunity to advance to executive level and contribute to the development of firm.

篇5:经销商英文简历

时间过得真快,总在不经意间流逝,我们将带着新的期许,开启新一轮的求职,这时候可别把简历给忘了哦。你真的.懂得怎么写好简历吗?以下是小编精心整理的英文求职简历模板范文|英文求职简历范文中英文,仅供参考,欢迎大家阅读。

本人性格开朗大方,待人友善,语言交流能力强,能吃苦耐劳,具有较强管理组织能力和优秀的团队合作精神。

在多年的从业路上,积累了丰富的工作经验,社会适应能力强。

现在面临竞争激烈的社会环境,我坚信:有信心,有勇气,更主要的是有能力,一定能适应这个社会环境。年轻而有激情的我,不揣冒昧,呈函求职,盼能与贵公司结下不解之缘。倘若能在激烈的竞争中被接纳为公司的一员,则是我的荣幸,我将尽心尽责投入到每一项工作。

篇6:英文简历工业工程师英文简历

1985-Present LEYNER CORPORATION,Lake Charles,LA

Industrial Engineer

Provide floor support engineering in printed wire assembly (PWA) and subsystem assembly (SSA) areas.

Purchase capital equipment.Interface with vendors. Justify expenditures.

Design plant layout fixtures,and flow charts of material.

Program automatic equipment.

Write process sheets and rework procedures.

Recommend changes to product to allow ease of manufacture.

Implement design changes.Inititate methods and process improvements.

Troubleshoot problems.Effect disposition or rejection of material.

Provide assistance to all other departments.

1984 PRUDENCE D. MCHARRISON LABORATORY,Ruston,LA

Engineering Assistant

Conducted variety of tests including Tensile.Compression,and creep tests on molded parts.

Responsible for production of plastic test specimens,and mounting polishing,and microscopic analysis.

Designed tools and fixtures for Instron machine.

1982/83 DUCHESS COMPONENTS,Baton Rouge,LA

Molding Room Attendant,1983

Operated and maintained machine producing epoxy preforms.

Maintained records on inventory,loss of material,and quality control.

Machine shop attendant,1982

Operated lathes,milling and grinding machines;monitored welding and heat treatments.

Read blueprints.

EDUCATION

LOYOLA UNIVERSITY AT NEW ORLEANS,College of Engineering,New Orleans,LA

Bachelor of Science Degree in Industrial Technology,1985

Minor concentration in computer science.

PROFESSIONAL AFFILIATIONS/CERTIFICATIONS

Member,Society of Manufacturing Engineers,Leaner Management Club Certified Manufacturing Technologist and Solderer.

NOTICE

Relevant Work experience is emphasized while other positions are de-emphasized.

Chronological format illustrates a clear career path.

★ 工业工程师英文版简历

★ 工业工程师个人英文求职信

★ 英文Resume的三种格式

★ Cashier Resume收银员简历

★ 工业工作总结范文

★ Resume accounts 会计行业英文

★ 简历(Resume)的写作格式及主要内容

★ 工业制造个人简历

★ 工业安全管理制度

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