Proposed Agency Agreement for a General Agent Applicant for Region 1

PAGSASANAY SA TAGUMPAY

General Agency Agreement Draft

We now have an applicant:

This Agency Agreement is entered into as of  by and between Destiny Financial Plans  having its principal place of business located at Juana Merced Building, Angono Rizal (the “Company”) 

                                                   and

 Gil Aboga and Associates (dapat mag register si utol)having its principal place of business located at Loac Manaoag  Pangasinan  (the “Agent”), both of whom agree to be bound by this Agreement.

WHEREAS, the Company offers customers certain services, Pre Need Plans as authorized by Insurance Commission as described on the document attached hereto as Exhibit A (the “Products”); and

WHEREAS, the Company and the Agent desire to enter into an agreement whereby the Agent will market and sell the Product according to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Company and the Agent (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

1.  AGENCY TO ACT AS INDEPENDENT CONTRACTOR

     The agency is an independent contractor and nothing here shall mean 

      employer employee relationship

     The Agent shall be free using fair and critical judgement in:

     1.  Solicitation of buyers

     2.  Recruitment of agents

    3. Selection of strategies to achieve targets

    with due consideration to the existing laws of Pre Need Code, Commercial Laws 

     and company policies

    4.  The agency shall pay all expenses incurred in the  operation of his agency

2.  ASSIGNMENT OF RIGHT. With certain limitations stated herein, the Company hereby authorizes the Agent the right to market and offer for sale the Products according to the terms and limitations stated in this Agency Agreement.

The Agent shall only market and offer for sale the products within the Territory, as defined in this Agreement.

The Company reserves the right to add to or subtract from the list of Products authorized on Exhibit A attached hereto with notice to the Agent.   The Company may apply to the OIC additional products and services as dictated by the needs of the territory and moves by competitors

3.  TERRITORY. The Agent shall be authorized to market the Product in Region I Philippines (the “Territory”).

              Region I  Towns and cities located at:

                              1. Pangasinan

                              2.  La Union

                              3.  Ilocos Sur

                             4.  Ilocos Norte

                             5.  Abra

     Since the agent represents his familiarity of the memorial business in the entire country, he may be under certain conditions as satisfactory performance of the territory now being given, be allowed to set up  additional branches at Iloilo, Cebu, Davao, Cagayan de Oro, Gen San and even Southern Luzon and NCR

                                  

4.  Non EXCLUSIVITY. The Agent shall be the  non exclusive party authorized to market the Product within the Territory.  Exempted from the coverage of this agreement are   1.  Office sales at Holy Gardens Offices  2.  Office sales at Destiny Sales offices   3.  On line and telemarketing sales by  #1 and # 2

5.   TRADEMARK RIGHTS. The Agent agrees and acknowledges the following with regard to the Company’s trademark:

The Company is the sole and exclusive owner to all right, title and interest in Holy Gardens  or Destiny  Plans or to any other trademarks associated with the Company (the “Company Trademarks”) which the Agent may utilize in performing the services herein.

The Company hereby grants to the Agent for the duration of this Agreement and subject to the limitations stated within this Agreement a non-exclusive, non-transferable, revocable right to use the Company Trademarks as necessary to market and offer for sale the Products within the Territory.

6.  1.  AGENT RESPONSIBILITIES. In marketing and offering the Products for sale in the Territory, the Agent shall:

Meet the agreed targets for the territory (For this purpose, with the assistance of the company and/or its employees prepare a sales/marketing plan.  This agreement shall continue to be in force if Agent has total Plans in force of at least P10,000,000  (333 in one year)  -  minimum business in force required

Maintain a sales force of at least 50 active sellers.  Should it be necessary to have them licensed by OIC the  Company shall assist the  Agent have them licensed. 

Act with diligence, devoting reasonable time and effort to fulfill the duties described herein;   Due diligence must be exercised  on the following areas:

           1.  Accurate and exact product knowledge 

          2.  Sell in accordance with Pre Need Code,  code of conduct for  sellers

          3.  Honesty with regards to money matters and

          4.  Advising them against:  pilfereage of PPA, non remittance of collections

              misrepresentations,  and fictitious accounts.

(Bond from the Agency and the agents)

Maintain reasonable technical and practical knowledge with regard to the Products;  update agency staff on latest product,  promotions and campaign and execute the same properly

Utilize promotional materials provided to the Agent by the Company for the purpose of marketing and selling the Products;

Promptly respond to all communications by customers and the Company regarding the Products;

Reasonably assist the Company with regard to any and all collection matters as requested by the Company; and

Prepare and maintain any reports and documentation, as requested by the Company.

              Specific responsibilities

              1.  Recruit train and motivate sales agents;

             2.  Maintain accurate  personnel record of the sales agents

             3.  Pay promptly their commissions by check cash of bank system

                 as they are paid

            4.  Employ accounting and records staff to:

                1.  Fill up accurate PPA  and keep files thereof

                2.  Submit daily sales report to the  designated sales office cc

                     Main office

                3.  Maintain abstracts of collection cc sales office and main office

                4.  Have collection by agents, at the Agents Office promptly deposited

                     at designated depository bank

               5.  Consolidate cash collection reports which include 4 and those

                   G cash or bank to bank payments

               6.  Collection of current accounts and account in arrears (as all 

                   commission is based on collections (Cash Received)

               7 . Nothing in this agreement shall mean that the Company shall

                   provide supplies, office equipment or office to the Agent

             The agent shall allow periodic viewing and verification of its files of contracts

              policies, deposit slips and the like for verification.

      6. 2 COMPANY RESPONSIBILITY

            1.  The company shall set up a branch office to work side by side with

                the  agency to receive reports, remittances if any, and ppa

            2. Provide marketing materials:  brochures, marketing collaterals tarpaulin, 

               electronic brochures and videos to support sales efforts

           3.  Pay commissions and other remunerations as specified in #7

          4.  Furnish in a timely and prompt manner any changes in policies

          5.  Take charge, coordinate first call and providing guaranteed service to 

              the customer to the satisfaction and delight of the latter

7.  COMMISSION. The Company shall pay to the Agent (70%) of all Net Product TCP directly from the Agent’s efforts within 14 days from receipt of SOA supported by Sales Reports (every 15 days), copies of PPA and deposit slips “Net Product Sales” shall be defined as the amount of sales revenue from any sales made by the Agent less any chargebacks, returns, or defaults by customers.

Should the Parties terminate this Agreement for any reason, the Company shall pay the Agent only for sales of the Products made prior to the termination date.

In the event that the Agent receives commission payments for orders that are subsequently refunded, charged back, or the Company otherwise fails to realize the income from such a sale, the Agent shall offset any future commissions paid by the amount by which the commissions actually paid would be reduced if the sales associated with income the Company failed to realize were never completed.

Payments shall be made to the Agent on or before  5th and 25th of every month 

All Commission shall be paid on the first year of PPA; therafter the collection fee

shall be paid by agency

                   Commission         -   10%

                   Overhead              -    4%

                   Collection fee             3%  (for accounts over 1 year

                   Prizes:  from              1 to 2 %

  The agent shall exercise equity and fairness in the payment of commissions as suggested in other documents.   The Company shall not be responsible for disagreements and uprising among agents should such fairness not be exercised

7.   NO EMPLOYEE EMPLOYER RELATIONSHIP

      Nothing in this agreement would mean that there exists an employee employer, relationship by and between the Company and the Agent and/or its

employees, agents/sellers and the like.  The Agent shall conform to the existing labor laws and laws on employee welfare.   

8.  PROHIBITIONS

          1.    CONFIDENTIALITY.

The Agent shall not disclose to any third party any details regarding the Company’s business, including, without limitation any information regarding any of the Company’s customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Immediately upon termination of the relationship between the Company and the Agent, the Agent shall return to the Company any documents pertaining to the Company’s business or any of its trade secrets which are in the Agent’s possession.

      2.  NON COMPETE CLAUSE

     The agent shall not work either as consultant or direct agent, or part time 

     worker of a competitive pre need company (there  are 16 in all) for a period of 5

     years upon termination of this agreement

       3.  Other negative covenants:

            1.   Agent shall not enter in any way to put company into indebtedness

                 liability without the Secretary's Certificate as approved by the Board

                for such an agreement;

            2.  Misrepresent material facts about the company or its products;

            3.  Commit any or acts causing damage to the product or company. 

           4.  File any case involving the company without the latter's consent.

           5.  Pay any claim without prior approval of the company

           6.  The funds that may in custody of the  Agents,  office, himself belong

               to the company (the customers, lenders, stockholders, employees,

              agents  and are held by the former in trust/fiduciary  capacity, and shall

              not be intermingled with personal funds, nor used for personal purposes.

              All funds so collected shall be accurately and promptly reported and

              remitted to the company accounts

        7.  The PPA, PR and OR in the custody of the Agent belongs to the company

             shall be inventoried and reported  periodically.  In case of termination, 

             forms shall be returned immediately to the company upon demand

        8.  This agency agreement is non transferable to a 3rd party.  

9.   TERM AND TERMINATION.

This Agreement shall commence upon the date of execution and continue until either Party terminates this Agreement in writing.

Upon such termination, the Agent shall cease marketing and offering for sale the Products and shall continue to abide by the obligation refrain from sharing with any third party any of the Company’s confidential information.  Valid reasons for the termination:

          1.  Defalcation of cash in  custody

         2.   Non submission of regular abstracts, sales report 

         3.  Non meeting of  minimum plans in force

11.  INDEMNIFICATION. The Agent agrees to indemnify, defend, and protect the Company from and against all lawsuits and costs of every kind pertaining to any violation of the law, this Agreement, or the rights of any third party by the Agent while acting pursuant to this Agreement. Such costs include but are not limited to reasonable legal fees.

12.     NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. Either party may request  in writing for modification/amendment of this agreement 

13.APPLICABLE LAW. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the Philippines  and subject to the exclusive jurisdiction of the Municipal Trial Court of Angono or Regional Trial Court of Binangonan

14.   REPRESENTATION AND WARRANTIES

       1.  Agent represents that he has the  desire, experience and capacity 

            to comply with this agreement

      2. That he is well versed in the laws governing the sale of memorial plans

          and insurance products (Pre Need Code of the Phil)

      3.  That the agent discloses, at the risk of having potential COI the following busine-
           sses that may deal with the company:

                     1.  Funeral homes at Manaoag Pangasinan
                     2.  Manufacture and sales of casket
                     3.  Manufacture and sales of urns, and keepsakes for cremation

IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.

Destiny Memorial Plans Inc                                             Gil Aboga
COMPANY                                                                       AGENT

by:                                                                          

________________________

Acknowledgement

Republic of the Philippines )
Municipality of _________)
Province of ____________)

                    Before me, Notary Public of  ___________________personally appeared
      the following known to me to have accomplished this General Agency Agreement
       consisting of  __ pages at the place mentioned

                  Name                                  ID                            Date and Place Issued
________________                 _________________           __________________
________________                 _________________           __________________

Building a career on selling Destiny Plans White Rose at Region 1 and 3

PAGSASANAY SA TAGUMPAY

Option:   Can Mr. Mt be shifted/shunted to only sales job, ie directing sales of prepaid services most especially   Pre Need, Pre paid services at SCC, and Destiny Plans  White Rose the best seller, up to Region 1 and 3 as he had done before

  Goals:             

 Year             Number            Amount                             SF size

   1               2,000              60,000,000                          35

   2.             4,000             120,000,000                          75

  3               6,000            180,000,000                           110 

  4,              8,000            240,000,000                           145

  5.           10,000             280,000,000                           180

Suggested areas

  1            SCC and vicinity:             SCC, Malasiqui, Calasiao, Sta Barbara

                                                     Bayambang 

2.            Middle Pangasinan            + Villasis, Urdaneta, Binalonan, Manaoag

                                                      Mangaldan

3.           Tarlac                                Gerona, Tarlac City San Manuel

                                                       Concepcion Capas Paniqui Camiling

4.           Pampanga                          Angeles, ,San Fernando, Mabalacat

                                                      Mexico Apalit

5.          Bulacan                             Malolos, Baliuag, Pulilan San Rafael

Compensation:

1.  Allowance plus ORC based on sales/NCR

    P0.00 to      P1,000,000          0.0025%

     P1,000,000 to P5,000,000     0.005%

    P5,000,000 to P10,000,000   0.0075

    P10,000,000 up to P50,000  0.01%

    P50,000,000 above             0.0125%

    NCR amount                  

                                                                   Total 

    Year 1   12,000    Net  -  6,000               P6,000

    Year 2   12,000   +       P6,000              18,000

    Year 3   24,000  +          6,000               30,000

    Year 4   36,000  +         6,000                 42,000

     Year 5  48,000  +         6,000                 54,000

   Estimated  Annual Income                    Monthly

    1.     15,000                                           1,250.00

    2.    135,000                                        11,250.00

   3.     300,000                                        25,000.00

   4.    420,000                                         35,000.00

   5.    540,000                                         45,000.00

Dare to Dream? Gusto, Kaya.

Talk to me prepare a marketing/sales plan on how to achieve this

 And be prepared to discuss talk to me about this

    

     

Minutes of disciplinary interview with a ACMO at Region 1 regarding communications, preparing PDCA

TO       :   Hr

               Group Head-  New Project  - 

Question to be answered:

     How can the performance:  productivity and professionalism process of the new project be leveled up, improved

    IT IS ALL ABOUT BEING BETTER (5 PS:    PROFESSIONALISM, PRODUCTIVITY PROFIT, PROCESS AND PERSONAL IMPROVEMENT)

Situation, background reality

    1.  Very low sales the reason being the 3f has not approved the extension of 

         0 interest;

    2.  There are no additional staff the reason being that 3ffb has been slow to 

         act on applicants (the applicants sent did not pass qualifying exam).  We have

         approved the lease including the equipemtn

   3.  The response on Capt  Mou has been US (Unsatisfactory)

   4.  The PDCA sent on #1 was insufficient and there were comments:   the incumbent says that he has not corrected the same because there were no comments.yet.  But the comments were sent as soon as the first PDCA was sent.  When the comments were resent, the  incumbent insisted that he  has corrected but he hasnt.    Because:  the goals were not clear, the cost benefit analysis is non existent:  ie comparison with old dev cost and new dev cost after buying the drainage outfall at whopping 2.7 million

       There is  late email today, "Akala ko di nabasa pa March 15 email."   Even the March 15 was incomplete.!! 

  5.  It appears the emails are not being read (on the PDCA) and on responsibilities of CSS 2 and SFC.  The incumbent and their staff have not responded (as is the case of majority with regards to text and emails)

COMPLICATIONS/RESOLUTION

     A telecon was conducted by  and among the incumbent, SMD and director in charge of new project.

1. Was the email regarding Admin Plan of SFC and CSS 2 read?

    The incumbent said that he all ready instructed the staff to answer the email:

    COMMENT:

       1. IT IS NOT ENOUGH NA NASABI NAINSTRUCT.  The head must follow up and see to it that his instructions have been carried out.

    BESIDES AS WAS WRITTEN, the CMO has the primary responsibility over use  of

    cell phone and emails.  Therefore again as is often mentioned:  "The incumbent is 

    not aware

      2. Can he make his subordinates obey.  He said " I will talk to ______ (nickname -  therefore friend niya staff) His main focus is friendship rather than execution

      3.  Did the CSS 2 read the Administrative Plan where it is written in red that there 

      are certain deadline to be observed in finishing the IF.  The incumbent again could 

      not answer (because he has not read the  adminstrative plan and therefore could

      not be aware.

2. Preparing PDCA:

    1.  Does he know how to prepare a PDCA.  The process is described in the

         admin plan:

    2. Deficiency:

       1. Hindi clear ang inventory:  beginning, sold, ending inventory: total amount

       2.  Ano ang iextend:

           1.  How many plots?

           2.  Ano location

          3. Duration

    3.  Cost benefit analysis: (not discussed with the incumbent)

        Under the  pre Gonzales purchase, the development cost would be P91 million,  under the post Gonzales, development cost would be P57 million

              10,000 plots x 40,000/plot

      Gross Sales                      400,000,000             400,000,000

      Net Lot sales                     192,800,000            192,800,000

      Development cost                91,000,000              57,000,000

      GP                                   101,000,000             135,800,000

     Gain:                                                                 34,800,000

     The remaining inventory for the first part is about 1,400,x 30k  = 42,000,000

                        interest for 5 years at 5% per annum = 25 %         10,500,000

                        possible promo price expense 

                        % of the amount gained with the 0 interest  10,500,000/34,8000,000

                                                                                             =   30%

                     Is this justifiable:    throwing away 30% of what was gained in 

                     a project which involved purchase of property?   Was it worth throwing

                     away P10,000,000.

     This is not clear in DSM PDCA

SOME RESOLUTIONS:

1.  HR the cmos must be strictly enjoined to read and answer emails.    Allowances disbursement is our tool to leverage them to comply.  Do this well

2. Responsibilities for incumbent or entirely removed. be lessened and we seriously consider ending his employment for being irresponsible and irreverent; and frequently answering not being aware.  That he agreed to have MRS finish the PDCA is serious admission of incompetence 

3.  Dapat the incumbent trained him well. The trouble with HR and CDC they were not submitting progress report of training and the HR, including MC who failed on this assignment must be severely censured.     T he current CMO must be censured for not doing a good job of training (well makasarili din)

4. Let us not over estimate (as I did ) the capability of ex big company officers. They are just small cogs in a big wheel and then all of the sudden they have big responsibility.

5.  We have to grow our own officer.  It takes time and accelerated MT program does not work.

6.  Let us not only censure the current CSS but also subject him to CCD on record

THIS OFFICE AS OFTEN SAID BY PRRD30, WILL DESTROY IF YOU ATTEMPT TO DESTROY THE COMPANY I FOUNDED

FOR COMPLIANCE

P.S.

1.  In the immedate dismissal interview conducted last Monday March 26 2018 in their office:

     (and it was a big mistake in hiring, and being lax in having a training monitoring -  not done
       by current and past HR)
       1.  incumbent could not accept multi tasking;   and insists that the other assignments  are
            not his.  After we discussed "How to be a no limit person"

      2.  that he harbored ill feelings very negative towards superior;
      3.  that he did not consider corrections as learning and was very egoistical ie that he could
           not do wrong;
      4.   that he used his leadership to lead his troops to failure and being negative
      5.   he did not act the way he should at his level, despite training, mentoring training
            materials sent

    2.  That being ungrateful he and his kabaro would experience hardships and difficulties in life

We will discern applicants very well and interview him/her in depth and stay in touch until
puwede nang pakawalan.  Knowing the applicant well is important -  skype and distant interview
may not be enough.

   3.  That 3f jm staff, may be HR contributed to miscommunication and did not report the seeping
         seething negativism.   It did a very unsatisfactory job and must be replaced ASAP.   Hindi
         na nga nagperform, nakagulo pa.

HR MUST BE TRUSTED AND IT MUST DO ITS JOB WELL.

       

--

PAGSASANAY SA TAGUMPAY (Training for Success)

SETTING THE STANDARDS IN INTERMENT SERVICE

Innovation creates more wealth and more customers

  Jorge U. Saguinsin

  Be a BIDDA now

  RRURAC   (Read, Reflect, Understand, Realize Act, Check)

   Please visit the following sites:

   

   Free Obituaries for Friends of Holy Gardens

   Free Obits for Holy Gardens Customers

   Archives for Holy Gardens Tributes

   Birthdate and death date anniversaries of dearly departed

   Holy Gardens Rewards

   Patsikot/SUV Promo

Notice:   This email address is a private property of Holy Gardens Group and its contents are private and confidential.    Its contents and attachment  may not be copied nor forwarded to parties other than the ones intended to,  nor can the contents be used other than the original intent  You are advised to delete the message you received if in case it may have been wrongly sent to your good office