MSM Exclusive Territories
June 20, 2007
Last Revised: May 23, 2012 4:50 PM
Dear Mr. Karl Loren,
From MSR Ayyangar, Supplier of MSM sold by Vibrant Life
I want to take this opportunity to introduce Mr. Michael Moon of M/s. Emco Tech Co. Ltd., South Korea, who is appointed by us as our marketing & distribution associate for South Korea, Singapore, Malaysia, Indonesia & Thailand.
As already informed to you -- as per our agreement with Mr. Michael Moon -- they will ensure that my MSM sold to them shall not either directly or indirectly enter USA, Canada & Australia, which are under your jurisdiction.
Reciprocally, you may refrain from supplying our MSM to any company from the territories under the jurisdiction of Mr. Michael Moon.
Both of you may redirect to each other - any prospective client for MSM who approaches you directly from the other's territory - under intimation to me to uphold the ethics of our trilateral association.
Dear Mr. Moon,
I want to take this opportunity to welcome you as a new colleague and associate of MSR Ayyangar in Mumbai, and to congratulate you on your new relationship with MSR relative to MSM.
I fully agree with MSR's description of our joint responsibilities as described below.
I am very pleased to offer my services in the form of data or advice for your marketing.
For one thing I have more than 100,000 web pages published on more than 50 web sites. There are some thousands of pages about MSM. The primary web site for MSM is www.bulkmsm.com there are others. My selling prices have not changed for many years and have been published on this page: http://www.bulkmsm.com/bulkmsm/index.html
I hope you may find information of use and value on this or others of my web sites.
There are two details of cooperative marketing and mutual agreements to refrain from unwanted market intrusion I now mention.
While I would now never expect to sell any MSM into the areas for which you have the exclusive rights, I do offer my MSM on the internet and there are at least two instances where some of my MSM may intrude into your territory, and yours into mine:
1. It would always be possible for someone in either of our exclusive territories to buy from one of us and then sell or ship into the other territory without our permission or even knowledge. Neither of this can prevent this from happening, but we can be reasonably aware of it when we detect it and take steps to discourage or even refuse to sell further to any such person. Any volume of such sales should be low in quantity.
2. It would also be possible for either of us to inadvertently make a small sale, particularly if you do internet marketing, where the buyer originates in the other person's territory, but his order is handled at some level in our respective organizations where someone misses the fact that the order comes from the "wrong" territory. I assume that any such would be minor and that either of us would politely inform the other when and if we discover this and that each of us would increase our internal control and Policy to prevent more of such.
It should be easy for each of us to avoid negotiations with or sales with large buyers. I do not particularly solicit for distributors, but when and as I do, any prospects who are in your territory would be referred to you with no hesitation.
I'm comfortable that you would do the same.
I would expect that both of us would ensure that any distributors either you or we do have, understand that they are not permitted to sell into the territory of the other. This, too, may be hard to detect if it happens and possibly even complex to handle and prevent. I can only assure you that you should not hesitate to inform me of any instances where it appears this is happening so that I can correct the situation. I would do the same for you. I suspect this will not be a common occurrence.
I have one distributor in Australia who normally buys at least one ton at a time and a few smaller distributors in Europe who buy hundreds of KGs, but seldom tons in one purchase. I have no hesitation to give you their names and ask you to inform me if you find any of their merchandise appearing in your market. I'll have to go through my files to get those names accurately. Kimberly Withey is my Shipping and Sales Executive and by my copy of this message to her I expect her to help both of us keep this agreement in place.
I ask her, also, to inform each of those distributors to avoid marketing into your territories.
Quotes from L. Ron Hubbard are copyright 1994 © by the L. Ron Hubbard Library. All rights reserved.