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Exhibit 10.4
FORM OF AGREEMENT
SALES AGENCY AGREEMENT
THIS SALES AGENCY AGREEMENT ("Agreement") is made by and between China Direct
Trading Corporation, a Florida
corporation, with an office address at 12535
Orange Drive, Suite 613, Davie,
Florida 33330,
("Agent"), and Sutter's
Mill
Specialties, Inc., a _Arizona corporation with its principal executive
offices
located at 2249 West Fairmont
Drive #2,
("Client"). Agent and
Client may
hereinafter also be referred to
individually as a "party"
and collectively as
the "parties". The effective date of this Agreement shall be July 30,
2005.
RECITAL: Subject to the terms and conditions of this Agreement, Client wishes
to
engage Agent as an independent
contractor and the Agent wishes to be engaged as
an independent contractor to: market and sell Client's promotional,
gift and
souvenir products as more fully
described in Exhibit A hereto, which
Exhibit A
is hereby incorporated herein by
reference. The Client promotional,
gift and
souvenir products shall hereinafter be referred to as the
"Products"). Exhibit A
hereto shall be amended from time to
time by the parties to reflect changes in
the Products.
NOW, in consideration of good and valuable consideration, the sufficiency of
which is hereby acknowledged by the parties, the parties agree as follows:
Section 1. Recitals. The above
preamble, recitals, definitions
and
exhibit are hereby made a part of this Agreement.
Section 2. Agency. The Client
hereby engages the Agent and the
Agent
hereby agrees to be engaged by the Client to perform the following
services as
an independent contractor of the
Client: market, promote and sell the
Products
from time to time in the normal course
of the Agent promoting its own products
and during the term hereof. Nothing contained herein shall obligate the Agent
to
perform any extraordinary or non-customary
marketing or sales efforts for the
Products, or to invest any specific
amount or level of the
Agent's money or
resources or time in marketing and selling the Products under this Agreement.
Section 3. Commissions. The
Agent shall be paid a commission of 10 % of
the total sale of the product to distributors and 15% to end users. Client
shall
provide the Agent a written monthly
accounting of all sales of Products in that
month, which accounting shall be sent to
the Client by the Agent within 15 days
after the last day of the month in question.
Commissions are due with the sales
report. Commissions will
be paid on all
re-orders and upon
the date of
termination of this contract commissions
will continue to be paid for two years
on all accounts initiated
by the agent, including
orders from tradeshows
attended by agent.
Section 4. Confidentiality. (a) The parties have disclosed and/or will
disclose to each
other certain trade
secrets and proprietary
business
information (including, without
limitation, business and
marketing plans;
financial, marketing and product
information; marketing and sales leads and
sources; and business
contacts) which are used in conducting
the a party's
business, gives a party some competitive
business advantage, or the disclosure
of which
could be detrimental
to the interests
of the disclosing party
("Confidential
Information"). When such
information is disclosed, the parties
are disclosing their respective Confidential






