Invisible Terms in Your Contract

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Most contracts contain a choice of law provision.

Typically, a choice of law provision identifies the law of a particular state that will govern the interpretation and enforcement of the contract. This provision is one of the most important and neglected provisions contained in a contract. By choosing the law of one state over another, the parties are, in effect, placing terms in their contract that are invisible to them at the time the contract is signed (unless the party has received advice from his attorney) but that will become quite apparent if the parties become involved in a dispute … Read the rest

Planting for the Future

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“A society grows great when old men plant trees in whose shade they shall never sit.” — Greek Proverb

What trees does MANA plant to help ensure the rep industry’s future? Here’s an example.

Reps struggle to recruit recent college graduates as employees, in part because college classes don’t mention reps. Why don’t college classes mention reps? Because decision-makers who pick the content for college classes have never heard of reps.

Where do those decision-makers gather the content they include in college courses? Academic journals, so this is where we must plant the seeds for trees in whose shade we may never sit.

In 2018 I first met with Trond Bergestuen, a Ph.D. candidate writing his thesis on manufacturers’ representatives. I helped him gather the data he needed to write and defend his thesis and earn his Ph.D. I continued to work with Trond to help him with articles about reps for academic journals.

Trond’s first two articles have been published in highly respected academic journals.

  • “Dual distribution systems: Investigating their effects on independent manufacturers’ representatives’ perceptions of manufacturers,” Journal of Personal Selling & Sales Management, November 22, 2021.
  • “Principal-independent manufacturers’ representative relationships: Review, synthesis, directions for future research,” Industrial Marketing Management, January 31, 2022.

After helping Trond collect the data he needed for articles about reps in North America, I connected him with my counterparts in Europe. They are assisting him with data collection that will allow him to write articles comparing and contrasting North American practices with European practices.

As more articles like these reach academic decision-makers, more information about reps will become part of future college classes. In the future, recent college graduates will know about the rep industry and give us strong consideration as they begin their careers.

I can’t say when we will be able to sit in the shade of the seeds that were planted in 2018, but I can tell you that those saplings have taken root and are thriving.

Meeting the Challenge — Building and Maintaining Relations With Customers Who Are Burned Out

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I don’t know about you, but I’m noticing my customers are burned out and maybe even showing some signs of Post-Traumatic Stress Disorder (PTSD).

Perhaps you’ve noticed it also. Salespeople serve on the front lines to the customer and are better able than anyone else to identify issues firsthand. The deep relationships we have been carefully developing over time allow us to measure the customer’s pulse during each visit. That is a gift — and it’s one we should share with our customers.

So, how do we support and build trust with our customers at a time when they do … Read the rest

Strengthening the Relationship

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It’s hardly unusual that rep‑principal relationships start off very well, but before anyone realizes what’s happening, things begin to sour.

Part of the cause for this disintegration of the relationship is that once reps are signed on, they are all too often forgotten. A bad situation can be exacerbated when principals fail to offer reps any orientation, visiting the home plant is not encouraged or there’s no strategic plan and no real commitment to the rep way of going to market. It would appear that as long as the orders keep on coming, nothing has to be done to maintain … Read the rest

Telephone Selling Tips

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I spent my first six years in sales successfully selling over the phone, making between 200 and 300 hundred calls a day. For me, the phone was an effective way to sell to strangers all over the country. If you use the phone at all, whether it’s initial calls or follow-up calls, here are some tips that will be helpful.

Tip #1: Have a Mirror With the Word “Smile” on It

As you are speaking on the phone you want to look into your own eyes in the mirror as if you are looking into the eyes of the person … Read the rest

Hell Hath No Fury Like a Principal Scorned — Part 2

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Sharp-eyed readers will recall that BI‑QEM, owner and operator of certain manufacturing facilities, was featured in the last edition of Agency Sales for the exceptionally “shabby treatment” it directed at Trade Links, its longtime exclusive rep. “In the lengthy annals of sales rep-principal relationships ending badly,” began the last column, BI-QEM’s conduct “deserves exceedingly prominent mention.”

Rather than clean up its act, in the nearly two years of ensuing litigation, BI-QEM stuck to its guns.

BI-QEM’s First Shot Was Not Even Close

To recap, back in 1999, the parties entered into a Sales Representative Agreement or SRA containing an initial … Read the rest

The Most Revealing Question

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Manufacturers’ representative firms have a lot in common with Olympic rowers. Just to qualify to compete, we have to be fast, agile and impressive performers.

But when it comes to line card profitability analysis, some of us forget what Olympic rowers know: To be winners, you have to regularly take the boat out of the water to clean and wax the bottom. And before the rowers get back in the boat, make sure that all of them still belong on the team.

Instead of doing regular maintenance, we just row harder. Instead of replacing weak line card performers, we just row harder.

Rowing harder instead of solving the problems that drag down your representative firm’s performance is not a solution. It’s a sure way to lose races. And losing isn’t what gets us up in the morning; it’s what keeps us up at night.

— Line Card Profitability Analysis Workbook

MANA’s Line Card Profitability Analysis Workbook is a tool that helps MANA rep members objectively evaluate how much of their time each principal deserves. It’s free to download in the member area of MANAonline.org.

The workbook helps reps objectively gauge how well each secondary line fits with the firm’s primary lines and whether the commission income from each line justifies each line’s time demands.

Objective analysis includes asking questions like:

  • How well does this line complement the rep’s primary lines?
  • Is this line a “door-opener?”
  • Does this line have the potential to open new markets to my rep firm?

But recently, I realized that two more questions are needed to make this analysis complete:

  • Is this a line that gets me out of bed in the morning, or is it a line that keeps me up at night?
  • If I resigned this line tomorrow, would I feel regret or relief?

Regret or relief? The most revealing question you could ask, and one you should ask yourself at least annually.

Working On Your Business Not In Your Business

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The catch phrase “working on your business and not in your business” is almost ubiquitous these days and can be found in just about any article or podcast discussing entrepreneurship.

The term was first coined by Michael Gerber decades ago. The rationale behind the advice was derived from the fact that not all people that start business are actual entrepreneurs. In fact, most are not. Instead, they are skilled technicians that have mastered a craft and have decided to set up shop, despite having little or no knowledge of what it takes to start, manage and grow a business. This … Read the rest

Defining the Word “Value”

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Elsewhere in this issue of Agency Sales magazine, a rep offers his definition of the value that he delivers to the principals he works with. Conversely, a manufacturer recently communicated to Agency Sales how she defines the value proposition.

According to the manufacturer, earlier in her career she was faced with the task of justifying the continued use of her company’s network of independent manufacturers’ representatives. She quickly offered a convincing value proposition that tipped the scales in favor of retaining reps. Her experience serves as a valuable lesson to others faced with the same dilemma.

Here’s how that national … Read the rest

Hell Hath No Fury Like a Principal Scorned — Part 1

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In the lengthy annals of sales rep-principal relationships ending badly, the shabby treatment Elliott Essagof received from his principal deserves exceedingly prominent mention.

The business of Essagof and his Connecticut sales rep firm, Trade Links, LLC, doesn’t roll easily off the tongue. They promote the sale of products in the thermoset and plastics industry, focusing on urea and melamine molding compounds.

For decades, Trade Links represented Claudio Colombo’s companies located in Mexico and Italy. The Mexican facility is owned by BI-QEM Mexico, which Colombo also owns.

BI-QEM and Trade Links entered into a sales representative agreement (SRA) in 1999 that … Read the rest

“Corkboards and Coffee” — 2000 Square Feet of Collaboration Between MANA and the National Hardware Show

MANA and the National Hardware Show recently collaborated to create the first-ever “Corkboards and Coffee” rep lounge at that show. Over 200 manufacturer attendees signed up to have rep attendees visit their booths and talk about representation.

image of rep loungeMissed the show? For a short time you can view the list of manufacturers who signed up to talk to reps at www.nhs22.com/rep-exhibitor-list.

Want a rep’s perspective? Here’s what Chris Semonelli, President, Coated Technical Solutions, CTS Global, Newport, Rhode Island, had to say:

“I just got back from the National Hardware Show and want to congratulate NHS and MANA for collaborating on the … Read the rest

75-Year-Old Soup’s On — Come and Get It!

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image of a soup pot

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A perpetual stew, also known as forever soup, is a pot that is never or rarely emptied all the way, and ingredients and liquid are replenished as necessary. Foods prepared in a perpetual stew have been described as being flavorful due to the manner in which the ingredients blend together, in which the flavor may improve with age. — Wikipedia

The year was 1947. Harry S. Truman was president of the United States, and a group of manufacturers’ reps decided to band together to exchange best practices and elevate their industry’s professionalism.

The best practices that those reps shared in 1947 included protecting their commissions, negotiating rep agreements, and coping with house accounts.

Those discussions were the first ingredients in a perpetual stew of best practices that have been simmering at MANA for 75 years. Since then, we’ve stirred additional best practice ingredients into the pot, including:

  • Writing rep business plans.
  • Finding the best lines to represent.
  • Developing new markets with pioneering lines.
  • Negotiating win-win rep agreements.
  • Analyzing your line card.
  • Leveraging new technologies.
  • Managing house accounts and split commissions.
  • Working with international principals.
  • Forming rep councils.
  • Planning to sell your rep business.

With 75 years of best practices to choose from, the pot eventually started overflowing. So we curated the ingredients into a list of our most valuable best practice resources. The result was two curated lists in the member area of MANAonline.org:

  • For reps: 12 Steps to Rep Professionalism
  • For manufacturers: 9 Steps to Selling Through Independent Reps

The very best from 75 years of collecting the best practices, all in one place and all included in your MANA membership.

It’s food for your brain and for your business success. Soup’s on; come and get it, available exclusively to MANA members.

The Secret to Selling Commodity Products

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It’s very satisfying when the message promoting the value of reps gets repeated by an outside source. Recently, the following came across our desk from a company that provides a matchmaking service for manufacturers and reps. It’s interesting that the benefits cited by this company so closely echo the message that has consistently been repeated for years by Agency Sales and MANA.

According to the company, it’s important to consider the type of product that the manufacturer is taking to market. Off-the-shelf products tend to be sold through resellers. The reseller’s value add is same-day delivery. The more engineered the … Read the rest

Why Voicemail Is So Effective

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“Telephone prospecting is a waste of time, because all I ever do is leave voicemails. Nobody ever answers the phone!”

I hear frustrating words like these from sales reps quite often.

Few topics in the sales world generate more opinions than telephone prospecting in general, and voicemails in particular. Sales reps typically don’t enjoy telephone prospecting, and many get tired of never reaching a real, living decision maker.

Make no mistake; those of us who sell for a living spend a lot of time leaving voicemails.

According to Ringlead.com, the typical sales rep leaves an average of 70 voicemails per … Read the rest

Be Sure Your Sales Rep Agreement Has an Escape Route

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I’ve had many clients over the years who have drafted their own sales representation agreements without the help of an attorney. While I encourage my sales rep clients to negotiate their own sales representation agreements, I strongly recommend that they send me any proposed drafts to review before they are sent to the other side.

The Problem

A sales representative drafting their own agreement will often copy someone else’s agreement thinking that if it worked for their friend, it would also work for them. Not generally a good idea. Many of my sales rep clients are also engineers. My engineer … Read the rest

Registration Opens for AIM/R’s Golden Anniversary

AIM/R celebrates its 50th anniversary this fall at the Gaylord Rockies Resort & Convention Center. The association is returning to its roots and where the first annual conference was held back in 1973, with a theme of Mission Celebrate. Our 2022 Conference Chair, Katie Hubach, CPA, Signature Sales, Inc., hopes you join us this fall in Colorado.
Mission Celebrate, AIM/R 50th Annual Conference image

Registration and housing for the AIM/R 50th Annual Conference (October 12-14, 2022) is open. Check out the program line-up with speakers from inside and outside the industry at www.aimr.net/AnnualConference2022.

What’s new this year? Manufacturers will join us later in the week from October … Read the rest

Manufacturer: “What Am I Doing Wrong?”

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“I need to sell more aluminum die castings,” said the manufacturer. “So I downloaded a list of reps who sell die castings and started making phone calls.”

“Most of them said, ‘I already represent a die casting company, so I can’t represent you,’” he continued. “What am I doing wrong?”

It’s a common question, so I was ready with an answer.

“Reps very rarely represent two competing manufacturers of the same product,” I explained. “Your list probably includes some reps who only have copper and brass die castings and can represent your aluminum die castings, but it is also is going to include many reps who can’t sign up with you.”

“What you need to do is download a list of reps who sell complementary, non-competing products.”

“What do you mean by complementary, non-competing products?” asked the manufacturer.

“It’s probably easiest if I give you an example,” I continued. “Let’s say you’re a manufacturer of nails. So, you search for reps who sell nails.

“They won’t all have conflicts. If you make roofing nails and a rep on your list only sells finishing nails, it won’t be a conflict, but most reps who already represent a nail manufacturer can’t take on your product.

“So, you search for reps who sell fasteners, and you find reps who sell complementary, non-competing products, like screws, nuts, and bolts, but don’t have a line of nails. They call on the right customers, don’t have a line card conflict, and could be a perfect fit.

“But you want to interview a deeper pool of reps, so you give some careful thought to other complementary, non-competing products. Reps who sell hand tools, like hammers, would have excellent contacts to sell nails.

“Ask yourself, and perhaps ask some of your best customers, ‘In addition to my products, what other products do you buy frequently? You should get some good categories to use for your rep search and get the right reps in place to grow your sales.”

Note: The manufacturer’s comments were edited for space, clarity and content.

Jump In, the Water’s Fine (But Here Are a Few Things to Know Before You Do)

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Last year was called “The Great Resignation” and the “Big Quit” because waves of unhappy employees quit their jobs. And all the indicators suggest that this year won’t be different.

Some of these people are jumping right into new jobs, but many are giving themselves time to recover, reflect, relocate geographically and consider new career paths. Seeing so many people taking a breath and considering their options took me back to the days when I did the same and discovered my calling as an independent manufacturers’ rep.

As many people evaluate their options, this seems like the right time to … Read the rest

The Downside of Being Less Than Honest

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A manufacturer with a long and fruitful relationship with reps was asked whether it’s ever been a good idea for her or her agents to hold back information. Without missing a beat, she offered the following: “How could that ever be a good way to operate? If anything, I’d strongly recommend a practice of full disclosure on any and all issues, because isn’t the real foundation of our business relationship built on information, communication, trust and education?”

She didn’t stop there: “How about when we’ve got a new product introduction? Shouldn’t it be of paramount importance for us to let … Read the rest

Legal Issues to Consider in 2022

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For several days in December most years, I clean out the cabinets in my house. I discard items I haven’t used in the past year and make a list of those things I need to fix or replenish. Unless I block out this time, it won’t get done.

While preparing this article, I thought about doing such an assessment for our businesses. As 2022 moves forward, you might want to reflect on the following legal issues.

1. Agreement Among Shareholders of Your Company

If your business has more than one shareholder or member, if for example it’s an LLC, you’ll … Read the rest

Life Insurance for Business Owners

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If you own a business, chances are you’ve at least thought about the conditions under which you will leave the business and who is going to take over after you’re gone. Business continuation is difficult enough under normal circumstances, but if it takes place following the unexpected death of a key person or owner, the complications can increase exponentially.

Company-owned life insurance is one way to help protect a business from financial problems caused by the unexpected death of a key employee, partner or co-owner. If the covered individual dies, the proceeds from this type of insurance can help in … Read the rest

MANA’s Board of Directors Welcomes Sid Ragona

MANA’s Board of Directors is pleased to announce that the rep members have elected Sid Ragona to serve on MANA’s Board of Directors ballot for a two-year term starting May 1, 2022.

Sid Ragona founded Ragona Scientific, LLC, in 2006, and the company has been a MANA member since 2009. Ragona Scientific specializes in nanotechnology from foreign start-up companies that want to sell into the U.S. and Canada (www.ragonascientific.com).

Since July 2020, he has cohosted a radio show and podcast about entrepreneurship entitled Rethinking Business: Success Sauce and Two Pickles (www.successsaucetwopickles.com). He has also been a Certified Score Mentor since … Read the rest

All Your Eggs In One Basket

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In my January editorial, I quoted a manufacturer who regretted a hiring mistake that put $200,000 of his company’s money down the drain:

“My problem is not that I have been searching for direct sales­people and didn’t find qualified candidates. My problem is that after a long search that didn’t turn up qualified candidates, a year ago I got impatient and decided to settle on the least problematic of the candidates who did apply.”

“Between salary, expenses, and medical insurance, I have spent $200,000 on the salesperson I hired a year ago, and I have absolutely nothing to show for it. $200,000 down the drain. That’s why I am calling you today to talk about reps.”*

The manufacturer and I spoke about the benefits of using reps, but only later did I realize what may be the most important reason to use $200,000 to hire 8-10 rep firms instead of one direct salesperson. Not putting all your eggs in one basket.

Spend $200,000 on one direct salesperson, and if that salesperson fails, “$200,000 down the drain.” Spend $200,000 on hiring 8-10 rep firms, and even if one or two turn out not to be a good fit, most of the reps will succeed, and you will still get a good return on your $200,000 investment.

It’s the same reason that savvy investors like Warren Buffet recommend buying shares in an S&P 500 fund instead of gambling on just one single stock: Diversification. A single stock may tank, but a diversified investment isn’t as risky, so your winners will probably outnumber your losers.

That’s another reason manufacturers should spread their sales investment over a nationwide rep network instead of hiring a single direct salesperson.

Because it’s too risky to put all your eggs in one basket.

* The manufacturer’s comments have been edited for space and clarity.

Things Change

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One thing that’s guaranteed in life — things change. Sometimes the changes are significant. For example, just look back at the past two years. Life today differs significantly from what it was in 2019. Other times, the changes are gradual, sometimes so gradual we fail to notice.

In the manufacturers’ representative world, the companies the manufacturers’ representatives work with change. The company name remains the same, but it’s no longer the same company you signed up with 10 years ago. The same applies to the manufacturers’ representatives the manufacturers work with. In some cases, the changes are positive and the … Read the rest

Letter to the Editor

Response to the “Post Covid: The Future for Reps” panel discussion

I wanted to start off by thanking MANA for putting together the panel discussion. I had a few critiques about the call that I wanted to share with you in the hopes that we might revisit this very important topic about the “future of the manufacturers’ representative profession.”

My takeaway from the panel/call was that it focused more on the effects of COVID-19 on our ability to conduct business, some of the changes that were made, and ways they succeeded in the new environment, but seemed to lack any … Read the rest

Conducting Due Diligence

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After participating in a virtual conversation with three of his reps on the continued importance of reps regularly evaluating their principals, a manufacturer offered his thoughts on doing the opposite.

“I annually review how my reps are performing and when I find a problem or determine that something is amiss, I take care of it right away. Here are a few of the things that I’m concerned with.

“Before I even choose which reps to work with, I learn all about their length of tenure in the territory. After that, however, I regularly evaluate:

  • Among their lines, how many are
Read the rest

The Rudest Thing You Can Do in a Virtual Meeting

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I should qualify that title. As you can imagine, there are plenty of inappropriate behaviors that people could display on Zoom or Teams. Some are obvious: taking phone calls, talking to coworkers in the background, forgetting to wear pants (yikes)! In terms of virtual rudeness, I’m referring to the most common etiquette sin many people commit in the first five seconds, without being aware of it.

I’m referring to logging in “late,” and by late I mean arriving at exactly the appointed meeting time. I learned the lesson decades ago as a university student at a business class where they’d … Read the rest

The Force of Force Majeure and Other Contract Performance Excuses in Supply Chain Transactions

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How best do suppliers navigate through the allocation of risk and damage associated with the forces placed on the supply chain by the COVID-19 pandemic?

In order to answer this question, we will need to understand the legal concepts which allow suppliers some degree of forgiveness, under certain circumstances, from the strictures of their supply agreements when unforeseen events prevent their timely supply of goods. Here is a brief overview of the current supply-chain climate and some legal concepts that may be invoked to relieve pressure of supplying needed goods that are in short supply.

Foreseeability and causation are key … Read the rest

How Long Is a Piece of String?

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The manufacturer on the phone asked a question I couldn’t answer.

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© New Africa | stock.adobe.com

“I’m interviewing reps for a territory where my company has no existing business. I understand that a well-established rep can’t work for free, so I am willing to pay a monthly Market Development Fee (MDF). What should that cost?

Great question! So I asked a rep who often accepts new lines based on an MDF. The answer they gave me was puzzling: “How long is a piece of string?”

I asked for an explanation, and the rep happily supplied it.

“The point I am trying to make is that there isn’t enough information in your question to answer it. I need to know what the manufacturer needs before calculating an MDF. For example:

  • “If the manufacturer asks me to make four calls a month on their behalf, the fee could be pretty modest. If the manufacturer wants 15 calls, the fee would be quite a bit higher.
  • “If the manufacturer only wants monthly feedback by phone or text, the fee could be modest. If the manufacturer wants a formal written monthly report, the fee would be higher.
  • “How many salespeople does the rep firm employ? A $1,000 monthly MDF won’t go very far if it has to be split between the salespeople of a 10-person rep firm.

“My rule of thumb for quoting an MDF is to start by calculating my cost to deliver the services they want. Then the MDF has to be at least 50 percent of my cost, so we will both have skin in the game.”

“If my MDF doesn’t fit their budget, then they need to accept fewer monthly sales calls and less reporting. Until I know the services the manufacturer requires, asking me to quote the cost of an MDF is pretty much like asking, ‘How long is a piece of string?’”

Note: This article combines several different conversations, which were edited for length and clarity.

MANA Helps Smooth the Road for Agencies

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Recently I was going through some older business records to see what I could discard. There were copies of commission checks from two principals that I no longer represent.

Principal One terminated me and I terminated with Principal Two. Principal One informed me that I was not bringing in enough new business. This was when the market crashed in 2008. Prior to the market crash everything appeared to be fine. I was never told that I was not performing and there was concern on the principal’s behalf regarding the need to develop new customers. On the contrary, I was actually … Read the rest