Looking for a Way to Network With Fellow MANA Members?

The past year and a half saw a radical change in how we communicate with each other. As time goes on do not expect to go back to the way things used to be. Instead, look forward to new and improved ways to communicate with each other. In addition to person-to-person meetings, members will use a variety of online platforms, not only to build and strengthen customer relationships, but to network with fellow manufacturers’ representatives.

In the first decade of the 21st century, MANA members met through local chapter meetings, about two dozen scattered around the U.S. and even in … Read the rest

Moving the Needle on Shared Market Development Fees

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Last week a MANA rep member thanked me for MANA’s work to champion Shared Market Development Fees (SMDF). In recent years, said the rep, manufacturers have become more and more receptive to SMDF, which he credited to MANA’s efforts to familiarize manufacturers with SMDF.

SMDF are monthly payments a manufacturer pays to a rep when the manufacturer needs that rep to pioneer a territory without existing sales. Because it can take a year for the first commissionable sales to close where that manufacturer’s product is unknown, the manufacturer pays part of the rep’s costs for pioneering activities.

MANA began championing SMDF because manufacturers with no market presence often ask reps to introduce unknown brands into their territories without compensation because: “You’re in there anyway, just add us to your sales call.”

“No,” MANA explained to manufacturers. “Customers give reps limited time during a sales call. So they lose income if they take time from a principal that generates commission income to talk about a principal that doesn’t.”

Later, we discovered that SMDF might benefit manufacturers even more than reps.

Why? Because professional reps with full line cards were always out of reach to manufacturers with lines that required pioneering. But SMDF can make reps who would never before have considered pioneering a line accessible to manufacturers who want the best reps to launch their brands.

Win-win for reps and manufacturers. That is what MANA is all about.

What else has MANA learned about SMDF? Written SMDF agreements are crucial so each party knows the other’s expectations, for example:

  • How many sales calls on the manufacturer’s behalf does the principal expect?
  • Does the manufacturer expect a monthly report on the rep’s activities? How detailed and how formal does that report need to be? Would phone calls and texts suffice?

MANA is proud to have moved the needle on SMDF. Want to share your SMDF experiences or suggest how MANA can move that needle further? Reach out to me at [email protected].

The Importance of Professionalism

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One of the benefits of serving on MANA’s Board of Directors and the Health Industry Representatives Association Board of Directors is that I get to meet and speak with many other manufacturers’ representatives. They have lots of different ways to go to market, and the products they sell serve many different industries — but they all have one thing in common: They are proud sales professionals.

Each of them expresses their professionalism in their own way, and I would like to share with you some things that I have learned about professionalism from my counterparts who span so many industries … Read the rest

Tips for Restarting a Rep Council

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Over the course of several virtual networking presentations conducted by MANA during the last year, one subject continued to raise its head — rep councils.

Combining several conversations that transpired among manufacturers that tuned in to the presentations, one that remains pertinent was an exchange between two manufacturers, one of whom was looking for tips on how to restart his council after a lapse of several years. The advice from the other manufacturer was: “The best place to start is to look to your beginnings. Don’t build on what you did previously. Take a look at what your problems were, … Read the rest

How to Get Your Audience to Fall in Love With Your Virtual Event

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Do you remember April 1, 2020? The entire world was in lockdown, and at Objective Management Group (OMG) we had just 10 days to figure out how to convert our annual four-day international conference for sales experts to a three-day virtual event over Zoom. The 200 in attendance loved it!

By late last summer, we knew full well that our 2021 conference would also be virtual. The difference was that we would have seven months to prepare, and we wanted to optimize the conference specifically for a virtual event. How was it different from what we accomplished a year earlier? … Read the rest

Fixing Rights and Responsibilities

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I, like many lawyers, advise my clients to document what the deal is with the principal in a written contract and amendments to the contract, so that each party can consult the contract to determine what each party’s rights and responsibilities are and, where the parties have some dispute they cannot resolve, a judge and a jury can do likewise.

However, in giving this advice, I stress that documenting each party’s rights and responsibilities is not enough. The sales representative must also make certain that each party’s rights and responsibilities under the contract are settled and fixed, preferably in plain … Read the rest

What Is a SIMPLE?

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There are many types of employer-sponsored retirement plans.

One that may appeal to small businesses and to self-employed individuals is the savings incentive match plan for employees (SIMPLE) because, as the name implies, it is easy to set up and administer, and employers are allowed to take a tax deduction for the contributions that are made.

SIMPLEs can be established by small businesses that have 100 or fewer employees (who were paid at least $5,000 or more in compensation during the previous year) and do not maintain other retirement plans. They can be structured as an IRA for each eligible … Read the rest

We Knew It Couldn’t Be Done

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Until We Had to Do It

Experts tell us that after 18 months of quarantines and pandemic, “The New Normal” is coming.

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Part of that “new normal” will be that things we “knew” could not be done, pre-pandemic, actually could be done. Quarantines and a pandemic have forced us to accept that some of the things we thought we couldn’t do were really just things we didn’t choose to do.

Let’s consider the example of a prospective customer inviting a rep to visit and present one of their principal’s products, pre-pandemic. What would have happened if the rep had suggested a Zoom video chat instead of a personal visit?

The prospect would have been highly insulted. “What, so I am not important enough to visit?”

The rep probably would have lost that opportunity right away. And if the prospect complained to the rep’s principal, the line could even have been in jeopardy.

Pre-pandemic, we knew that presentations had to be done in-person. That was that way we always had done it, so that was the way it had to be done.

We knew that presentations had to be done in person until we couldn’t have face-to-face meetings anymore, and then reps found creative, non-contact ways to take care of customers and principals.

Another example of the things we thought we couldn’t do that were really just things we didn’t choose to do was many employers’ mandates that employees “had” to work from employers’ physical offices. “You need to be here for meetings. If you worked from home, I couldn’t keep an eye on you. We need the staff together to build camaraderie.”

Until the day that those employers announced, “Everybody grab your laptops, go home, and figure out how to make this work.” Home offices not only worked, they often actually improved productivity.

As the “new normal” approaches, one of our lessons learned from the past 18 months is to look hard at things that we “know” can’t be done, and remember how many other things looked like they couldn’t be done right up until we did them.

Direct Sales Employees vs. Independent Manufacturers’ Representatives

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Manufacturers have a choice when it comes to selling their products or services. They can hire direct (W2) sales employees or outsource the sales function to independent manufacturers’ representatives (1099 Independent Contractors). Which makes the most sense?

Some people use economics to make the choice. Which alternative costs more?

When you hire a sales employee, you cover their basic compensation (salary, bonus), their health insurance plus all the withholding associated with the compensation (Social Security contributions, Medicare, etc.).

When you outsource the sales function to an independent manufacturers’ representative, you only pay them a commission when they book orders for … Read the rest

Conducting Effective Sales Meetings

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Earlier this year, MANA addressed the subject of conducting more effective sales meetings for its manufacturer members.

At the outset of a MANAchat moderated by MANA President and CEO Charley Cohon, it was emphasized how an effective sales meeting can go a long way in creating an environment where a rep will truly want to work with a manufacturer and devote more time to a line than might be justified by the commission paid.

“What it comes down to,” according to one chat participant, “is that you’re competing for your rep’s mind share, and effective sales meetings can help you … Read the rest

Toying With Rep Over Post‑Termination Commissions Ends in Game Over for Opportunistic Principal

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Tech 4 Kids, Inc., makes toys, but was unable to play to U.S. retailers.

So T4K reached an oral agreement with Northern Group, Inc., an independent sales representative with offices in the Midwest, to promote its toy products. With no T4K market share, the parties understood that Northern would have to enter “pioneering mode” because it would take years to generate sales.

The Parties Reach an Agreement and Northern Sets Out Creating Demand

The oral agreement, reached in 2008, provided that Northern would receive a five percent commission on sales it procured for T4K. Not surprisingly, the parties never discussed … Read the rest

How Long Will It Take to Double My Money?

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Before making any investment decision, one of the key elements you face is working out the real rate of return on your investment.

Compound interest is critical to investment growth. Whether your financial portfolio consists solely of a deposit account at your local bank or a series of highly leveraged investments, your rate of return is dramatically improved by the compounding factor.

With simple interest, interest is paid just on the principal. With compound interest, the return that you receive on your initial investment is automatically reinvested. In other words, you receive interest on the interest.

But just how quickly … Read the rest

Registration Is Open for AIM/R’s 49th Annual Conference in San Diego

AIM/R 49th Annual ConferenceThe Association of Independent Manufacturers’/Representatives, Inc. (AIM/R) is pleased to announce that registration for the AIM/R 49th Annual Conference is open! If last year was about pivoting, it’s all about resilience this year. We have moved through a time of deep change. Yet, our industry has proven itself to be resilient and battle tested.

We are looking for a few good men and women to partake in face-to-face training in San Diego. Might you be one of them?

Reconnect and recharge with your colleagues in 2021. Commit to being in San Diego for the AIM/R 49th Annual Conference. Manufacturers attend … Read the rest

Why Didn’t I Call You Back?

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“I get plenty of voicemails, and I actually return lots of those calls,” explained the anonymous executive. “When I don’t return a call, it’s often for reasons like these:

  • “You called four times without leaving a message. Each time you called, you disrupted the call I was on as my phone prompted me to choose between your call and my current call. To keep you from disrupting more calls, I blocked your number.
  • “I called back, but you screen your calls, so you didn’t answer. Your next message to me was, ‘Sorry, I didn’t recognize your number, so I didn’t answer.’ You only get to waste my time once. Number blocked.
  • “I called back and left a voicemail. Your return voicemail to me starts, ‘I see you called, but I didn’t listen to your message.’ You called me, but you are too busy to listen to my voicemail? Number blocked.
  • “I called back. Your voicemail answers robotically, “You have reached 312-555-1212. Leave a message.” If I don’t hear your name, maybe I misdialed. Suddenly it became just too much work to return this stranger’s call. Never mind.
  • “You called me from 312-555-1212, but your voicemail asks me to call you back at 708-555-7834. Call me from the number you want me to call back, and I can return your call with one tap. I was already on the fence about returning your call, and you made me write down your number. Never mind.
  • “The voicemail you left for me is a mumbled name and a phone number spoken too quickly for me to write down. I don’t have time to listen to a message over and over to capture the digits.
  • “The number you asked me to call is answered by a call screening app. I am supposed to wait while Nomorobo decides whether or not to put my call through? Never mind.

“If I didn’t return your call,” concludes the executive, “now you know why.”

Speed Is My Secret Weapon

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“I feel the need, the need for speed.”
— Maverick, Top Gun

It happens every time someone sends you an email. It happens every time someone leaves you a voicemail. It happens every time someone sends you a text.

Every time someone reaches out to you, that sender’s internal clock starts ticking.

  • Reply quickly, and what the sender hears is, “Impressive response time, I must be a VIP.”
  • Reply soon enough, and the sender hears, “Pretty good, I am among this person’s valued clients.”
  • Reply eventually, and the sender hears, “I am not a priority. Maybe I can find a
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Tips for Getting — and Keeping — the Rep’s Time

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Getting and keeping a fair share — if not more — of the rep’s time in the field remains a challenge for manufacturers. At least that was the consensus of half a dozen manufacturers who were queried in telephone and email interviews. To follow are some of the typical responses to the question: “What’s your major concern with working with reps?”

  • “If we’re going to represent 25 percent of the rep’s income, then I want a quarter of his time in the field.”
  • “We want to know that we’re high on the rep’s line card and that he spends the
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Contract Terms Matter — a Refresher

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A sound example of a small business that exemplifies the entrepreneurial spirit is the independent sales representative (referred to in this article as the “sales representative”).

Sales representatives work hard, at their own expense, in soliciting and developing business for a principal. They are skilled at developing relationships and promoting a principal’s product. Regrettably, in some situations, a sales representative only takes a cursory look when a principal presents the sales representative with a Sales Representative Agreement (referred to in this article as the “SRA”). A sound SRA can benefit the sales representative in the midst of and after its … Read the rest

What Key Estate Planning Tools Should I Know About?

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By taking steps in advance, you have a greater say in how questions regarding your estate are answered. And isn’t that how it should be?

Wills and trusts are two of the most popular estate planning tools. Both allow you to spell out how you would like your property to be distributed, but they also go far beyond that.

Just about everyone needs a will. Besides enabling you to determine the distribution of your property, a will gives you the opportunity to nominate your executor and guardians for your minor children. If you fail to make such designations through your … Read the rest

ERA Elects New Officers for the 2021-2023 Term

The Electronics Representatives Association (ERA) has announced that its board of directors elected new national officers for the 2021-2023 term during its March 4, 2021, meeting. They are:

  • Chairman of the board — Chuck Tanzola, CPMR, of the Fusion Sourcing Group
  • President — John O’Brien, CPMR, of Coakley, Boyd and Abbett
  • Senior vice president / fiscal and legal — Tom Griffin, CPMR, of Catalyst Unity Solutions
  • Senior vice president / membership — David Fitzgerald, CPMR, of WESCO Sales Group, Inc.
  • Senior vice president / education — Ellen Coan, CPMR, of C C Electro Sales, Inc.
  • Senior vice president / industry
Read the rest

Flextime

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You have heard it from MANA, from manufacturers, and from reps. In the new normal, manufacturers that sell through reps have significant advantages over manufacturers with a captive sales force:

  • In uncertain times, customers don’t take risks with untested vendors. They turn to trusted, proven resources for the products they need to keep their companies running. And, more likely than not, those trusted resources are manufacturers’ reps who may have a decade or two of history with their customers.
  • When customers’ buyers and engineers abruptly had to pull up stakes and work from home, regular communication channels often were disrupted. Only trusted, proven resources like manufacturers’ reps were entrusted with customers’ personal cellphone numbers and permitted to text as needed to keep customers up-to-date with information about mission-critical products they need to keep their companies running.
  • Face-to-face video chat appointments are granted only to those same trusted, proven resources. A stranger’s request has a slim-to-none chance of getting a video chat appointment. So if your product needs face-to-face demonstrations, but you don’t have trusted, proven rep resources as your salesforce, you are out of luck.

But there is another aspect of the new customers-working-from-home normal that has not gotten much attention. It’s flextime.

Let me explain.

Customers who work from home have discovered that their jobs are to get their work done. But not necessarily between 9 a.m. and 5 p.m.

What does having customers working unconventional times of day mean to reps? I rarely see a rep who doesn’t check emails outside conventional office hours. Reps are there when customers working flexible hours need answers. When there is an emergency, customers know that reps reply faster than manufacturers, who will likely respond during the next business day.

Reps, go ahead and strut your customer-first attitude. It’s flextime.

The Importance of a Contract

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A fellow sales representative on the West Coast, who happens to sell for the same principal that I do, recently phoned to let me know that the company management wanted to know from her, why I did not want to renew my contract. My initial response to her was “Why are they asking you, and not me?” I guess I shouldn’t have been surprised this took place given everything that has happened over the past two years.

This exchange occurred after my best principal — the one who inquired about the contract, and the one I made the most money … Read the rest

Making the Move — Properly

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It’s hardly uncommon for sales and marketing executives to move to new companies every couple of years. Some do it because the road to the top in their company is blocked. Others do it because they are unhappy with their present jobs. And some do it simply because they become bored very easily once they accomplish what they set out to do.

Whatever the reason, when marketing people who manage a team of agents leave, they often cause chaos in the field without knowing it. Being an agent is living life on the edge of uncertainty. Commission checks are often … Read the rest

Using Social Media to Drive Sales

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Without the opportunity to maintain in-person relationships with clients or prospects, businesses have realized that it is now more vital than ever to have a strong online presence. An online presence can help to build credibility, and in turn, generate leads.

People are willing to engage with brands and companies they know on social media if they are getting meaningful social interaction and a sense of community out of it.

To help you and your business use social media to build a community around your brand or product, we’ve compiled a list of “do’s and don’ts” to guide you when … Read the rest

Key Considerations in Assessing Potential Litigation for Independent Sales Reps

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Whenever a sales rep contacts our firm about a sales commission dispute, we evaluate several initial factors before deciding whether or not to proceed with a case:

  • What are the known or estimated damages under the contract?
  • Which states’ sales commission protection laws might apply to the dispute?
  • What is the best our client can do, monetarily?
  • What is the worst our client can do, monetarily?

What Are the Known or Estimated Damages?

This can sometimes be difficult to assess because usually customers’ commercial relationships and ordering processes are with the principal, not with the rep. Most often, orders are … Read the rest

What Savings Alternatives Are Available?

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As an investor, you know it’s important to have a portion of your holdings in savings. Opinions differ, but most financial professionals agree that adequate savings should form the basis of any sound investment strategy. There are a number of savings alternatives that could help you accumulate adequate savings and earn a reasonable rate of return.

Certificates of Deposit

Certificates of deposit are really just short-term loans to a bank, credit union, or savings and loan. They offer a moderate rate of return and relative safety because they are insured by the FDIC for up to $250,000 per depositor, per … Read the rest

Backselling Emergency!

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What is backselling? It’s how savvy reps invest a little time every month to ensure their principals understand those reps’ value. They communicate with principals as if the line were in jeopardy even when it is not because they know that anything they say after the line is in jeopardy will sound like an excuse instead of communication.

Backselling means that no major principal ever has reason to think: “You know, I haven’t heard from Rep XYZ for months; I wonder if we’re getting good value for the commission check we send each month.”

Before Covid, backselling might have meant making sure that each major principal received news of some success or an activity relating to that line every week. It was a steady drip, drip, drip of communication to reinforce each principal’s positive impression of that rep.

Now, that steady drip, drip, drip of communication needs to turn into a fire hose.

Why?

Your principals know you are effective in face-to-face customer meetings. But, now that text, phone, and video chat have replaced most face-to-face meetings, your principals may wonder if you are effective in this new environment. And the only way they will know is if you tell them.

Here are some real-life examples of the kind of messages your principals need to receive:

  • “Now that many of my customers are working from home, I have had more success getting people like (customer) to take my calls than ever before.”
  • “Fortunately, (customer) and I have a long relationship. I have permission to text him, so my messages get through on a priority basis.
  • “I spoke with (customer) today. He always used to let all his calls go to voicemail, but I think he is lonely after being stuck in his house for ten months. We spoke for an hour and a half!”

More than ever, it’s time to communicate with your principals as if the line were in jeopardy even when it is not. The line you save may be your own.


Note: Backselling is a word coined by John Haskell, a frequent contributor to Agency Sales magazine and author of Profit Rx under his pen name, Dr. Revenue®.

Permanent Changes Long After the Current Pandemic Subsides

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When will the dust settle? What will the “new normal” look like? Although we might have a peek at individual changes, it is not possible to completely comprehend the effect of all the recent changes. That fine‑tuned crystal ball is still not available for general distribution.

Here’s what we know so far about the changes we have seen in the last 13 months:

  • The number of available workers continues to decrease. During the pandemic we have lost many caregivers of young children. Women, who make up half the population, are still the main caregivers in families. We cannot afford to
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Preventing Future Failure

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When a long-awaited addition became available to its product line, a manufacturer admitted that he rushed it to market.

In a positive move, he did take the time to support the effort with plenty of literature, inside sales support and online information and advertising. One thing he failed to consider, however, was the critical need to train his outsourced sales force. Taking the responsibility on his own shoulders, he explained that misstep this way: “We quickly responded to a need exhibited by the market for this product. Our thinking and planning was that we should get it into the hands … Read the rest

Beware of the New Owner

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Disclaimer — This article is based on my thoughts and my experiences in litigating sales commission disputes for more than 40 years, primarily in the automotive industry. Some of my comments regarding accountants and private equity firms may be somewhat over-generalized. I apologize in advance in case any reader is an accountant/consultant or owner of a private equity firm.

The Problem

I’ve had several cases recently where principals, primarily automotive suppliers represented by independent manufacturers’ representatives, have been purchased in whole or in part by private equity firms. This often occurs when the primary owner, often one person, decides to … Read the rest

Tips for Managing Money

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As with virtually all financial matters, the easiest way to be successful with a cash management program is to develop a systematic and disciplined approach. Spending a few minutes each week to maintain your cash management program can help you keep track of how you spend your money and pursue your financial goals.

Any good cash management system revolves around the four A’s — Accounting, Analysis, Allocation and Adjustment.

Accounting quite simply involves gathering all your relevant financial information together and keeping it close at hand for future reference. Gathering all your financial information — such as income and expenses … Read the rest