AND QUARTERLY PERFORMANCE CRITERIA
_____________________________________________________________________________________________
TUPPERWARE U.S., INC.
FRANCHISE AGREEMENT
This Franchise Agreement (this "Agreement") is being entered as
of
, 20
(the "Agreement Date").
The parties
to this Agreement are
, as
Franchisee (referred to in this Agreement as "you" or "Franchisee"), and
TUPPERWARE U.S., INC., a Delaware corporation, as Franchisor (referred to in
this Agreement as "we," "us" or the "Company").
The principal place of business
of TUPPERWARE U.S., INC. is 14901 South Orange Blossom Trail, Orlando, Florida
32837.
Your principal place of business
is
.
1.
INTRODUCTION AND DEFINITIONS.
We (and our Affiliates) manufacture and distribute, through our
authorized Tupperware distributors, a variety of products for personal, family
or household use which are identified by our registered trademark TUPPERWARE and
other trademarks.
We have achieved a high degree of public acceptance and
goodwill for TUPPERWARE Products as a result of their high quality and
widespread distribution.
Tupperware distributors play an important role in
distributing TUPPERWARE Products to consumers through the home party plan,
personal demonstrations and other methods.
We and you are signing this Agreement because of our and your mutual
desire to establish a relationship as franchisor and franchisee on the terms of
this Agreement.
There are a number of terms used throughout this Agreement that have
particular meanings.
These terms and their definitions are as follows:
"Affiliate" - Any person, entity or company that directly or indirectly
owns or controls, is directly or indirectly owned or controlled by or is under
common control with the Company.
"Competing Products" - Plastic household products, including food
storage containers, food preparation and service products, toys, cookware and
housewares, similar to or competitive with TUPPERWARE Products, which are
manufactured or marketed by persons other than us or our Affiliates.
"Confidential Information" - Our Marketing Methods, lists of Consultants
of Franchised Tupperware Distributorships and certain other information that we
may disclose from time to time during the term of the Franchise, including
information about upcoming promotions, new product development and new
distribution methods.
"Consultant" - An individual, acting as an independent contractor, who
has contracted with a Franchised Tupperware Distributorship to sell TUPPERWARE
Products to consumers under our policies and procedures.
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"Estimated Retail Sales" - The aggregate of the Company's suggested
retail prices for all TUPPERWARE Products purchased by Consultants from the
Franchised Distributorship for resale to consumers.
"Franchise" - The rights we have granted you to operate a Franchised
Tupperware Distributorship under this Agreement.
"Franchised Distributorship" - The business you will operate under this
Agreement.
"Franchised Tupperware Distributorships" - The businesses we license to
distribute TUPPERWARE Products through Consultants using the Marketing Methods.
"Home Party Plan and Personal Demonstrations" - The technique of
promoting and selling TUPPERWARE Products through demonstrations arranged by
Consultants at homes or other locations.
"Marketing Materials" - Supplies, goods and materials, other than
TUPPERWARE Products, that we make available to you and/or Consultants to use in
marketing TUPPERWARE Products, including, without limitation, incentive
merchandise, promotional materials and sales aids and computer software