In or about April Pepperidge Farm contracted a company for new hand held computers for all of the SDA's (Sales and Dristribution Associates). We were required to purchase these new computers at an approximate cost of $2000. All of the billing, contact, and location information about all of the stores in our territories were input into these new HHCs.
In or about June Pepperidge Farm called a meeting of all its bakery distributors to inform them that the Farm was implimenting an amendment to our contract. This amendment stated that all "Emerging Channels" would be serviced by the Farm. The "Emerging Channels" were determined to be all convience and drug stores, and any other retail outlet that Pepperidge Farm product was not currently in. All of the SDA's were given the chance to sign the amendment and "sell" these stores back to the Farm at a market value of 8/1, the current rate in this region is 26/1.
In addition, the SDA would be paid 5% commission on sales to the stores minus the stale and damage. This commission would be bassed on a national average and paid quarterly. We were shown projections for the next ten years as too what the Farm expected to sell in these stores.
Since any store an SDA services must first be listed in the HHC, we could never service any of these stores. The store information is input into the HHC by Pepperidge Farm. The contract I currently have states that I have "The Exclusive Right to Sell" to any retail outlet within my teritory. It also says that if anyone other than myself distributes Pepperidge Farm product within my territory, I still recieve commission. My contract states that commission is 20% not 5%. It doesnot say that Pepperidge Farm has the right to sell to stores within my territory without my permission or my being paid.
My territory was purchased in 1984, to date, I have recieved nothing.in my opinion, this is theft.
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