A&S Reps

On June 21, 2000, the parties entered into a written contract in which the plaintiff was retained to act as the defendants exclusive sales agent and representative for the solicitation of orders for picture frames and framed art. The agreement provided that the defendant would pay the plaintiff a commission of between 5% and 10% of net billings, depending on the discount structure utilized when selling the product to the customer. Net billings were defined as gross sales less freight and other delivery charges, discounts, advertising allowances, insurance costs, sales taxes, special handling charges, rebates, defective allowances, and warehouse allowances. The agreement also provided that it could not be amended "except in writing and signed by both parties."