New England Technical Sales Corp. v. Seeq Technology, Inc.

This is an action to recover unpaid commissions allegedly earned by the plaintiff as the exclusive New England sales representative of defendant SEEQ Technology, Inc. (“SEEQ”).2

Both the plaintiff, a New Hampshire corporation, and defendant SEEQ, a California corporation, have a usual place of business in Burlington, Massachusetts. The sales distribution agreement executed by the parties contained a “forum selection clause” which provided:

The validity, construction and enforcement of this Agreement shall be governed by the laws of the State of California. [Both parties] agree that an v…