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Pennsylvania Non-Exclusive Sales Representative Agreement

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Pennsylvania Non-Exclusive Sales Representative Agreement Powered By Docstoc
					Non-Exclusive Sales
                                                              Representative Agreement

                          This Sales Representative Agreement is a legal contract between a company or individual
                          who sells, manufactures, or distributes a product or service and a salesman who will sell
ocstoc Legal Agreements




                          their product or service in exchange for a certain commission. This agreement includes
                          many customizable features to fill in the pricing, delivery, and other information to suit your
                          particular situation.




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                                                                                              Attorney Drafted
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              NON-EXCLUSIVE SALES REPRESENTATIVE AGREEMENT

THIS NON-EXCLUSIVE SALES REPRESENTATIVE AGREEMENT (hereinafter
“Agreement”) is effective as of _____ [Month] _____ [Date], 20_____, by and between
________________________ [Instruction: Insert the name of company/entity], a
________________________ [Instruction: Insert the type of entity] having its principal place
of business at ________________________ [Instruction: Insert the address of company]
(hereinafter “Company”) and ________________________ [Instruction: Insert the name of
sales         representative]         with      its      principal         office         at
_______________________________________________[Instruction: Insert address of sales
representative] (hereinafter “Representative”).

WHEREAS, Company is engaged in developing, marketing and sale of certain materials,
products and/or services;

WHEREAS, Representative wishes to sell materials, products and/or services developed by the
Company in exchange for a commission and other forms of compensation;

WHEREAS, Company desires to appoint Representative and Representative agrees to act for
the Company as its non-exclusive sales Representative;

NOW THEREFORE, each of Company and Representative wish to enter into this Agreement
on the terms and conditions set forth below:

1. REPRESENTATIVE AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

a.   To represent and sell only those materials, products and/or services, developed by
     Company, in the geographic area as specified in Exhibit A hereunder;

b.   To accurately represent and disclose Company policies to all potential and present clients of
     Company;

c.   To promptly communicate to Company receipt of any orders placed by the clients with
     Representative;

d.   To notify the sales manager of the geographic area of any and all issues concerning
     Company’s clients within the said geographic area;

e.   To contact Company via telephone or electronic mails with reasonable frequency to discuss
     sales activity within the geographic area;

f.   To make no representations, warranties or commitments binding Company without
     Company's prior consent. Representative will execute no agreement on behalf of Company;

g.   Representative shall indemnify and hold Company harmless of and from any and all claims
     or liability arising as a result of negligent, intentional or other acts of Representative or his
     agent or representatives.


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h.        To give Company __________ (__) [thirty (30)] days notice should Representative desire
          to terminate this Agreement and to promptly return all sales materials, products and/or
          services, literature and samples provided by Company to Representative.

2. COMPANY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

a. To pay commission to Representative in the following manner:

     i.     ________________ % of all prepaid sales; and

 ii.        ________________ % of all credit sales; [Instruction: Insert the commission to be
            paid to Representative]

            provided that, commissions paid on refunds to clients shall be deducted from future
            commissions to be paid to Representative by Company;

b. To provide Representative with reasonable quantities of business cards, brochures, catalogs,
   marketing literature and any product samples required for sales purposes;

c. To set minimum quotas after consultation with Representative;

d. Company shall indemnify and hold Representative harmless of and from any and all liability
   attributable solely to the negligent, intentional or other acts of Company, its employees,
   agents or representatives;

e. To give Representative __________ (__) [◊ thirty (30)] days notice should Company wish to
   terminate this Agreement;

f. To pay commissions to Representative due on sales from clients procured by Representative
   for a period of __________ (__) [◊ six (6)] months even after this Agreement is terminated
   by either party.

GENERAL TERMS AND CONDITIONS FOR BOTH PARTIES:

a. Notices shall be sent to the following address:



       For Company:                     _____________________________________

                                        _____________________________________

                                        _____________________________________

                                        _____________________________________




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     For Representative:               _____________________________________

                                       _____________________________________

                                       _____________________________________

                                       _____________________________________

b. This Agreement constitutes the entire agreement, and supersedes any prior understanding or
   representation of any kind preceding the date of this Agreement. There are no other promises,
   conditions, understandings or other agreements, whether oral or written, relating to the
   subject matter of this Agreement.

c.    To the extent that any provision hereof is deemed unenforceable, all remaining provisions of
     this Agreement shall not be affected thereby and shall remain in full force and effect.

d. The waiver by Company of a breach of any provision of this Agreement by Representative
   shall not operate as a waiver of any subsequent breach by Representative. No waiver shall be
   valid unless placed in writing and signed by an authorized officer of Company.

e. If any provision, paragraph or subparagraph of this Agreement is adjudged by any lawful
   court to be void or unenforceable, in whole or in part, such adjudication shall not be deemed
   to affect the validity of the remainder of this Agreement. Any other provision and paragraph
   is declared to be separable from every other provision, paragraph and subparagraph and
   constitutes a separate and distinct covenant.

f. This Agreement shall be construed in accordance with, and governed in all respects by, the
   laws of the State of Pennsylvania, without regard to conflicts of law principles. The parties
   further agree and consent that venue of any action hereunder shall be exclusively in the
   county of ________________________ [Instruction: Insert the County].

IN WITNESS WHEREOF, each of Company and Representative has executed this Agreement
as of the date first above written.

        For Company:                                           For Representative:



      ____________________________                          ____________________________

            [Signature]                                             [Signature]



      ____________________________                          ____________________________

           [Print Name]                                            [Print Name]




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                                                 Exhibit A




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Note: Carefully read and follow the Instructions and Comments contained in this document for
your customization to suit your specific circumstances and requirements. You will want to
delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”) after
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and      that      you     have      read     and     agree       to     our       Terms       of     Service
(http://www.docstoc.com/popterm.aspx?page_id=15), as well as our disclaimer that Legal information is not
legal      advice,     and       the      important      content       available       here: Read       More
(http://www.docstoc.com/popterm.aspx?page_id=114)




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                             8
				
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Description: This Sales Representative Agreement is a legal contract between a company that sells, manufactures, or distributes a product or service and a salesman who will sell their product or service in exchange for commission. This agreement requires that the representative sell the company�s products, but not on an exclusive basis. It includes many customizable features to fill in the pricing, delivery, and other information to suit the needs of the contracting parties. As drafted, the company also agrees to provide the sales representative with business cards and other marketing literature. This document can be useful to a company located in Pennsylvania seeking to expand sales by using a sales representative.
This document is also part of a package Essential Pennsylvania Legal Documents 86 Documents Included