A marketing representative is the liaison between a company and its current and prospective clients. In essence, the marketing representative performs promotion and marketing activities to meet and land new clients for the company the representative works for.
Independent Marketing Representative Agreement This Independent Marketing Representative Agreement, hereinafter called the Agreement, is entered into on this the (date) specified herein by and between (Name of Company), a corporation organized and existing under the laws of the state of (name of state), with its principal office located at (street address, city, state, zip code), referred to herein as the Company and the undersigned (Name of Marketing Representative), hereinafter called Marketing Representative. I. Appointment as Independent Marketing Representative: A. (Name of Marketing Representative) is hereby appointed by the Company as an Independent Marketing Representative to personally solicit as an independent contractor on behalf of the Company orders for the Company’s Products, (hereinafter called the Products) from the Company’s customers, hereinafter called the Customers.. Marketing Representative is an independent contractor and is not an employee, servant, partner or joint venturer of Company. Company shall determine the services to be provided by Marketing Representative, but Marketing Representative shall determine the legal means by which he accomplishes the services in accordance with this Agreement. Company is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Marketing Representative is not entitled to receive the benefits which employees of Company receive and is not entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Company. It is further understood that Marketing Representative is free to Agreement for similar services to be performed for other (type of entity) or organizations while under Agreement with Company. B. Marketing Representative agrees to indemnify, defend and hold the Company harmless from and against any costs, expenses or levies incurred by, or assessed against, the Company as a result of the breach by Marketing Representative of this Agreement. II. Responsibilities of Independent Marketing Representative: Marketing Representative hereby agrees to: A. Abide by all policies, guidelines, rules, rate books, regulations and instructions of the Company (as prescribed from time to time) with regard to the sale of the Products to the Customers with which the Marketing Representative deals. B. Observe and comply with the insurance laws and regulations of the states where Marketing Representative does business or solicits applications for the Products. C. Clearly explain the terms, conditions and provisions of all contracts and Products to Customers with which Marketing Representative deals and to not make untrue statements, interpretations, misrepresentations, or omit or evade material facts concerning the Products. D. Use reasonable efforts to obtain a fidelity or surety bond and professional liability (errors and omissions) insurance policy for the protection of Marketing Representative with the Company named as an additional insured on any such bond or policy, if permitted by applicable law. E. Indemnify, defend and hold the Company harmless from and against any costs, fees and expenses that the Company may incur for any administrative or legal action involving Marketing Representative to which the Company may be made a party or otherwise incur a cost or expense and the Company may, at its discretion, employ its own counsel in defense of such action. F. Keep in strict secrecy and confidence any and all information to which he has access and which has not been publicly disclosed and is not a matter of common knowledge in the fields of work of the Company. Marketing Representative agrees that both during and after the term of this Agreement he will not, without the prior written consent of the Company, disclose any such confidential information to any third person, partnership, joint venture, company, corporation or other organization. III. Prohibitions. Marketing Representative agrees not to: A. Make, alter or discharge any contract or Products of the Company; B. Waive any forfeiture; quote rates other than as quoted by the Company or the Customers; C. Provide outdated materials or rates to the Customers; D. Extend time for payments in cash; E. Withhold any monies or other property of the Customers or the Company or incur any indebtedness or liability on behalf of the Company unless specifically authorized in writing by the Company; F. For a period of (number) years after termination of this Agreement, directly or indirectly solicit orders of any product similar to Products whether alone, as a partner, or as an officer, director, employee or shareholder of any corporation, or as a trustee, fiduciary or other representative of any other entity. III. Termination of Agreement. Company may terminate this Agreement immediately for Cause. For purposes of this Agreement, “Cause” means: A. Any act or omission of the Marketing Representative constituting misconduct or negligence, fraud, misappropriation, embezzlement, conflict of interest or competitive business activities, including but not limited to any arrest on criminal charges; B. Any chemical dependence which materially adversely affects the performance of his duties and responsibilities to the Company; C. Breach of the fiduciary obligations of Marketing Representative to the Company in a material respect; D. Repeated failure of Marketing Representative to perform his duties after written notice of the alleged failure and a reasonable opportunity to cure; E. Material breach of the Marketing Representative of Company's policies or any material provision of this Agreement; F. Gross misconduct of Marketing Representative resulting in substantial loss to the Company or damage to the reputation of the Company; or IV. Termination for Death or Disability. A. Termination for Death. In the event of the death of Marketing Representative this Agreement shall terminate and be of no further force or effect. B. Termination for Disability. If, by reason of a physical or mental illness continuing for a period of (number) consecutive calendar days, or for shorter periods aggregating (number) days during any 12-month period, Marketing Representative has been substantially unable to render services of the character contemplated by this Agreement, then Company may, on (number) days prior written notice to Marketing Representative, terminate this Agreement. The advice of a reputable physician mutually
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