Sales Agent Agreement

Sales Agent Agreement SALES AGENT AGREEMENT A sales agent agreement is an agreement between a principal, who entity requiring services, and an agent who agrees to represent the principal or its product(s). Such an agreement engages the agent to be an exclusive or non exclusive sales representative of the principal. It specifies that agent shall be paid in the form of commission for selling the principal’s product, for acting on behalf of the Principal and/or for performing sales functions stipulated in the agreement. The price and quantity will be specified as well, along with the responsibility for taxes. Amongst other things, the details of what payment will be made, along with how and when it will be rendered will also be set forth in the agreement. Other important issues that need address are how the agent shall use the principal’s corporate identifications, trademarks and what kind of restrictions are imposed; additionally, restrictive covenants of non disclosure of confidential information, non competition and non solicitation etc. are also important provisions of such an agreement. 1 of 16 Sales Agent Agreement SALES AGENT AGREEMENT THIS SALES AGENT AGREEMENT (the “Agreement”), is made and entered into this _____ day of _________, 200_ (“Effective Date”) by and between _________, a _______ corporation, having its principal place of business at ____________________________ (the “Company”), and _________________ a ___________ corporation, having its principal place of business at ________________________________________ (the “Agent”). RECITALS WHEREAS, Company desires to appoint Agent as an independent sales Agent for Company’s products in accordance with the terms set forth herein; and WHEREAS, Agent desires to accept such an appointment on a non-exclusive basis for generation of leads, and solicitation of orders of Company products from customers (“Customer”) in the territory specified below in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth in this Agreement, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. DEFINITIONS. The below-listed terms shall be defined for purposes of this Agreement as follows: 1.1. The term "Product(s)" initially shall mean those products listed in Schedule A attached hereto and any such additional products that Company may manufacture or sell. Products may be changed, discontinued, or added by mutual agreement of the Parties. . 1.2. The term "Territory" shall mean the geographical area set forth in Schedule A attached hereto. 2 of 16 Sales Agent Agreement 1.3. The term “Customer” shall mean a current or potential buyer or user of the Company Products in the Territory. 1.4. The term "Sale" shall mean the actual shipment of a Product by Company to a Customer, and the issuing of an invoice by Company to such Customer for payment for such Product. The acceptance or booking of a purchase order by Company shall not constitute a "Sale" hereunder. Royalty payments resulting from the licensing of COMPANY technology or Product(s) to a Customer shall not be considered a “Sale”. Buy-resell Customer transactions shall not be considered a “Sale”. 1.5. The term "Person" shall mean any individual, corporation, partnership or other legal entity. 2. APPOINTMENT AND AUTHORITY OF AGENT. 2.1. Appointment. The Company hereby engages Agent as its non-exclusive independent contractor sales agent in the Territory so as to to actively market, promote and solicit orders for the Products in the Territory in accordance with the terms of this Agreement. Unless otherwise authorized by Compan