VIEWS: 11,850 PAGES: 5 CATEGORY: Creating a Sales Agreement POSTED ON: 7/2/2009
This is an agreement between a company and a representative who agrees to represent the company or its products on a nonexclusive basis. This agreement engages the representative to be a nonexclusive sales representative of the company, and the representative is allowed to work with other companies simultaneously. It specifies that the representative shall be paid commission based on the number of units they sell. This agreement can be used by individuals or small businesses that want to engage the services of a sales agent to represent the company on a nonexclusive basis.
This is an agreement between a company and a representative who agrees to represent the company or its products on a nonexclusive basis. This agreement engages the representative to be a nonexclusive sales representative of the company, and the representative is allowed to work with other companies simultaneously. It specifies that the representative shall be paid commission based on the number of units they sell. This agreement can be used by individuals or small businesses that want to engage the services of a sales agent to represent the company on a nonexclusive basis. o p yr ig ht SALES REPRESENTATIVE AGREEMENT Bi z THIS SALES REPRESENTATIVE AGREEMENT (this “Agreement”) is effective as of T _____________ [DATE], by and between ________________ [COMPANY NAME] (the re “Company”), a ___________ [STATE] _______________________ [TYPE OF ENTITY] and e ____________________ [SALES REPRESENTATIVE] (the “Representative”). In c. Recitals 2 0 WHEREAS, Representative wishes to sell products, materials, and services, owned and 0 developed by the Company in exchange for a commission and other forms of compensation; 8. A WHEREAS, Employer wishes to engage Representative in the capacity of an independent sales ll representative; ri g NOW THEREFORE, each of Employer and Representative wish to enter into this Agreement ht on the terms and conditions set forth below: s re Terms se rv SALES REPRESENTATIVE AGREES TO THE FOLLOWING TERMS AND e CONDITIONS: d. P A. To represent and sell products, materials, and services, owned and developed by the ro Company, in the geographic area known as ______________ [AREA NAME]; te ct B. To accurately represent and disclose Company policies to all potential and present clients e of the Company; d b C. To promptly mail in orders to the Company within 48 hours of receipt of any such order; y th D. To notify the sales manager of the geographic region of any and all issues concerning e Company’s clients within the geographic sales territory; co p E. To notify the sales manager of the geographic region if the Representative represents, or yr intends to represent any other business firm that is a competitor of Company. ig ht F. To contact the Company via telephone with reasonable frequency to discuss sales activity la within the geographic territory. w s G. To provide Company with _____ [NUMBER] days notice should Representative desire of to terminate this Agreement and to promptly return all sales materials, literature, and th samples provided by the Company to the Representative, if either party terminates this e Agreement. U ni THE COMPANY AGREES TO THE FOLLOWING TERMS AND CONDITIONS: te d St at © Copyright 2013 Docstoc Inc. 2 es & C A. To pay Commission to Representative in the following manner: a) _____[%] of all prepaid sales; and b) _____[%] of all credit sales; provided that, Commissions paid on amounts/sales that are later refunded to clients shall be deducted from future commissions to be paid to Representative by the Company; B. To provide the 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 the Representative; D. To give Representative _____ [NUMBER] days’ advanced notice should the Company wish to terminate this Agreement; E. To pay commissions to the Representative on sales from clients procured by Representative for a period of ______ [NUMBER] months after this Agreement is terminated by either party. 3. GENERAL TERMS AND CONDITIONS FOR BOTH PARTIES: A. Notices shall be sent to the following addresses: For Company: _____________________ _____________________ _____________________ For Representative: _____________________ _____________________ _____________________ B. Entire Agreement: 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. Severability: 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. Waiver: 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 the Representative. No waiver shall be valid unless placed in writing and signed by [an officer] of Company. [NOTE: EMPLOYER MAY CHOOSE LIST THE PERSON © Copyright 2013 Docstoc Inc. 3 OR PERSONS SPECIFICALLY AUTHORIZED, OR, MAY CHOOSE TO USE A GENERAL TERM LIKE “AN OFFICER” OR “AN AUTHORIZED OFFICER.”] E. Governing Law and Consent to Jurisdiction: This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ____________ [STATE], without regard to conflicts of law principles. The parties voluntarily consent to the jurisdiction of the State and Federal Courts in the State of ______________ [STATE] for resolution of all claims that may arise under or related to this Agreement. The Parties further agree and consent that venue of any action hereunder shall be exclusively in the county of _____________________ [COUNTY], State of _________________ [STATE]. IN WITNESS WHEREOF, Company and Representative have executed this Agreement as of the date first above written. COMPANY REPRESENTATIVE ____________________________ ____________________________ [NAME] [NAME] © Copyright 2013 Docstoc Inc. 4
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