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Sales Rep Agreement Template for Australia

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Key Requirements PROMPT example:

Sales Rep Agreement

"I need a Sales Rep Agreement for my Australian software company, appointing a sales representative for the NSW territory with a 10% commission structure and strict confidentiality provisions around our proprietary technology."

Document background
The Sales Rep Agreement is a critical document for businesses operating in Australia that engage sales representatives to promote and sell their products or services. This agreement is essential when a company wants to establish a formal relationship with either an independent contractor or employee sales representative, clearly defining the terms of engagement, compensation structure, and mutual obligations. It's particularly important in the Australian context due to specific regulatory requirements under the Fair Work Act 2009, Independent Contractors Act 2006, and various state-based legislation. The document typically includes detailed provisions about sales territories, commission structures, performance metrics, and protective clauses for the company's intellectual property and confidential information. It's designed to provide clarity and legal protection for both parties while ensuring compliance with Australian employment and commercial laws.
Suggested Sections

1. Parties: Identification of the Company and the Sales Representative, including full legal names and addresses

2. Background: Context of the agreement, nature of the company's business, and purpose of engaging the sales representative

3. Definitions: Key terms used throughout the agreement including Products, Territory, Customers, Commission, etc.

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territory definition

5. Term and Termination: Duration of agreement, renewal terms, and circumstances for termination

6. Duties and Obligations: Specific responsibilities of the sales representative including sales targets, reporting, and conduct

7. Commission Structure: Calculation method, payment terms, and conditions for commission earnings

8. Intellectual Property: Protection of company's IP, usage rights, and restrictions

9. Confidentiality: Protection of confidential information and trade secrets

10. Non-Compete and Non-Solicitation: Restrictions during and post-agreement period

11. General Provisions: Standard clauses including governing law, notices, amendment process, etc.

Optional Sections

1. Training and Support: Details of company-provided training and support programs - include when company offers significant training

2. Expenses: Terms for reimbursement of expenses - include when company will cover certain expenses

3. Performance Reviews: Process and frequency of performance evaluations - include for long-term relationships

4. Insurance Requirements: Specific insurance coverage requirements - include when rep works with high-value products/services

5. Marketing Materials: Guidelines for use of marketing materials - include when rep has significant marketing responsibilities

6. Customer Data Protection: Specific provisions for handling customer data - include when dealing with sensitive customer information

7. Sub-agents: Terms for appointing sub-agents - include when sub-agents are permitted

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description of geographical or customer segment boundaries

2. Schedule 2 - Commission Structure: Detailed commission rates, tiers, and calculation examples

3. Schedule 3 - Products/Services: List of products/services the representative is authorized to sell

4. Schedule 4 - Sales Targets: Specific sales targets and performance metrics

5. Schedule 5 - Reporting Templates: Standard forms for sales reports and activity logging

6. Appendix A - Company Policies: Relevant company policies the representative must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses
































Relevant Industries

Manufacturing

Technology

Consumer Goods

Professional Services

Healthcare

Industrial Equipment

Software and SaaS

Telecommunications

Financial Services

Real Estate

Construction

Pharmaceuticals

Automotive

Energy

Relevant Teams

Sales

Legal

Human Resources

Commercial

Business Development

Operations

Finance

Compliance

Executive Leadership

Relevant Roles

Sales Representative

Business Development Manager

Account Executive

Sales Manager

Territory Manager

Regional Sales Director

Channel Sales Manager

Sales Director

Chief Sales Officer

VP of Sales

Commercial Director

Legal Counsel

Contract Manager

HR Manager

Chief Executive Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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