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Contract Sales Representative
"I need a Contract Sales Representative agreement for a German software company, appointing an exclusive sales representative for the Bavaria region with a 10% commission structure and quarterly sales targets, to commence from March 1, 2025."
1. Parties: Identification of the principal company and the sales representative, including full legal names, addresses, and registration details
2. Background: Brief context of the agreement and the intention to appoint a sales representative
3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Products', 'Customers', 'Commission', etc.
4. Appointment and Territory: Formal appointment of the representative and definition of the geographical area of operation
5. Rights and Obligations of the Sales Representative: Detailed responsibilities including customer acquisition, reporting, compliance with company policies
6. Rights and Obligations of the Principal: Company's obligations including product information, support, and training
7. Commission Structure: Detailed commission calculation methods, payment terms, and conditions as per §87 HGB
8. Intellectual Property Rights: Usage rights of company trademarks, logos, and materials
9. Confidentiality: Obligations regarding business secrets and confidential information
10. Term and Termination: Contract duration, notice periods, and termination grounds according to §89 HGB
11. Post-Termination Obligations: Obligations after contract end, including return of materials and final commission settlements
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Non-Compete Clause: Used when restricting the representative from working with competitors, must comply with §90a HGB
2. Performance Targets: Include when specific sales targets or KPIs are part of the agreement
3. Data Protection: Detailed GDPR compliance section when representative handles significant customer data
4. Insurance Requirements: When specific insurance coverage is required from the representative
5. Training and Support: Detailed training provisions when extensive product knowledge is required
6. Expense Reimbursement: When specific expenses are to be reimbursed beyond standard commission
7. Sub-agents: When the representative is allowed to appoint sub-agents
8. Minimum Performance Requirements: When specific minimum performance levels are required to maintain the contract
1. Schedule 1 - Product List: Detailed list of products/services the representative is authorized to sell
2. Schedule 2 - Commission Rates: Detailed commission structures, including any variations by product or customer type
3. Schedule 3 - Territory Definition: Detailed description of geographical territory and any excluded accounts
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Company Policies: Relevant company policies the representative must follow
6. Appendix A - Customer List: List of existing customers and any special arrangements
7. Appendix B - Sales Targets: Detailed sales targets and measurement criteria if applicable
Authors
Manufacturing
Retail
Wholesale
Technology
Pharmaceuticals
Industrial Equipment
Consumer Goods
Software and IT
Medical Devices
Automotive
Chemical Industry
Construction Materials
Professional Services
Telecommunications
Food and Beverage
Legal
Sales
Human Resources
Compliance
Finance
Operations
Business Development
Commercial Operations
Contract Administration
Risk Management
Sales Representative
Regional Sales Manager
Commercial Agent
Business Development Manager
Territory Manager
Sales Director
Legal Counsel
Compliance Officer
HR Manager
Contract Manager
Chief Commercial Officer
Sales Operations Manager
Account Executive
VP of Sales
General Manager
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