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Sales Broker Agreement for the United Kingdom

Sales Broker Agreement Template for United States

A legally binding agreement governed by U.S. law that establishes the relationship between a principal company and a sales broker. The agreement outlines the terms under which the broker will represent and sell the principal's products or services, including territory rights, commission structures, performance expectations, and termination conditions. It incorporates state-specific broker regulations and federal trade requirements.

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What is a Sales Broker Agreement?

The Sales Broker Agreement serves as the foundational document for establishing a formal relationship between companies and their external sales representatives in the United States. This agreement is essential when businesses want to expand their sales reach without directly employing additional staff. It typically includes detailed provisions about territory rights, commission structures, performance metrics, and compliance with both federal and state-specific broker regulations. The document is particularly crucial for maintaining clear boundaries in independent contractor relationships and protecting both parties' interests in the sales process.

What sections should be included in a Sales Broker Agreement?

1. Parties: Identification and details of the principal company and the broker

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of broker appointment and authorized activities

5. Territory and Exclusivity: Geographical scope and exclusivity terms

6. Commission Structure: Payment terms, rates, and calculation methods

7. Term and Termination: Duration and conditions for ending the agreement

What sections are optional to include in a Sales Broker Agreement?

1. Non-Compete: Restrictions on competitive activities during and after the agreement term

2. Training Requirements: Specific training obligations and ongoing educational requirements

3. Marketing Support: Terms regarding marketing materials and support provided by the principal

What schedules should be included in a Sales Broker Agreement?

1. Commission Schedule: Detailed breakdown of commission rates and structures

2. Territory Map: Geographical definition of broker's territory

3. Product List: List of products/services broker is authorized to sell

4. Performance Metrics: Specific targets and evaluation criteria for the broker

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Clauses






























Industries

Securities Exchange Act 1934: Federal law governing securities trading and broker-dealer relationships, essential if the broker agreement involves securities transactions

Federal Trade Commission Act: Regulates fair trade practices and consumer protection in broker relationships and commercial transactions

Anti-Trust Laws: Including Sherman Act and Clayton Act - prevent monopolistic practices and protect market competition in broker arrangements

Interstate Commerce Regulations: Federal rules governing business conducted across state lines, relevant for brokers operating in multiple states

Fair Labor Standards Act: Federal law addressing employment status classification, crucial for properly establishing broker relationship as independent contractor vs employee

State Broker Licensing Requirements: State-specific regulations governing broker licensing, registration, and operational requirements

State Contract Laws: State-specific rules governing contract formation, enforcement, and remedies

Uniform Commercial Code: Standardized commercial laws adopted by states governing sales and commercial transactions

FINRA Regulations: Financial Industry Regulatory Authority rules governing financial brokers and securities transactions

IRS Regulations: Tax requirements and classifications for independent contractors and broker relationships

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

State Data Privacy Laws: State-specific requirements for handling, storing, and protecting sensitive business and customer data

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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