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Non Exclusive Sales Representative Agreement
"I need a Non-Exclusive Sales Representative Agreement for our Hong Kong-based technology company, appointing a sales representative to sell our software products in mainland China, with specific provisions for data protection and intellectual property rights."
1. Parties: Identification of the principal company and the sales representative with full legal names and addresses
2. Background: Context of the agreement, including the principal's business and desire to appoint a sales representative
3. Definitions: Key terms used throughout the agreement including Products, Territory, Customers, Commission, etc.
4. Appointment and Scope: Non-exclusive appointment of the representative and definition of the territory and products covered
5. Term: Duration of the agreement, including commencement date and renewal provisions
6. Representative's Rights and Obligations: Detailed responsibilities, performance standards, and reporting requirements
7. Principal's Rights and Obligations: Support, training, and materials to be provided by the principal
8. Commission Structure: Calculation method, payment terms, and conditions for commission earnings
9. Intellectual Property: Usage rights and restrictions regarding the principal's trademarks and materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Non-Solicitation: Restrictions on soliciting customers or employees during and after the agreement
12. Termination: Grounds for termination, notice requirements, and consequences
13. Post-Termination Obligations: Duties and restrictions following agreement termination
14. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Minimum Performance Requirements: Used when specific sales targets or performance metrics need to be maintained
2. Sub-Representatives: Include when the representative may be allowed to appoint sub-representatives
3. Marketing and Advertising: Include when the representative has specific marketing responsibilities or restrictions
4. Insurance: Include when specific insurance coverage is required from the representative
5. Data Protection: Include detailed data protection obligations when handling sensitive customer data
6. Non-Competition: Include when representative is restricted from competing activities
7. Training Requirements: Include when specific training or certification is required
8. Warranty Handling: Include when representative has responsibilities for handling warranty claims
1. Schedule 1 - Products: Detailed list of products or services covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Performance Targets: Specific sales targets and evaluation criteria
6. Appendix A - Approved Marketing Materials: List of approved marketing materials and usage guidelines
7. Appendix B - Customer Service Standards: Required customer service levels and procedures
8. Appendix C - Compliance Requirements: Specific compliance requirements and procedures
Authors
Manufacturing
Technology
Consumer Goods
Professional Services
Industrial Equipment
Medical Devices
Software and IT
Electronics
Fashion and Apparel
Financial Services
Telecommunications
Pharmaceuticals
Construction Materials
Automotive
Food and Beverage
Legal
Sales
Business Development
Commercial Operations
Compliance
Finance
Contract Administration
Partner Management
Executive Leadership
Marketing
Sales Director
Commercial Director
Business Development Manager
Sales Operations Manager
Channel Manager
Legal Counsel
Compliance Officer
Contract Manager
Chief Commercial Officer
Regional Sales Manager
Sales Representative
Account Executive
Business Development Director
Partnership Manager
Chief Executive Officer
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