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Non Exclusive Sales Representative Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
This Non-Exclusive Sales Representative Agreement is designed for use in the Hong Kong market where companies seek to expand their sales reach without committing to exclusive distribution arrangements. It's particularly relevant in Hong Kong's dynamic business environment, where flexibility in sales channels is often crucial for market success. The agreement covers essential elements including appointment terms, territory definitions, commission structures, performance expectations, and compliance with Hong Kong laws and regulations. It's suitable for both local and international companies operating in Hong Kong who want to maintain control over their sales channels while leveraging external sales representatives. The document incorporates necessary protections for intellectual property, confidential information, and post-termination obligations, while ensuring compliance with Hong Kong's competition laws and agency regulations.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions































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Relevant Industries

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

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Finance

Contract Administration

Partner Management

Executive Leadership

Marketing

Relevant Roles

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

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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