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The Independent Sales Consultant Agreement is essential for companies operating in India who wish to expand their sales reach through external representatives without creating an employer-employee relationship. This document is particularly relevant when businesses need flexible sales force solutions while maintaining clear legal boundaries. It addresses critical aspects including commission structures, territory rights, performance metrics, and compliance with Indian commercial and tax laws. The agreement is designed to protect both parties' interests while ensuring operational efficiency and legal compliance. It's commonly used by companies expanding into new markets or those preferring commission-based sales structures over traditional employment models.

1. Parties: Identification of the company and the independent sales consultant with full legal names and addresses

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

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

4. Appointment and Scope: Terms of appointment, confirmation of independent contractor status, and detailed scope of services

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Territory and Exclusivity: Definition of geographical territory and any exclusivity rights

7. Duties and Responsibilities: Detailed obligations of the sales consultant including reporting requirements and performance standards

8. Commission and Payment: Commission structure, payment terms, and calculation methods

9. Independent Contractor Status: Clear statement of independent contractor relationship and its implications

10. Confidentiality: Protection of confidential information and trade secrets

11. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client solicitation

12. Intellectual Property: Ownership and protection of intellectual property rights

13. Termination: Grounds for termination, notice periods, and post-termination obligations

14. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for dispute resolution

15. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement