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Independent Sales Representative Agreement
"I need an Independent Sales Representative Agreement for my software company based in Bangalore, covering sales representatives in South India, with a 15% commission structure on SaaS products and the agreement should start from January 2025."
1. Parties: Identification of the principal company and the independent sales representative, including full legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the principal's business, and purpose of engaging an independent sales representative
3. Definitions: Key terms used throughout the agreement, including Products, Territory, Customers, Commission, etc.
4. Appointment and Territory: Formal appointment of the representative and definition of the geographic territory or market segment
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Rights and Obligations of Sales Representative: Core responsibilities, performance standards, reporting requirements, and conduct expectations
7. Rights and Obligations of Principal: Company's commitments, support provisions, and obligations to the representative
8. Commission Structure: Detailed commission rates, calculation methods, payment terms, and conditions for earning commission
9. Intellectual Property Rights: Usage rights for company trademarks, logos, and marketing materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Non-Compete and Non-Solicitation: Restrictions during and after the agreement term
12. Independent Contractor Status: Clear establishment of independent contractor relationship and not employment
13. Indemnification: Mutual indemnification obligations and liability limitations
14. General Provisions: Standard clauses including governing law, notices, amendments, and dispute resolution
1. Training and Support: Details of training programs and ongoing support provided by the principal - include when significant product training is required
2. Marketing and Advertising: Guidelines for marketing activities and cost-sharing arrangements - include when representative has significant marketing responsibilities
3. Minimum Performance Requirements: Specific sales targets and consequences of not meeting them - include when setting performance benchmarks is crucial
4. Sub-Representatives: Terms for appointing sub-representatives - include when allowing delegation of duties
5. Insurance Requirements: Specific insurance coverage requirements - include for high-risk products or services
6. Data Protection: GDPR or other data protection compliance - include when handling sensitive customer data
7. Export Control: Export regulations compliance - include for international sales
8. Product Returns and Warranties: Handling of returns and warranty claims - include for physical product sales
1. Schedule A - Products and Services: Detailed list of products/services the representative is authorized to sell
2. Schedule B - Commission Rates: Detailed commission structure, including any variations by product or customer type
3. Schedule C - Territory Definition: Detailed description or map of the assigned sales territory
4. Schedule D - Reporting Templates: Standard formats for sales reports and documentation
5. Schedule E - Performance Metrics: Specific KPIs and evaluation criteria
6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements
7. Appendix 2 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
Authors
Manufacturing
Technology
Consumer Goods
Industrial Equipment
Healthcare Products
Software and SaaS
Telecommunications
Automotive
Electronics
Pharmaceuticals
Construction Materials
Financial Services
Professional Services
Retail
Energy and Utilities
Sales
Legal
Compliance
Finance
Operations
Business Development
Commercial
Contract Administration
Revenue Operations
Channel Management
Sales Director
Business Development Manager
Channel Manager
Sales Operations Manager
Legal Counsel
Compliance Officer
Commercial Director
Regional Sales Manager
Chief Revenue Officer
Contract Manager
Territory Manager
Independent Sales Representative
Sales Agent
Commission-based Sales Professional
Business Owner
Entrepreneur
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