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Independent Sales Rep Contract
"I need an Independent Sales Rep Contract for our Malaysian technology company, focusing on software sales in the Kuala Lumpur and Selangor regions, with specific provisions for remote sales activities and digital product demonstrations starting March 2025."
1. Parties: Identification of the principal company and the independent sales representative, including full legal names and addresses
2. Background: Context of the agreement, nature of the principal's business, and purpose of engaging an independent sales representative
3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Commissions', 'Customers', etc.
4. Appointment and Scope: Formal appointment of the representative, confirmation of independent contractor status, and scope of authority
5. Territory and Products: Definition of geographic territory and specific products/services the representative is authorized to sell
6. Representative's Duties and Responsibilities: Detailed obligations, sales targets, reporting requirements, and professional conduct expectations
7. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for earning commissions
8. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination by either party
9. Intellectual Property and Confidentiality: Protection of company's IP, confidential information, and trade secrets
10. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term
11. Indemnification and Liability: Mutual indemnification provisions and limitation of liability
12. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendments
1. Marketing and Advertising: Guidelines for marketing activities and use of company materials, included when representative has marketing responsibilities
2. Training Requirements: Specific training obligations and certifications, included when industry-specific training is required
3. Expense Reimbursement: Terms for reimbursable expenses, included when company will cover certain costs
4. Customer Support: Post-sale support obligations, included when representative handles customer service
5. Minimum Performance Requirements: Specific sales targets and consequences, included when performance metrics are crucial
6. Sub-Representatives: Terms for engaging sub-representatives, included when delegation is permitted
7. Insurance Requirements: Specific insurance coverage requirements, included for high-risk products or services
8. Data Protection: Detailed PDPA compliance requirements, included when handling significant customer data
1. Schedule A - Products and Services: Detailed list of authorized products/services with specifications and pricing
2. Schedule B - Commission Rates: Detailed commission structure, including any variations by product or customer type
3. Schedule C - Territory Map: Detailed description or map of assigned sales territory
4. Schedule D - Sales Targets: Specific sales quotas and performance metrics
5. Schedule E - Reporting Templates: Required forms and formats for sales reports and documentation
6. Appendix 1 - Company Policies: Relevant company policies affecting sales activities
7. Appendix 2 - Training Manual: Product knowledge and sales process guidelines
8. Appendix 3 - Approved Marketing Materials: Templates and guidelines for sales and marketing materials
Authors
Manufacturing
Consumer Goods
Technology
Healthcare Products
Industrial Equipment
Telecommunications
Financial Services
Software and IT
Pharmaceutical
Construction Materials
Automotive
Electronics
Food and Beverage
Professional Services
Sales
Legal
Commercial
Business Development
Compliance
Human Resources
Operations
Finance
Contract Administration
Sales Director
Business Development Manager
Commercial Director
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Regional Sales Manager
Chief Commercial Officer
Sales Administrator
Compliance Officer
HR Director
Independent Sales Representative
Territory Manager
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