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Non Exclusive Sales Representative Agreement
"I need a Non-Exclusive Sales Representative Agreement for my Malaysian software company to appoint multiple sales representatives across Southeast Asia, with specific commission structures for different product tiers and strict data protection clauses to comply with local regulations."
1. Parties: Identification of the principal company and the sales representative with full legal names and addresses
2. Background: Context of the agreement, including brief description of the principal's business and purpose of appointing the sales representative
3. Definitions: Key terms used throughout the agreement including 'Territory', 'Products', 'Customers', 'Commission', etc.
4. Appointment and Scope: Clear statement of non-exclusive appointment and detailed scope of authority granted to the sales representative
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination by either party
6. Territory and Customers: Definition of geographical area and/or customer segments the representative is authorized to serve
7. Duties and Responsibilities: Detailed obligations of the sales representative including sales targets, reporting requirements, and conduct standards
8. Commission Structure: Calculation method, payment terms, and conditions for commission earnings
9. Non-Competition and Confidentiality: Restrictions on competing activities and protection of confidential information
10. Intellectual Property: Rights and restrictions regarding use of principal's trademarks, logos, and other IP
11. Relationship of Parties: Clear statement that representative is an independent contractor, not an employee
12. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures
1. Performance Targets: Specific sales targets and performance metrics, used when the principal wants to set measurable goals
2. Training and Support: Details of training and support provided by principal, included when significant training is part of the relationship
3. Marketing and Advertising: Guidelines for marketing activities and cost sharing, relevant when representative has marketing responsibilities
4. Sub-agents: Terms for appointing sub-agents, included if sub-agents are permitted
5. Insurance: Insurance requirements for the representative, included for high-risk products or services
6. Compliance with Laws: Specific regulatory compliance requirements, included for regulated industries
7. Post-Termination Obligations: Detailed procedures after termination, included for complex relationships with significant handover requirements
8. Dispute Resolution: Specific dispute resolution procedures, included when parties want to specify mediation or arbitration
1. Schedule 1: Products and Services: Detailed list of products/services the representative is authorized to sell
2. Schedule 2: Commission Rates: Detailed commission structure including any variations by product or customer type
3. Schedule 3: Territory Map: Detailed map or description of the authorized sales territory
4. Schedule 4: Performance Metrics: Specific sales targets and evaluation criteria
5. Schedule 5: Reporting Templates: Standard forms for sales reports and other required documentation
6. Appendix A: Principal's Policies: Key company policies the representative must comply with
7. Appendix B: Marketing Guidelines: Detailed guidelines for use of marketing materials and brand assets
Authors
Manufacturing
Technology
Consumer Goods
Industrial Products
Healthcare
Electronics
Automotive
Chemical
Telecommunications
Software
Professional Services
Construction Materials
Food and Beverage
Pharmaceuticals
Agricultural Products
Legal
Sales
Business Development
Commercial
Finance
Compliance
Operations
Contract Administration
International Business
Channel Management
Sales Director
Business Development Manager
Commercial Director
Legal Counsel
Contracts Manager
Sales Operations Manager
Territory Manager
Channel Manager
Regional Sales Manager
Chief Commercial Officer
Sales Representative
Business Development Representative
Account Executive
Sales Operations Analyst
Compliance Officer
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