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Non Exclusive Sales Representative Agreement
"I need a Non-Exclusive Sales Representative Agreement for my Nigerian tech company to appoint multiple sales representatives in Lagos and Abuja, with a commission structure that includes both hardware and software products, starting from March 2025."
1. Parties: Identifies and provides full details of the Principal and Sales Representative
2. Background: Outlines the context of the agreement and the parties' intention to enter into a non-exclusive sales representation arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes the non-exclusive appointment and defines the geographical territory
5. Rights and Obligations of Sales Representative: Details the representative's duties, performance standards, and reporting requirements
6. Principal's Obligations: Outlines the principal's responsibilities, including product information, support, and training
7. Commission Structure: Details the commission rates, calculation methods, and payment terms
8. Term and Termination: Specifies the duration of the agreement and conditions for termination
9. Intellectual Property: Governs the use of trademarks, logos, and other IP during the representation
10. Confidentiality: Protects confidential information shared during the business relationship
11. Non-Solicitation: Prevents poaching of customers or employees during and after the agreement
12. Independent Contractor Status: Clearly establishes the representative's status as an independent contractor
13. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and sets jurisdiction for disputes
14. General Provisions: Includes standard clauses like force majeure, entire agreement, and amendments
1. Training and Support: Detailed provisions for training programs and ongoing support - include when significant product training is required
2. Performance Targets: Specific sales targets and performance metrics - include when implementing performance-based continuation terms
3. Marketing and Advertising: Guidelines for local marketing activities - include when representative has marketing responsibilities
4. Sub-agents: Terms for appointing sub-agents - include when sub-agents are permitted
5. Insurance: Insurance requirements - include when dealing with high-value products or specific risks
6. Data Protection: Specific data handling requirements - include when dealing with personal data
7. Post-Termination Obligations: Detailed post-termination procedures - include when complex wind-down procedures are needed
8. Compliance with Anti-Corruption Laws: Specific anti-corruption provisions - include when dealing with government contacts or high-risk territories
1. Schedule 1 - Products: Detailed list of products covered by the agreement
2. Schedule 2 - Territory Definition: Detailed description of geographical territory, including any excluded areas
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Reporting Templates: Standard formats for sales reports and performance tracking
5. Schedule 5 - Service Level Agreement: Specific performance standards and metrics
6. Appendix A - Principal's Trademarks: List of trademarks and usage guidelines
7. Appendix B - Confidential Information: Detailed description of what constitutes confidential information
8. Appendix C - Approved Marketing Materials: Templates and guidelines for marketing materials
Authors
Manufacturing
Consumer Goods
Technology
Pharmaceuticals
Industrial Equipment
Automotive
Electronics
FMCG
Construction Materials
Agricultural Products
Telecommunications
Medical Devices
Software and IT Services
Chemical Products
Energy and Power Equipment
Legal
Sales
Business Development
Commercial Operations
Compliance
Finance
International Trade
Contract Administration
Risk Management
Corporate Affairs
Sales Director
Business Development Manager
Commercial Director
Legal Counsel
Contracts Manager
Sales Operations Manager
Regional Sales Manager
Channel Manager
Chief Commercial Officer
Compliance Officer
Market Entry Specialist
Territory Manager
Distribution Manager
Sales Representative
Business Development Director
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