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Independent Sales Rep Agreement Template for New Zealand

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Key Requirements PROMPT example:

Independent Sales Rep Agreement

"I need an Independent Sales Rep Agreement for our software company that covers the South Island of New Zealand, with exclusive territory rights and a minimum annual sales target of $500,000, starting from March 2025."

Document background
This Independent Sales Rep Agreement is designed for businesses operating in New Zealand that wish to expand their sales reach through independent contractors rather than employees. It is particularly suitable for companies looking to enter new markets, launch new products, or scale their sales operations without increasing their permanent workforce. The agreement covers essential aspects such as territory definitions, commission structures, performance metrics, and compliance requirements while ensuring alignment with New Zealand's commercial law framework. It is crafted to clearly establish the independent contractor status of the sales representative, protecting both parties from potential misclassification issues while providing a comprehensive framework for a successful commercial relationship. The document incorporates necessary protections for intellectual property, confidential information, and customer relationships, while maintaining flexibility for industry-specific modifications.
Suggested Sections

1. Parties: Identifies the contracting parties - the company and the independent sales representative

2. Background: Outlines the context of the agreement, including the company's business and its desire to engage independent sales representatives

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the appointment of the sales representative and defines the scope of their authority

5. Independent Contractor Status: Clearly establishes the nature of the relationship as independent contractor, not employment

6. Territory and Products: Defines the geographic area and products/services the representative is authorized to sell

7. Commission Structure: Details the commission rates, calculation methods, and payment terms

8. Performance Expectations: Outlines sales targets, reporting requirements, and minimum performance standards

9. Obligations of the Representative: Lists the representative's duties, responsibilities, and conduct requirements

10. Company Support: Describes what support, materials, and training the company will provide

11. Intellectual Property: Protects the company's IP and defines usage rights of trademarks and materials

12. Confidentiality: Protects confidential information of both parties

13. Term and Termination: Specifies the duration of the agreement and termination provisions

14. Post-Termination Obligations: Outlines obligations and restrictions after the agreement ends

15. General Provisions: Includes standard legal provisions like governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete Clause: Restricts the representative from competing activities - optional based on market sensitivity and enforceability

2. Insurance Requirements: Specifies required insurance coverage - relevant when representatives handle valuable products or operate vehicles

3. Sub-agents: Provisions for appointing sub-agents - needed if the representative may delegate sales activities

4. Marketing Requirements: Specific marketing obligations and standards - relevant for representatives handling their own marketing

5. Customer Data Protection: Detailed data protection requirements - important when handling significant customer data

6. Equipment and Resources: Provisions regarding company-provided equipment - relevant when specific tools are provided

7. Training Requirements: Mandatory training provisions - important for technical products or regulated industries

8. Minimum Purchase Requirements: For arrangements where representatives must maintain inventory

Suggested Schedules

1. Schedule 1: Territory Description: Detailed description of the geographic territory or market segment

2. Schedule 2: Product List: Comprehensive list of products/services the representative is authorized to sell

3. Schedule 3: Commission Rates: Detailed commission structure, including any tiered rates or special promotions

4. Schedule 4: Sales Targets: Specific sales targets and performance metrics

5. Schedule 5: Reporting Templates: Required formats for sales reports and documentation

6. Schedule 6: Company Policies: Relevant company policies the representative must follow

7. Appendix A: Approved Marketing Materials: List of approved marketing materials and usage guidelines

8. Appendix B: Confidential Information: Specific details of what constitutes confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses








































Relevant Industries

Retail

Wholesale

Manufacturing

Technology

Consumer Goods

Professional Services

Medical and Healthcare

Industrial Equipment

Construction Materials

Software and SaaS

Telecommunications

Financial Services

Real Estate

Automotive

Agriculture

Relevant Teams

Sales

Legal

Commercial

Business Development

Compliance

Operations

Finance

Human Resources

Marketing

Product Management

Relevant Roles

Sales Director

Commercial Manager

Business Development Manager

Channel Manager

Sales Operations Manager

Legal Counsel

Contracts Manager

Chief Revenue Officer

Regional Sales Manager

Independent Sales Representative

Sales Agent

Territory Manager

Product Manager

Chief Commercial Officer

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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