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Non Exclusive Sales Representative Agreement for New Zealand

Non Exclusive Sales Representative Agreement Template for New Zealand

A Non-Exclusive Sales Representative Agreement governed by New Zealand law that establishes a commercial relationship between a principal company and an independent sales representative. The agreement grants the representative the right to sell products or services within a defined territory, while allowing the principal to appoint other representatives in the same area. It covers essential elements including commission structure, performance expectations, territorial rights, reporting requirements, and termination provisions, all aligned with New Zealand commercial law principles and fair trading practices.

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Non Exclusive Sales Representative Agreement

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What is a Non Exclusive Sales Representative Agreement?

This Non-Exclusive Sales Representative Agreement is designed for use in New Zealand business contexts where a company (principal) wishes to engage an independent sales representative while maintaining the flexibility to appoint other representatives in the same territory. It is particularly useful for businesses expanding their sales channels without committing to exclusive arrangements. The agreement includes comprehensive provisions for commission structures, performance standards, territory definitions, and compliance with New Zealand law, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. It protects both parties' interests while maintaining the independent contractor status of the representative and ensuring clarity in the commercial relationship.

What sections should be included in a Non Exclusive Sales Representative Agreement?

1. Parties: Identification and details of the Principal and the Sales Representative

2. Background: Context of the agreement and general business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment, non-exclusive nature, and territory definition

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Representative's Obligations: Core duties, responsibilities, and performance standards

7. Principal's Obligations: Support, materials, and information to be provided by the principal

8. Commission Structure: Calculation method, payment terms, and conditions for commission

9. Intellectual Property: Usage rights and restrictions regarding principal's IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Termination: Grounds for termination and notice requirements

12. Post-Termination: Obligations and rights after agreement ends

13. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

14. Execution: Signature blocks and execution details

What sections are optional to include in a Non Exclusive Sales Representative Agreement?

1. Training Requirements: Specific training obligations and standards - include when specialized product knowledge is required

2. Minimum Performance Targets: Sales targets and performance metrics - include when specific performance levels are required

3. Marketing and Advertising: Guidelines for promotional activities - include when representative has marketing responsibilities

4. Sub-agents: Terms for appointing sub-agents - include when sub-agents are permitted

5. Insurance Requirements: Specific insurance coverage requirements - include for high-value products or services

6. Data Protection: Detailed data handling requirements - include when significant customer data processing is involved

7. Non-Compete: Post-termination competition restrictions - include when protecting market position is crucial

8. Dispute Resolution: Specific dispute resolution procedures - include when alternative dispute resolution is preferred

What schedules should be included in a Non Exclusive Sales Representative Agreement?

1. Schedule 1 - Territory Definition: Detailed description of geographical territory or market segment

2. Schedule 2 - Commission Rates: Detailed commission structure, rates, and calculation methods

3. Schedule 3 - Product List: List of products/services the representative is authorized to sell

4. Schedule 4 - Reporting Templates: Standard forms for sales reports and documentation

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria

6. Appendix A - Operating Procedures: Detailed operational guidelines and procedures

7. Appendix B - Marketing Guidelines: Approved marketing practices and brand usage rules

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions






































Clauses






































Relevant Industries

Retail

Manufacturing

Technology

Professional Services

Consumer Goods

Industrial Products

Healthcare

Software and SaaS

Telecommunications

Financial Services

Real Estate

Construction Materials

Agricultural Products

Medical Devices

Automotive

Relevant Teams

Sales

Legal

Commercial

Business Development

Operations

Contract Administration

Executive Leadership

Finance

Compliance

Relevant Roles

Sales Director

Commercial Manager

Business Development Manager

Sales Representative

Channel Manager

Regional Sales Manager

Chief Commercial Officer

Sales Operations Manager

Contract Manager

Legal Counsel

Chief Executive Officer

Territory Manager

Account Executive

Sales Administrator

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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