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Salesperson Independent Contractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Salesperson Independent Contractor Agreement

"I need a Salesperson Independent Contractor Agreement for my tech company that will engage three software sales contractors in New Zealand starting March 2025, with a focus on SaaS products and including specific provisions for remote work and digital marketing requirements."

Document background
The Salesperson Independent Contractor Agreement is essential for New Zealand businesses seeking to engage sales professionals on a contractor basis rather than as employees. This document is particularly relevant in situations where companies want to expand their sales force without increasing their permanent employee headcount, or when engaging specialized sales professionals for specific products, territories, or market segments. The agreement ensures compliance with New Zealand's Contract and Commercial Law Act 2017 and related legislation, while clearly establishing the independent nature of the relationship. It covers crucial aspects such as commission structures, performance expectations, territorial rights, and mutual obligations, providing legal protection for both parties while maintaining flexibility in the commercial relationship.
Suggested Sections

1. Parties: Identifies the contracting parties - the company and the independent contractor salesperson

2. Background: Outlines the context of the agreement, including the company's business and the contractor's services

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Status: Establishes the independent contractor relationship and explicitly disclaims any employment relationship

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Contractor Obligations: Details the contractor's key responsibilities, performance standards, and compliance requirements

7. Company Obligations: Outlines what support, resources, or information the company will provide

8. Compensation and Payment Terms: Specifies commission rates, payment structure, and payment timing

9. Intellectual Property: Addresses ownership and use of company IP, including trademarks and marketing materials

10. Confidentiality: Protects company confidential information and trade secrets

11. Non-Compete and Non-Solicitation: Restricts competitive activities during and after the agreement

12. Insurance and Liability: Specifies required insurance coverage and liability obligations

13. Dispute Resolution: Outlines process for resolving disputes

14. General Provisions: Contains standard legal provisions including governing law, amendments, and notices

Optional Sections

1. Territory Rights: Defines geographic or customer territories when exclusive rights are granted

2. Performance Targets: Specifies sales targets or KPIs when minimum performance standards are required

3. Equipment and Resources: Details any company-provided equipment or resources when applicable

4. Training Requirements: Specifies mandatory training when industry-specific certifications or training are needed

5. Subcontracting: Addresses ability to subcontract when relevant to the business model

6. Data Protection: Additional privacy obligations when handling sensitive customer data

7. Marketing Guidelines: Specific marketing requirements when contractor has significant marketing responsibilities

8. Compliance with Industry Regulations: Industry-specific compliance requirements for regulated industries

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, bonuses, and calculation methods

2. Schedule 2 - Territory Map: Geographic boundaries or customer segments if territorial rights are granted

3. Schedule 3 - Product List: List of products or services the contractor is authorized to sell

4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement criteria

5. Schedule 5 - Company Policies: Relevant company policies and procedures the contractor must follow

6. Appendix A - Required Insurance Coverage: Specific insurance types and coverage amounts required

7. Appendix B - Reporting Templates: Standard forms for sales reporting and documentation

8. Appendix C - Marketing Guidelines: Detailed marketing and branding requirements

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

Real Estate

Insurance

Financial Services

Technology

Telecommunications

Manufacturing

Medical Devices

Pharmaceutical

Construction

Automotive

Professional Services

Consumer Goods

Industrial Equipment

Software and SaaS

Relevant Teams

Legal

Human Resources

Sales

Compliance

Finance

Operations

Commercial

Business Development

Contract Administration

Risk Management

Relevant Roles

Sales Director

Legal Counsel

HR Manager

Commercial Manager

Business Development Manager

Sales Operations Manager

Compliance Officer

Contract Administrator

Chief Revenue Officer

Sales Representative

Regional Sales Manager

Channel Manager

Account Executive

Chief Commercial 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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