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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."
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
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
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
Retail
Real Estate
Insurance
Financial Services
Technology
Telecommunications
Manufacturing
Medical Devices
Pharmaceutical
Construction
Automotive
Professional Services
Consumer Goods
Industrial Equipment
Software and SaaS
Legal
Human Resources
Sales
Compliance
Finance
Operations
Commercial
Business Development
Contract Administration
Risk Management
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
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