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Non Exclusive Sales Representative Agreement
"I need a Non-Exclusive Sales Representative Agreement for my software company in South Africa, appointing multiple sales representatives to sell our cloud-based solutions across different provinces, with a quarterly commission structure and specific performance targets starting from March 2025."
1. Parties: Identification and details of the Principal/Company and the Sales Representative
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, non-exclusive nature, and scope of representation
5. Territory: Geographic area or market segment where the representative is authorized to operate
6. Products and Services: Description of products/services the representative is authorized to sell
7. Duties and Responsibilities: Detailed obligations of the sales representative
8. Commission Structure: Commission rates, calculation methods, and payment terms
9. Company's Obligations: Support, training, and resources provided by the company
10. Term and Termination: Duration of agreement and grounds for termination
11. Intellectual Property: Usage rights and protection of company's IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Non-Solicitation: Restrictions on soliciting customers or employees
14. Relationship of Parties: Clarification of independent contractor status
15. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Performance Targets: Specific sales targets and performance metrics, used when minimum performance standards are required
2. Training Requirements: Mandatory training programs and certifications, included when specific qualifications are needed
3. Marketing and Advertising: Guidelines for marketing activities, included when representative has marketing responsibilities
4. Sub-agents: Terms for appointing sub-agents, used when sub-agent arrangements are permitted
5. Insurance Requirements: Specific insurance coverage requirements, included for high-value or high-risk products
6. Data Protection: POPIA compliance provisions, included when personal data processing is involved
7. Export Control: Export regulations compliance, included for international sales
8. Dispute Resolution: Detailed dispute resolution procedures, included for complex arrangements
1. Schedule A - Product List: Detailed list of products/services with specifications and pricing
2. Schedule B - Commission Rates: Detailed commission structure, including any variations by product or volume
3. Schedule C - Territory Map: Detailed description or map of authorized sales territory
4. Schedule D - Sales Targets: Specific performance metrics and targets
5. Schedule E - Reporting Templates: Standard forms for sales reports and commission calculations
6. Schedule F - Company Policies: Relevant company policies and procedures
7. Appendix 1 - Contact Details: Key contact information for both parties
8. Appendix 2 - Required Documentation: List of required licenses, permits, or certifications
Authors
Manufacturing
Technology and Software
Consumer Goods
Industrial Equipment
Professional Services
Healthcare and Medical Devices
Construction Materials
Automotive
Telecommunications
Financial Services
Agriculture
Mining Equipment
Chemical and Industrial Products
Sales
Legal
Business Development
Commercial Operations
Compliance
Contract Administration
Executive Leadership
Finance
Human Resources
Marketing
Sales Director
Commercial Director
Business Development Manager
Sales Representative
Channel Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Regional Sales Manager
Territory Manager
Sales Operations Manager
Compliance Officer
Managing Director
Chief Executive Officer
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