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Independent Sales Contractor Agreement
"I need an Independent Sales Contractor Agreement for our software company that will engage 5 sales contractors in Queensland, with specific provisions for SaaS product sales, remote work arrangements, and a tiered commission structure starting from March 2025."
1. Parties: Identification of the principal company and the contractor, including ABN/ACN and contact details
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 contractor appointment and detailed scope of services
5. Term and Termination: Duration of the agreement, renewal provisions, and termination conditions
6. Contractor Obligations: Key responsibilities, performance standards, and compliance requirements
7. Principal's Obligations: Company's responsibilities, including support and resources provided
8. Compensation and Payment: Commission structure, payment terms, and expense policies
9. Independent Contractor Status: Clear establishment of independent contractor relationship and not employment
10. Intellectual Property: Ownership and usage rights of IP created during the engagement
11. Confidentiality: Protection of confidential information and trade secrets
12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client solicitation
13. Insurance and Liability: Insurance requirements and allocation of risks
14. Dispute Resolution: Process for handling disputes and applicable jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Equipment and Resources: Used when the principal provides specific tools or resources
2. Training Requirements: Include when specific training or certification is required
3. Performance Targets: Used when implementing specific KPIs or sales targets
4. Territory Rights: Include when assigning exclusive geographic or customer territories
5. Sub-contracting: Used when allowing or restricting the use of sub-contractors
6. Marketing and Branding: Include when contractor will represent company brand
7. Data Protection: Used when contractor handles significant customer data
8. Work Health and Safety: Include for high-risk industries or specific safety requirements
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule 2 - Territory Map: Geographic boundaries or customer segments assigned to contractor
3. Schedule 3 - Product List: List of products/services the contractor is authorized to sell
4. Schedule 4 - Performance Metrics: Specific KPIs, targets, and measurement criteria
5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing content and usage guidelines
6. Schedule 6 - Expense Policy: Detailed policies on reimbursable expenses and approval process
7. Appendix A - Required Insurance Coverage: Specific insurance types and minimum coverage amounts
8. Appendix B - Compliance Procedures: Step-by-step procedures for regulatory compliance
Authors
Approved Expenses
Business Day
Commencement Date
Commission
Competitor
Confidential Information
Contract Year
Customer
Deliverables
Force Majeure Event
GST
Intellectual Property Rights
Key Performance Indicators
Net Sales
Products
Principal
Principal's Business
Purchase Order
Quarter
Sales Report
Sales Target
Services
Territory
Term
Termination Date
Trade Secrets
Training Materials
Working Hours
Marketing Materials
Minimum Performance Requirements
Payment Terms
Personal Information
Professional Standards
Related Body Corporate
Sales Tools
Specifications
Sub-contractor
Target Market
Term
Services
Independent Contractor Status
Compensation
Commission Structure
Payment Terms
Performance Requirements
Territory Rights
Non-Competition
Non-Solicitation
Confidentiality
Intellectual Property
Data Protection
Insurance
Indemnification
Termination
Force Majeure
Assignment
Sub-contracting
Compliance
Records and Reporting
Audit Rights
Marketing and Branding
Training
Equipment and Resources
Expenses
Warranties
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Relationship of Parties
GST
Work Health and Safety
Customer Relations
Quality Standards
Retail
Technology
Financial Services
Real Estate
Manufacturing
Telecommunications
Professional Services
Medical Devices
Consumer Goods
Industrial Equipment
Software and SaaS
Insurance
Construction Materials
Pharmaceutical
Sales Operations
Legal
Human Resources
Compliance
Commercial
Finance
Business Development
Contract Administration
Sales Director
Commercial Manager
Business Development Manager
Sales Operations Manager
Contract Administrator
Compliance Manager
Legal Counsel
HR Director
Territory Manager
Channel Manager
Independent Sales Representative
Sales Contractor
Regional Sales Manager
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