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Contract Sales Representative
"I need a Contract Sales Representative agreement for our Swiss MedTech company hiring a sales representative to cover the German-speaking cantons, with exclusive territory rights and a commission structure of 10% base plus performance bonuses, starting March 1, 2025."
1. Parties: Identification of the Company and the Sales Representative, including full legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the company's business, and the purpose of engaging a sales representative
3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Products', 'Customers', 'Commission', etc.
4. Appointment and Territory: Scope of the sales representative's appointment, exclusivity/non-exclusivity, and defined geographical territory
5. Duties and Responsibilities: Detailed description of the sales representative's obligations, targets, and reporting requirements
6. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
7. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Non-Competition and Non-Solicitation: Restrictions during and after the contract term
10. Intellectual Property: Rights and restrictions regarding use of company trademarks, logos, and materials
11. Data Protection: Compliance with Swiss data protection laws and handling of customer data
12. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Training and Support: Details of training provided by the company, applicable when the company offers significant training programs
2. Expenses: Rules for reimbursement of business expenses, relevant when the representative incurs significant expenses
3. Insurance: Requirements for professional liability insurance, applicable for high-value products or services
4. Compliance with International Trade Laws: Required when sales activities involve international transactions
5. Sub-agents: Rules regarding appointment of sub-agents, if permitted
6. Minimum Performance Requirements: Specific sales targets and consequences of non-achievement, used for performance-based contracts
7. Marketing and Promotion: Guidelines for marketing activities, when the representative has marketing responsibilities
1. Schedule 1 - Territory Definition: Detailed description of the geographical territory, including maps if relevant
2. Schedule 2 - Product List: Comprehensive list of products/services the representative is authorized to sell
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Sales Targets: Specific sales targets and measurement periods
5. Schedule 5 - Reporting Templates: Standard forms for sales reports and activity tracking
6. Appendix A - Company Policies: Relevant company policies affecting the sales representative's activities
7. Appendix B - Expense Policy: Detailed rules and procedures for expense claims and reimbursement
Authors
Term
Territory
Duties and Obligations
Authority
Commission
Payment Terms
Sales Targets
Reporting Requirements
Training
Marketing Support
Customer Relations
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Record Keeping
Compliance
Insurance
Termination
Force Majeure
Assignment
Amendments
Notices
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Manufacturing
Technology
Consumer Goods
Industrial Equipment
Pharmaceuticals
Medical Devices
Software and IT
Professional Services
Construction Materials
Automotive
Chemicals
Electronics
Food and Beverage
Luxury Goods
Sales
Legal
Human Resources
Business Development
Contract Administration
Compliance
Finance
Operations
Sales Representative
Business Development Manager
Territory Manager
Sales Agent
Commercial Agent
Regional Sales Manager
Account Executive
Sales Director
Chief Sales Officer
Contract Manager
Legal Counsel
HR Manager
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