The Sales Consultant Agreement is essential for businesses operating in Indonesia that seek to enhance their sales capabilities through external expertise. This document is designed to comply with Indonesian legal requirements while protecting both parties' interests. It's particularly useful when companies need specialized sales knowledge, market expansion support, or temporary sales leadership without creating permanent employment relationships. The agreement covers crucial aspects such as service scope, compensation structures, performance metrics, and compliance with local regulations including the Indonesian Civil Code and employment laws. It's structured to accommodate both individual consultants and consulting firms, with flexibility to address various sales consulting arrangements from short-term projects to ongoing engagements.
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1. Parties: Identifies the contracting parties - the company and the sales consultant, including their complete legal names and addresses
2. Background: Explains the context of the agreement, including the company's business and its need for sales consulting services
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope of Services: Details the consultant's appointment and specific sales consulting services to be provided
5. Term: Specifies the duration of the agreement, including start date and initial term
6. Compensation and Payment Terms: Outlines the fee structure, payment schedule, and any performance-based incentives
7. Obligations of the Consultant: Lists the consultant's duties, responsibilities, and performance standards
8. Company's Obligations: Specifies what the company must provide to enable the consultant to perform their services
9. Intellectual Property Rights: Addresses ownership of work product and pre-existing IP
10. Confidentiality: Defines confidential information and obligations to maintain confidentiality
11. Termination: Sets out grounds for termination and the process for ending the agreement
12. Post-Termination Obligations: Specifies obligations that survive after the agreement ends
13. Governing Law and Dispute Resolution: Specifies Indonesian law as governing law and methods for resolving disputes
1. Exclusivity: Include when the consultant is required to work exclusively for the company
2. Non-Competition: Include when restricting the consultant from competing activities during and after the agreement
3. Insurance: Include when requiring the consultant to maintain specific insurance coverage
4. International Services: Include when services will be provided across multiple jurisdictions
5. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
6. Data Protection: Include when the consultant will handle personal or sensitive data
7. Compliance with Anti-Corruption Laws: Include when dealing with government entities or high-risk markets
8. Assignment and Subcontracting: Include when need to specifically address ability to transfer rights or use subcontractors
1. Schedule A - Services Description: Detailed description of the consulting services to be provided
2. Schedule B - Compensation Structure: Detailed breakdown of fees, commission rates, and payment calculations
3. Schedule C - Performance Metrics: Specific KPIs and performance targets
4. Schedule D - Territory Assignment: Definition of geographical or customer segment coverage
5. Schedule E - Approved Expenses: List of reimbursable expenses and approval process
6. Appendix 1 - Reporting Templates: Standard forms for activity and performance reporting
7. Appendix 2 - Company Policies: Relevant company policies the consultant must comply with
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