Sales Consultant Contract Template for Malaysia

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Key Requirements PROMPT example:

Sales Consultant Contract

"I need a Sales Consultant Contract for hiring a tech sales specialist in Malaysia starting March 2025, with a heavy focus on commission-based compensation (70% commission/30% base fee) and specific performance targets for enterprise software sales, including strict data protection clauses."

Document background
This Sales Consultant Contract is designed for use in Malaysia when engaging external sales expertise on a consulting basis. It provides a structured framework compliant with Malaysian law, including the Employment Act 1955, Contracts Act 1950, and relevant data protection legislation. The document is particularly useful for companies seeking to expand their sales capabilities without creating direct employment relationships. It includes comprehensive provisions for compensation, performance metrics, territorial rights, and protection of confidential information, while clearly establishing the consultant's status as an independent contractor. This agreement is suitable for both individual consultants and corporate consulting entities, with adaptable terms to accommodate various industry requirements and business needs.
Suggested Sections

1. Parties: Identification of the company and the sales consultant, including full legal names, registration numbers, and addresses

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 and detailed scope of sales consulting services

5. Term and Termination: Duration of the agreement and conditions for termination

6. Consultant's Obligations: Key responsibilities, performance standards, and deliverables expected from the consultant

7. Company's Obligations: Company's responsibilities including support, resources, and information provision

8. Compensation: Fee structure, commission rates, payment terms, and expenses policy

9. Intellectual Property: Ownership and rights to intellectual property created during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with PDPA 2010 and handling of personal data

12. Independent Contractor Status: Clarification of the consultant's status as an independent contractor

13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on working with competitors, used when the consultant will have access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting company's clients or employees, used for consultants with significant client contact

3. Insurance: Insurance requirements, used when the consultant needs professional indemnity or other specific insurance

4. Performance Targets: Specific sales targets and KPIs, used when compensation is significantly performance-based

5. Territory Rights: Geographic or client segment exclusivity, used when granting exclusive territories

6. Training and Support: Details of training provided by the company, used for complex products or services

7. Dispute Resolution: Specific dispute resolution procedures, used for high-value or complex arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of consulting services and deliverables

2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, commission rates, and bonus structures

3. Schedule 3 - Territory or Client List: Defined geographic areas or specific client accounts assigned

4. Schedule 4 - Company Policies: Relevant company policies and procedures applicable to consultants

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria

6. Appendix A - Required Reports: Templates and formats for required sales reports and documentation

7. Appendix B - Expense Policy: Detailed guidelines for expense claims and reimbursement procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Retail

Technology

Financial Services

Real Estate

Manufacturing

Telecommunications

Professional Services

Healthcare

Education

Consumer Goods

Industrial Equipment

Automotive

Construction

Energy

Relevant Teams

Sales

Legal

Human Resources

Procurement

Finance

Compliance

Business Development

Operations

Commercial

Relevant Roles

Sales Director

Business Development Manager

Sales Operations Manager

Commercial Director

Chief Revenue Officer

Sales Manager

Contract Manager

Legal Counsel

Human Resources Director

Procurement Manager

Sales Consultant

Business Development Consultant

Channel Sales Manager

Regional Sales Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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