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Sales Representative Contract
"I need a Sales Representative Contract for appointing an exclusive sales agent to represent my medical device company in East Malaysia, with a minimum sales target of RM 2 million for 2025 and a tiered commission structure ranging from 5-12% based on performance."
1. Parties: Identification of the company and the sales representative with full legal names and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement including Products, Territory, Customers, Commission, etc.
4. Appointment and Territory: Scope of appointment, territory definition, and exclusivity/non-exclusivity terms
5. Representative's Duties and Responsibilities: Detailed obligations, sales targets, reporting requirements, and standard of performance
6. Company's Obligations: Support, training, marketing materials, and other company commitments
7. Commission Structure and Payment Terms: Calculation method, payment schedule, deductions, and reporting
8. Term and Termination: Duration of agreement, renewal terms, and termination conditions
9. Confidentiality: Protection of business secrets and customer information
10. Intellectual Property: Usage rights of company trademarks, logos, and materials
11. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term
12. Independent Contractor Status: Clarification of relationship and tax responsibilities
13. General Provisions: Standard clauses including governing law, notices, and amendment procedures
1. Product Training: Detailed training requirements and certification processes, include if products require specialized knowledge
2. Marketing and Advertising: Guidelines for promotional activities, include if representative has marketing responsibilities
3. Insurance Requirements: Specific insurance coverage requirements, include if high-value products or significant risks involved
4. Data Protection: Specific PDPA compliance requirements, include if handling sensitive customer data
5. Minimum Performance Requirements: Specific sales targets and consequences, include if performance-based relationship
6. Sub-Representatives: Rules for appointing sub-agents, include if allowed to delegate duties
7. International Sales: Cross-border sales regulations, include if territory spans multiple countries
1. Schedule 1 - Territory Description: Detailed geographical boundaries and/or customer segments
2. Schedule 2 - Product List: Comprehensive list of products/services with pricing and commission rates
3. Schedule 3 - Commission Structure: Detailed commission calculations, bonuses, and special incentives
4. Schedule 4 - Sales Targets: Specific performance metrics and evaluation criteria
5. Schedule 5 - Reporting Templates: Standard forms for sales reports and documentation
6. Schedule 6 - Company Policies: Relevant company procedures and compliance requirements
7. Appendix A - Marketing Guidelines: Approved marketing practices and brand usage rules
Authors
Business Day
Commission
Company
Confidential Information
Customers
Effective Date
Force Majeure
Intellectual Property Rights
Identity Card
Marketing Materials
Minimum Sales Target
Net Sales
Products
Purchase Order
Quarter
Representative
Sales Report
Service Standards
Territory
Term
Trade Marks
Working Hours
Territory
Exclusivity
Duration
Renewal
Commission
Payment Terms
Performance Standards
Reporting Requirements
Training
Marketing Support
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Independent Contractor Status
Representations and Warranties
Indemnification
Insurance
Force Majeure
Termination
Post-Termination Obligations
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Data Protection
Compliance with Laws
Authority and Relationship
Customer Service
Product Returns
Record Keeping
Retail
Manufacturing
Consumer Goods
Technology
Pharmaceuticals
Industrial Equipment
Automotive
Electronics
Telecommunications
Food and Beverage
Construction Materials
Fashion and Apparel
Medical Devices
Software and IT Services
Chemical Products
Sales
Legal
Human Resources
Compliance
Finance
Operations
Business Development
Commercial
Administration
Risk Management
Sales Director
Commercial Director
Business Development Manager
Regional Sales Manager
Sales Operations Manager
Channel Manager
Territory Manager
Sales Representative
Account Executive
Legal Counsel
Contracts Manager
HR Director
Chief Commercial Officer
Sales Administrator
Compliance Officer
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