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Independent Sales Rep Agreement
"I need an Independent Sales Rep Agreement for our technology company based in Manila, with exclusive territory rights for the Visayas region, incorporating a tiered commission structure starting from March 2025 and including specific performance targets for enterprise software sales."
1. Parties: Identifies the principal company and the independent sales representative, including full legal names and addresses
2. Background: Explains the context of the agreement, the principal's business, and the purpose of engaging an independent sales representative
3. Definitions: Defines key terms used throughout the agreement, including 'Products', 'Territory', 'Customers', 'Commission', etc.
4. Appointment and Scope: Establishes the appointment of the sales representative, defines the territory, and specifies exclusive or non-exclusive nature of the appointment
5. Independent Contractor Status: Clearly establishes the independent contractor relationship and disclaims any employer-employee relationship
6. Duties and Responsibilities: Details the sales representative's obligations, reporting requirements, and performance standards
7. Commission Structure: Outlines the commission rates, calculation methods, and payment terms
8. Term and Termination: Specifies the duration of the agreement and grounds for termination
9. Confidentiality: Protects the principal's confidential information and trade secrets
10. Non-Competition and Non-Solicitation: Restricts competitive activities during and after the agreement term
11. Intellectual Property: Addresses ownership and usage of trademarks, logos, and other IP
12. Indemnification: Sets forth mutual indemnification obligations
13. General Provisions: Includes standard clauses like notices, amendments, governing law, etc.
1. Marketing and Advertising: Include when the sales rep has responsibilities for marketing activities or must follow specific marketing guidelines
2. Training Requirements: Include when specific training or certification requirements exist
3. Minimum Performance Standards: Include when setting specific sales targets or quotas
4. Expense Reimbursement: Include when certain expenses will be reimbursed by the principal
5. Customer Service Requirements: Include when the sales rep has post-sale support responsibilities
6. Insurance Requirements: Include when specific insurance coverage is required
7. Data Protection: Include when the sales rep will handle personal data subject to privacy laws
8. Compliance with Anti-Corruption Laws: Include when dealing with government clients or high-risk sectors
1. Schedule A - Products and Services: Detailed list of products/services the sales rep is authorized to sell
2. Schedule B - Commission Rates: Detailed commission structure, including any variations by product or customer type
3. Schedule C - Territory Description: Detailed description of the geographic or customer territory assigned
4. Schedule D - Sales Targets: Specific sales targets or quotas if applicable
5. Schedule E - Reporting Requirements: Templates and specifications for required reports
6. Appendix 1 - Operating Procedures: Detailed procedures for order processing, customer handling, etc.
7. Appendix 2 - Marketing Guidelines: Guidelines for use of company branding and marketing materials
Authors
Applicable Laws
Approved Customers
Commission
Competing Products
Confidential Information
Customer
Effective Date
Force Majeure Event
Gross Sales
Initial Term
Intellectual Property Rights
Net Sales
Products
Principal
Purchase Order
Quarterly Sales Target
Representatives
Sales Report
Sales Territory
Sales Tools
Services
Term
Territory
Trade Secrets
Trademarks
Valid Order
Working Day
Commission Period
Minimum Performance Requirements
Order Processing System
Payment Terms
Price List
Product Specifications
Renewal Term
Sales Documentation
Company Policies
Marketing Materials
Independent Contractor Status
Territory Rights
Commission
Payment Terms
Performance Requirements
Duties and Responsibilities
Term and Duration
Termination
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Representations and Warranties
Indemnification
Force Majeure
Assignment
Amendment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Compliance with Laws
Data Protection
Insurance
Audit Rights
Marketing and Promotion
Training
Customer Service
Order Processing
Reporting Requirements
Record Keeping
Product Returns
Expense Reimbursement
Use of Trademarks
Anti-Corruption
Waiver
Consumer Goods
Industrial Products
Technology
Healthcare and Medical Devices
Construction Materials
Automotive
Electronics
Telecommunications
Food and Beverage
Pharmaceuticals
Real Estate
Financial Services
Manufacturing
Retail
Sales
Legal
Human Resources
Finance
Operations
Business Development
Commercial Operations
Compliance
Contract Administration
Sales Director
Commercial Director
Business Development Manager
Sales Operations Manager
Channel Manager
Regional Sales Manager
Chief Commercial Officer
Sales Representative
Account Executive
Territory Manager
Legal Counsel
Contracts Manager
HR Director
Chief Financial Officer
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