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Non Exclusive Sales Representative Agreement
"I need a Non-Exclusive Sales Representative Agreement for my software company based in Bangalore, appointing multiple sales representatives across South India, with a focus on commission structure for both software licenses and maintenance services."
1. Parties: Identifies and provides full details of the principal company and the sales representative
2. Background: Outlines the context of the agreement, including the principal's business and desire to appoint sales representatives
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes the non-exclusive nature of the appointment and defines the geographical territory
5. Rights and Obligations of Sales Representative: Details the representative's duties, responsibilities, and permitted activities
6. Principal's Obligations: Outlines the principal's commitments, including support and information provision
7. Commission Structure: Details the commission rates, calculation methods, and payment terms
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Intellectual Property Rights: Protects the principal's IP and defines permitted usage by the representative
10. Confidentiality: Ensures protection of sensitive business information
11. Non-Solicitation: Prevents poaching of customers or employees during and after the agreement
12. Indemnification: Outlines mutual indemnification obligations
13. Governing Law and Jurisdiction: Specifies Indian law as governing law and sets jurisdiction for disputes
14. General Provisions: Includes standard boilerplate clauses like notices, entire agreement, and amendments
1. Performance Targets: Sets minimum sales targets or KPIs - include when specific performance metrics are required
2. Training Requirements: Specifies mandatory training programs - include when product complexity requires formal training
3. Marketing and Promotion: Details marketing responsibilities and cost sharing - include when representative has marketing duties
4. Sub-Representatives: Rules for appointing sub-representatives - include when sub-delegation might be needed
5. Insurance Requirements: Specifies required insurance coverage - include for high-value products or regulated industries
6. Data Protection: Additional data privacy obligations - include when handling personal data
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term relationship anticipated
8. Post-Termination Obligations: Detailed post-termination duties - include when complex wrap-up needed
1. Schedule 1 - Territory Description: Detailed description of geographical territory with specific boundaries
2. Schedule 2 - Products: Complete list of products/services the representative is authorized to sell
3. Schedule 3 - Commission Rates: Detailed commission structure including any variations by product/customer
4. Schedule 4 - Sales Targets: Specific sales targets and measurement criteria
5. Schedule 5 - Reporting Templates: Standard formats for sales reports and documentation
6. Appendix A - Principal's Policies: Relevant company policies the representative must follow
7. Appendix B - Marketing Guidelines: Guidelines for use of principal's brand and marketing materials
Authors
Manufacturing
Technology and Software
Consumer Goods
Industrial Products
Healthcare and Pharmaceuticals
Professional Services
Telecommunications
Electronics and Hardware
Automotive
Construction Materials
Financial Services
Education and Training
Legal
Sales
Business Development
Commercial Operations
Compliance
Finance
Contract Administration
Channel Management
Revenue Operations
Sales Director
Business Development Manager
Channel Manager
Sales Operations Manager
Legal Counsel
Commercial Director
Chief Revenue Officer
Regional Sales Manager
Contract Manager
Compliance Officer
Chief Commercial Officer
Sales Representative
Territory Manager
Account Executive
Business Development Representative
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