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Non-Exclusive Sales Representative Agreement

This Non-Exclusive Sales Representative Agreement is for establishing a relationship between a company and a sales representative who will promote and sell the company's products or services on a non-exclusive basis. It outlines the terms of engagement, compensation, and responsibilities of both parties.

Updated 15d ago
sales agreementrepresentative agreementnon-exclusivecommissionemployee contractSME

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Non-Exclusive Sales Representative Agreement

This Non-Exclusive Sales Representative Agreement ("Agreement") is made and entered into on this {{date}} day of {{month}}, {{year}} ("Effective Date"), by and between:

{{company_name}}, a company duly incorporated under the laws of [Country, e.g., South Africa], with its principal place of business at {{company_address}} (hereinafter referred to as "Company"),

AND

{{representative_name}}, an individual residing at {{representative_address}}, or a company duly incorporated under the laws of [Country, e.g., South Africa], with its principal place of business at {{representative_address}} (hereinafter referred to as "Representative").

Collectively referred to as the "Parties" and individually as a "Party."

1. Appointment and Acceptance

1.1. The Company hereby appoints the Representative as a non-exclusive sales representative to promote and solicit orders for the Company's products/services as specified in Schedule A (hereinafter referred to as "Products") within the territory defined in Schedule B (hereinafter referred to as "Territory").

1.2. The Representative accepts such appointment and agrees to use their best efforts to promote and sell the Products in the Territory in accordance with the terms and conditions of this Agreement.

2. Independent Contractor Status

2.1. The Representative shall operate as an independent contractor and not as an employee, agent, joint venture, or partner of the Company. The Representative shall be solely responsible for all income tax, social contributions, and other employment-related liabilities.

2.2. The Representative shall have no authority to bind the Company to any obligation or to make any representations or warranties on behalf of the Company, except as expressly authorized in writing by the Company.

3. Compensation

3.1. The Company shall pay the Representative a commission for sales of Products in the Territory that are directly attributable to the Representative's efforts and accepted by the Company. The commission rate shall be {{commission_rate}}% of the net selling price of the Products.

3.2. Commissions shall be calculated on a {{payment_frequency}} basis (e.g., monthly, quarterly) and paid within {{payment_days}} days after the end of each period, accompanied by a detailed statement of sales and commissions earned.

3.3. No commission shall be payable on returned goods, cancelled orders, bad debts, or orders that are not accepted by the Company for any reason.

4. Responsibilities of the Representative

4.1. The Representative shall diligently promote and solicit orders for the Products within the Territory.

4.2. The Representative shall maintain adequate records of all sales activities, contacts, and orders within the Territory.

4.3. The Representative shall provide the Company with regular reports on sales activities, market conditions, and competition, as reasonably requested by the Company.

4.4. The Representative shall conduct business ethically and in a manner that reflects favourably on the Company.

5. Responsibilities of the Company

5.1. The Company shall provide the Representative with necessary sales materials, product information, and reasonable training as required.

5.2. The Company shall process all orders submitted by the Representative in a timely manner.

5.3. The Company shall pay commissions to the Representative in accordance with the terms of this Agreement.

6. Term and Termination

6.1. This Agreement shall commence on the Effective Date and shall continue for a period of {{term_duration}} (e.g., one year), unless terminated earlier in accordance with the provisions herein.

6.2. Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party.

6.3. Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.

7. Confidentiality

7.1. The Representative agrees to keep confidential all proprietary and confidential information of the Company, including but not limited to product designs, pricing, customer lists, and business strategies, both during the term of this Agreement and after its termination.

8. Governing Law and Dispute Resolution

8.1. This Agreement shall be governed by and construed in accordance with the laws of [Country, e.g., Nigeria].

8.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [City, Country, e.g., Accra, Ghana]. Alternatively, disputes may be resolved through mediation or arbitration in accordance with [relevant arbitration rules, e.g., the rules of the Arbitration Foundation of Southern Africa (AFSA)].

9. Entire Agreement

9.1. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

Signature Block

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

For the Company:

_____________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

Date: {{date}}

For the Representative:

_____________________________

Name: {{representative_signatory_name}}

Title: {{representative_signatory_title}} (if applicable)

Date: {{date}}

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