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Exclusive Sollicitation Sales Commission Agreement

This agreement outlines the terms and conditions for an exclusive sales commission arrangement between a company and a sales representative. It is used when engaging an independent sales agent to exclusively solicit sales on behalf of the company within a defined territory or for specific products/services.

Updated 15d ago
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Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{company_phone}}

Email: {{company_email}}

Website: {{company_website}}

Exclusive Solicitation Sales Commission Agreement

This Exclusive Solicitation Sales Commission Agreement (“Agreement”) is made and entered into on this {{day}} day of {{month}}, {{year}},

BETWEEN:

{{company_name}}, a company duly incorporated under the laws of {{country_of_incorporation}}, with its principal place of business at {{company_address}} (hereinafter referred to as the “Company”);

AND

{{sales_representative_name}}, an individual/company with registration number {{sales_representative_registration_number}} (if applicable), residing at/with its principal place of business at {{sales_representative_address}} (hereinafter referred to as the “Sales Representative”).

The Company and the Sales Representative are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

1. Appointment and Exclusivity

1.1 The Company hereby appoints the Sales Representative, and the Sales Representative accepts such appointment, as its exclusive agent for the solicitation and securing of sales for the following products/services: {{products_services_description}} (hereinafter referred to as the “Products/Services”).

1.2 This exclusive appointment shall apply within the geographical territory defined as {{territory_description}} (hereinafter referred to as the “Territory”).

1.3 During the term of this Agreement, the Company shall not appoint any other sales representative or agent to solicit sales of the Products/Services within the Territory, nor shall the Company solicit such sales directly, without the express written consent of the Sales Representative.

2. Term of Agreement

2.1 This Agreement shall commence on {{start_date}} and shall continue for an initial period of {{initial_term_duration}} (e.g., twelve (12) months), unless terminated earlier in accordance with the provisions of this Agreement.

2.2 This Agreement shall automatically renew for successive periods of {{renewal_term_duration}} unless either Party provides written notice of non-renewal at least {{notice_period_days}} days prior to the end of the then-current term.

3. Sales Representative's Responsibilities

3.1 The Sales Representative shall use their best efforts to promote and solicit sales of the Products/Services within the Territory.

3.2 The Sales Representative shall keep accurate records of all sales activities, contacts, and orders within the Territory and shall provide regular reports to the Company as reasonably requested.

3.3 The Sales Representative shall conduct all business in a professional and ethical manner, upholding the reputation and goodwill of the Company.

3.4 The Sales Representative shall not make any representations, warranties, or commitments on behalf of the Company unless expressly authorized in writing.

4. Commission Structure and Payment

4.1 The Company shall pay the Sales Representative a commission of {{commission_percentage}}% (e.g., ten percent) of the net value of all sales of the Products/Services successfully secured by the Sales Representative within the Territory.

4.2 “Net Value” shall mean the invoiced amount of the Products/Services, less any returns, allowances, discounts, or value-added tax (VAT).

4.3 Commissions shall be calculated and paid on a {{payment_frequency}} basis (e.g., monthly, quarterly), within {{payment_days}} days of the end of each payment period.

4.4 A sale shall be deemed “secured” upon {{event_trigger_commission_payment}} (e.g., receipt of full payment from the customer by the Company, delivery of products to the customer).

4.5 No commission shall be payable on uncollectible accounts, cancelled orders, or goods returned by customers.

5. Independent Contractor Status

5.1 The Sales Representative is an independent contractor and not an employee, partner, or joint venturer of the Company.

5.2 The Sales Representative shall be solely responsible for all income tax, social security, and other employment-related contributions and taxes applicable to their remuneration under this Agreement.

5.3 The Sales Representative shall have no authority to bind the Company to any contract or obligation.

6. Confidentiality

6.1 Both Parties agree to keep confidential all proprietary or confidential information disclosed by the other Party during the course of this Agreement, including but not limited to trade secrets, customer lists, pricing strategies, and marketing plans.

6.2 This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

7. Termination

7.1 Either Party may terminate this Agreement by giving {{notice_period_days_termination}} days’ written notice to the other Party.

7.2 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}} days of receiving written notice thereof.

7.3 Upon termination, the Sales Representative shall immediately return all Company property and confidential information.

8. Governing Law and Jurisdiction

8.1 This Agreement shall be governed by and construed in accordance with the laws of {{applicable_country}}.

8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of {{applicable_country}}.

Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.

FOR THE COMPANY:

____________________________

Name: {{company_signer_name}}

Title: {{company_signer_title}}

FOR THE SALES REPRESENTATIVE:

____________________________

Name: {{sales_representative_signer_name}}

Title: {{sales_representative_signer_title}}

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