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Undertaking Sale Representation Services

This template is an undertaking between a sales representative and a company, outlining the services to be provided for the sale of goods or services. It is used when engaging an external sales agent.

Updated 16d ago
undertakingsalesrepresentationagreementcommissionservicesagencySME

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Date

{{date}}

Sales Representative Information

Name: {{sales_representative_name}}

Address: {{sales_representative_address}}

Contact Number: {{sales_representative_phone}}

Email: {{sales_representative_email}}

Identification Document Number: {{sales_representative_ID_number}}

Agreement Preamble

This Undertaking Sale Representation Services Agreement (hereinafter referred to as the 'Agreement') is entered into on this {{day}} day of {{month}}, {{year}}, by and between {{company_name}} (hereinafter referred to as 'the Company') and {{sales_representative_name}} (hereinafter referred to as 'the Representative').

WHEREAS, the Company is engaged in the business of {{company_business_description}} and wishes to appoint the Representative to promote and sell its {{products_or_services}}.

AND WHEREAS, the Representative is desirous of undertaking such sales representation services on the terms and conditions hereinafter appearing.

1. Scope of Services

1.1 The Company hereby appoints the Representative as its non-exclusive sales representative for the purpose of marketing, promoting, and selling {{products_or_services}} within the designated territory of {{sales_territory}}.

1.2 The Representative agrees to use their best endeavors to achieve sales targets as mutually agreed upon with the Company from time to time. Initial targets are {{initial_sales_targets}}.

1.3 The Representative shall provide the following services: {{list_of_services_including_reporting_and_client_feedback_mechanisms}}.

1.4 The Representative shall not have the authority to bind the Company to any contract or obligation without the prior written consent of the Company.

2. Commission Structure

2.1 The Company shall pay the Representative a commission based on successful sales of {{products_or_services}}.

2.2 The commission rate shall be {{commission_rate_percentage}}% of the net sales revenue generated by the Representative.

2.3 Commission payments shall be made {{payment_frequency, e.g., monthly, quarterly}} on or before the {{day_of_month}} day of each period, accompanied by a detailed statement of sales and commissions earned.

2.4 For the purpose of this Agreement, 'net sales revenue' shall mean the gross sales revenue less any returns, allowances, discounts, or taxes.

3. Term and Termination

3.1 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 herein.

3.2 Either party may terminate this Agreement by providing {{notice_period, e.g., thirty (30) days}} written notice to the other party.

3.3 The Agreement may be terminated immediately by either party in the event of a material breach of any terms or conditions of this Agreement by the other party, which breach is not remedied within {{cure_period, e.g., fourteen (14) days}} of written notice thereof.

4. Confidentiality

4.1 The Representative agrees to keep confidential all proprietary and confidential information of the Company, including but not limited to, trade secrets, customer lists, pricing strategies, and business plans, both during and after the term of this Agreement.

4.2 The Representative shall not disclose or use any such confidential information for any purpose other than for fulfilling their obligations under this Agreement.

5. Independent Contractor Status

5.1 The Representative acknowledges and agrees that they are an independent contractor and not an employee, partner, or agent of the Company for any purpose whatsoever.

5.2 The Representative shall be solely responsible for all their own taxes, insurance, and other liabilities arising from their activities under this Agreement.

6. Governing Law and Dispute Resolution

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

6.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the {{arbitration_body_name, e.g., Arbitration Foundation of Southern Africa (AFSA)}}.

6.3 The seat of arbitration shall be {{city_name}}, and the language of the arbitration shall be English.

7. Entire Agreement

7.1 This Agreement constitutes the entire agreement between the Company and the Representative and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

Signature Block

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

___________________________

{{company_name}}

By: ________________________

Name: {{company_authorized_signatory_name}}

Title: {{company_authorized_signatory_title}}

Date: {{date}}

___________________________

{{sales_representative_name}}

By: ________________________

Name: {{sales_representative_name}}

ID Number: {{sales_representative_ID_number}}

Date: {{date}}

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