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 this {{day}} day of {{month}}, {{year}}, by and between:
{{company_name}}, a company duly incorporated and existing under the laws of [South Africa/{{country}}], with its principal place of business at {{company_address}} (hereinafter referred to as 'the Principal');
AND
{{representative_name}}, an individual residing at {{representative_address}} / a company duly incorporated and existing under the laws of [South Africa/{{country}}], with its principal place of business at {{representative_address}} (hereinafter referred to as 'the Representative').
WHEREAS, the Principal is engaged in the business of {{principal_business_description}} and desires to appoint the Representative to promote and solicit orders for its products/services on a non-exclusive basis; and
WHEREAS, the Representative is willing to undertake such activities on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
1. APPOINTMENT AND SCOPE OF REPRESENTATION
1.1. The Principal hereby appoints the Representative, and the Representative hereby accepts such appointment, as a non-exclusive sales representative for the promotion and solicitation of orders for the Principal's products/services, as detailed in Schedule A attached hereto ('Products/Services').
1.2. This appointment is non-exclusive, meaning the Principal reserves the right to appoint other sales representatives, agents, distributors, or to sell the Products/Services directly within the designated territory.
1.3. The Representative shall primarily operate within the territory defined as {{territory}} ('Territory').
2. TERM AND TERMINATION
2.1. This Agreement shall commence on {{start_date}} and shall continue for a period of {{agreement_term}}, unless terminated earlier in accordance with the provisions of this Agreement.
2.2. Either party may terminate this Agreement by providing {{notice_period}} days' written notice to the other party.
2.3. This Agreement may be terminated by either party immediately upon written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach within {{cure_period}} days after receiving written notice of the same.
3. REPRESENTATIVE'S DUTIES AND OBLIGATIONS
3.1. The Representative shall use their best efforts to promote and solicit orders for the Products/Services within the Territory.
3.2. The Representative shall conduct all business in a professional manner and in accordance with the Principal's sales policies and guidelines.
3.3. The Representative shall regularly provide the Principal with reports on sales activities, market conditions, and customer feedback as reasonably requested by the Principal.
3.4. The Representative shall not make any representations, warranties, or commitments on behalf of the Principal unless expressly authorised in writing by the Principal.
3.5. The Representative shall bear all expenses incurred in the performance of their duties, including but not limited to travel, accommodation, and communication costs.
4. PRINCIPAL'S OBLIGATIONS
4.1. The Principal shall provide the Representative with necessary sales materials, product information, and training.
4.2. The Principal shall process all bona fide orders submitted by the Representative in a timely manner.
4.3. The Principal shall be responsible for all aspects of product delivery, customer service, and after-sales support.
5. COMMISSION AND PAYMENT
5.1. The Principal shall pay the Representative a commission of {{commission_percentage}}% of the net sales revenue generated from orders directly solicited and secured by the Representative and duly accepted and fulfilled by the Principal.
5.2. 'Net sales revenue' shall mean the gross sales price less any discounts, returns, allowances, or taxes.
5.3. Commissions shall be calculated and paid on a {{payment_frequency}} basis, within {{payment_days}} days following the end of each {{payment_frequency}}.
5.4. The Principal shall provide the Representative with a detailed commission statement accompanying each payment.
5.5. No commission shall be payable on orders cancelled or returned, or on sales for which the Principal does not receive full payment.
6. INDEMNIFICATION
6.1. The Representative shall indemnify and hold harmless the Principal from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Representative's acts or omissions in bad faith, negligence, or breach of this Agreement.
7. CONFIDENTIALITY
7.1. During the term of this Agreement and thereafter, the Representative shall keep confidential all non-public information, trade secrets, and business strategies of the Principal ('Confidential Information'). The Representative shall not disclose or use any Confidential Information for any purpose other than in connection with the performance of their duties under this Agreement.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1. This Agreement shall be governed by and construed in accordance with the laws of [South Africa/{{country}}].
8.2. Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith negotiations between the parties.
8.3. If the dispute cannot be resolved through negotiation, either party may refer the dispute to mediation in accordance with the rules of {{mediation_body}}.
8.4. If mediation is unsuccessful, the dispute shall be submitted to arbitration in accordance with the rules of {{arbitration_body}}.
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 discussions, negotiations, and agreements, whether written or oral.
SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Non-Exclusive Sales Representative Agreement as of the date first above written.
_____________________________
For: {{company_name}}
Name: {{principal_signatory_name}}
Title: {{principal_signatory_title}}
Date: {{principal_signature_date}}
_____________________________
For: {{representative_name}}
Name: {{representative_signatory_name}}
Title: {{representative_signatory_title}}
Date: {{representative_signature_date}}
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