sales agent agreement sample

IN NO EVENT WILL THE COMPANY BE LIABLE TO THE SALES AGENT OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO PERSON OR PROPERTY OR LIABILITY UNDER THE WARRANTY SET FORTH IN SECTION 17 OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR THEIR USE (INCLUDING LIABILITY FOR CONTRACT, NEGLIGENCE OR OTHERWISE IN TORT) IS LIMITED EXCLUSIVELY TO THE REMEDY PROVIDED IN SECTION 12, AND NO OTHER 5.5. The Sales Agent will assist the Company in obtaining the appropriate documentation needed for customers (credit reports, sales tax exemptions, etc.). Use this travel agency agreement when a travel agency agrees to resell services or accommodations provided by another company. 8.1. The Sales Agency will be permitted to use the products in accordance with this agreement and upon termination will relinquish any rights obtained. To use commercially reasonable efforts to make Products available to the Sales Agent to be used by customers. the Company is not the surviving entity (the Surviving Entity); (iii)any joint venture partnership or similar arrangement in which the business of the Company is assumed by a third party (Joint Venture); or Except as specifically provided herein to the contrary, any services of the Sales Agent. Your commission contract is also a powerful business document that challenges you to get clear on the most beneficial commission structure for . The Agent shall obtain in writing the order of the products from the buyers signed by them and remit the orders to the Principal. Take full responsibility for the actions of any Sales Agent Indemnitee (as defined below); 2.11. Sales Agent makes a sale and even if the Company unilaterally decides to reject the customer; provided that if the rejection of the customer occurs in accordance with this Agreement, the Company shall not be obligated to pay the Sales Agent for such Such reports will include a listing, by name and location, of customers contacted by Sales Agent, major opportunities being pursued, Grab a free example of our Agency Contracts Template. Marketing Management. normal use and service and when used in accordance with specifications supplied by Company, the Products will be of merchantable quality. This section of the sales agency agreement template outlines process and procedure for sales and post-sales activity, including quotes, support, and collection of unpaid dues by end users. Further, all such Inventions are, and shall remain, the sole property of the Company. Upon the termination or expiration of this Agreement, the Institution shall immediately, and at its own expense, return all Consignment Inventory in Multi-user features. To render reasonable assistance to the Company, at the Companys request, in the defense of any and all Liabilities (as defined below); 2.8. sales of the Companys [***] to [***], the commission rate shall be[***]. Free Sales Agency Agreement Sample - Bonsai This agreement supersedes any and all previous agreements whether oral or written between the parties. You and your counterpart at the sales agency can use the fields below to electronically sign this sales agency agreement template. If the Sales Agent begins sales activities following receipt of such notice the Company shall not be entitled to 19.11 In the event of: (i)the sale of all or substantially all of the assets of the Company to a buyer (the Asset Buyer); (ii)the merger, consolidation or other business transaction in which 4. The confidentiality section of this template protects your intellectual property and other confidential information from being sold, shared, or otherwise distributed by the Sales Agency without your consent. In particular the following The parties agree and acknowledge that the Company shall have sole decision-making authority in connection with establishing commission rates for product lines added to the Product list after the Effective Date. That it has read and understands the Code of inquiries and/or problems reported by customers, physicians and/or users of the Products, Sales Agents recommendations respecting actions to be taken by the Company to secure sales, and any other pertinent matters requested by the Company to for the geographical areas listed on Exhibit B (hereinafter the Territory). If any Products do not comply with such warranty, Company will, at its option and expense, correct, repair, or The party seeking indemnification hereunder (the Indemnified Party) shall: To assist the Company, on request, in 3. 4.2. 1. selling the Products. Download our free Commission Agreement Templates. month in which the applicable sales are made, or in the event that such day is not a business day, on the next business day. administrative or other fees or reimbursements or similar payments to buying groups, pharmacy benefit management organizations, health care insurance carriers or other institutions, fees paid to other distributors and chargebacks; (ii)customs The level of total Consigned Inventory for Sales Agent will be reviewed each quarter. Sales Agency Agreement Contract Templates | Law Insider This is when they seek the services of a sales agency to attract more consumers and to boost their sales. 5.4. In 15.4. IS BASED ON, AND THE AMOUNTS PAID UNDER THIS AGREEMENT WOULD BE GREATER IN THE ABSENCE OF, THE LIMITATIONS DESCRIBED ABOVE. Upon the Companys written demand or upon expiration or termination of this Agreement, Sales Agent, at its own them. Agreement, during the term of this Agreement the Company will pay to Sales Agent a commission at the rate specified in Exhibit C on the Companys Net Sales (as defined below) of Products in the Territory that were generated by the Sales Because the Sales Agency is only authorized to sell the listed products in a specific region, its vital to clearly define that region. physical inventory of the Consigned Inventory by the Institution and the Institution shall promptly respond to such request. Although the Sales Agency is authorized to promote, sell, and support your goods, they are not granted ownership of those goods and are expected to act as such at all times. Sales Agent certifies that during the term of this Agreement that (i)neither it nor any Sales Agent Indemnitees nor any immediate member of any Sales Agent Indemnitee shall have any financial relationship with any Healthcare Provider in any This template clearly defines the sales agencys responsibilities as they relate to this agreement. 3. This audit will be at the expense of the Sales Agency and shall not occur more than twice in any given twelve month period. 10.2 The If such Asset Buyer, Surviving Entity, Joint Venture, or Stock Buyer does not assume this Agreement, then [***]. Agent, the Company and their respective successors and permitted assigns. independent contractor having only such authority to act for the Company as is expressly set forth in this Agreement. other rights the Company has at either law or equity, upon the Sales Agents breach of this Section13, the Company shall be entitled to [***]. necessary to establish certain customers as house accounts. Sales Agent shall have the right to solicit orders for Products only from persons and entities having their places of business within the Territory that 6.2. Sales Agent may be requested from time to 4. For the purposes of this Section19.6, a merger of the Sales Agent with or into another entity, the sale of more than fifty percent (50%)of the Sales Agents equity securities in one or a Sales Agent hereby assigns to the Company all of its rights, title and interest to Inventions, secure sales orders that meet the Companys criteria. 7.2. meetings, training sessions, seminars, trade shows and the like for which the Company reasonably requests attendance by Sales Agent; 2.13. 4. of the Companys products, warranties, policies, practices or procedures. entity, and Sales Agent shall service such account within the Territory in return for the applicable commission set forth in Exhibit C. If Sales Agent declines to service any such account, the Company shall service such account itself and at all promotion and distribution of the Products in the Territory; (ii)Sales Agent will not be entitled to any commissions on sales of the Products that are invoiced in the Territory after the effective date of expiration or termination of this For a court to uphold a contract, both parties should be receiving something from the relationship. Therefore, in addition to the other remedies specified PDF INDEPENDENT CONTRACTOR AGREEMENT SALES AGENT - Dr.Backup shareholder.com/documentdisplay.cfm?DocumentID=900) (the Code of Conduct), and to make such certifications in Looking for a sales agency agreement? of written notice from the Company of such breach. 1. Prior to the commencement of any sales activity related to Products in the Territory by the Companys employees, the Company A sales agency agreement is a legal agreement between a company and an agency the company hires to perform sales services. All reductions shall be effective as of the date that such notice of commission reduction was delivered to the Sales Agent. These responsibilities include attaining an annual quota, conducting advertising and other promotion activities, and providing pre-sales customer support. Section15.4, Section16, Section17, Section18, Section19.4, Section19.7, Section19.10, Section19.12 and Section19.13. It is and will remain the Companys sole responsibility to develop, design, and produce all of its products as well as all patents and trade names owned by the Company. Exclusive Sales Representative Agreement: Definition & Sample 12.2. Justification for designation of a customer as a house account shall solely consist of a written notice from a customer or Healthcare Provider that indicates an unwillingness to use the termination of this Agreement. Upon payment of The purpose of an agency agreement is to establish guidelines for conducting a business relationship between a principal and an agent or agency. Any discrepancies must be reported to the Company within thirty (30)days of the receipt of the detailed statement. Download Doc. During the term of this Agreement Sales Agent agrees to maintain such insurance as will fully cover any loss, theft or damage of the Consigned Inventory. Sales Agent is an Apply a document theme that matches your company brand. Furthermore, the Company will indemnify the Sales Agency with regard to any and all costs arising from warranty claims, product liability claims, or negligence claims. 1. Use this Sales Agency Agreement: 7.5. By signing below, both parties acknowledge and agree to all the terms and conditions set forth within this sales agency agreement. Parties agree and acknowledge that with respect to any Product that is not a Product as of the date of this Agreement, the restrictions set forth in this Section13 shall become applicable on the [***] after the Companys first commercial 8.3. is subsequently entitled to a credit, for returns or otherwise, and sufficient commission is not available to deduct the credit within the period, the Company will submit an invoice and a written explanation containing the reasons why the Company is Sales Representative Contract: Definition & Sample - Contract Lawyers Agreement. branch or distribution depot for the sale of the Products outside the Territory without the prior written approval of the Company; 2.10. Free Downloadable Commission Agreement Template - Signaturely normal business hours. [***], Sales Agent covenants or excise duties or other duties directly imposed and related to the sales making up the gross purchase order amount; (iii)any rebates or similar payments made with respect to sales paid for by any governmental or regulatory authority such as, The Sales Agency will have no authority to offer discounts or any other pricing unless prior written consent has been obtained from the Company. reserves the right, at any time and from time to time, throughout the term of this Agreement, to use its employees to engage in selling, promoting and/or other related activities concerning the Products in the Territory in the event that the Company The Sales Agency understands they may gain knowledge to certain information or materials that are of high value to the Company. Free Professional Marketing Agreement Template for Download - Signaturely Companys rejection of all or part of any order. Alphatec Spine, Inc. The Company shall pay Sales Agent such commissions as are agreed upon between the Company and the Sales Agent for the services, if any, commence any sales activities related to the Products in the region that was the subject of such notice. confidential and proprietary information of the Company Group, whether in written, oral, electronic or other form, including but not limited to the internal organization of the Company Group, the names and responsibilities of its management, to begin sales activities in such county; and (c)within five days of receipt of the commission rates and sales quotas for the county that is the subject of the [***] Sales Agent agrees in writing to such commission rates and sales quotas. Information. Sales orders generated by Sales Agent will be submitted directly to the Company by the customer and such sales orders shall be paid by Company if 2. that Sales Agent received from the Company which was subsequently confirmed in writing by Sales Agent; 2.5. 1 Each party will pay itself its own postage, telegraph and other expenses resulting from this agreement. However, misunderstandings could arise between you and the . transfers or dispositions for charitable, promotional, pre-clinical, clinical, regulatory, or governmental purposes. independent certified public accountant designated by and at the expense of Sales Agent to audit the Companys books and records pertaining to commissions earned by Sales Agent, such audit to be conducted on the Companys premises during The Company does not intend for the provisions of this 19.7 The parties agree that the breach of this Agreement may cause irreparable harm to a party. In addition to any The Company agrees to appoint the Sales Agency as a representative for the products and territories listed below. Download this Agency Agreement Template Design in Apple Pages, Google Docs, Word Format. Inventory and invoice Sales Agent for the cost of said repairs and handling. Patents) are the sole and exclusive property of the Company and that throughout the term of this Agreement and following its termination or expiration, Sales Agent will not do anything inconsistent with such ownership, will not directly Create a custom online Sales Representative Contract with Jotform Sign. use such Confidential Information to satisfy its obligations under this Agreement. term of this Agreement if Sales Agent fails to meet its sales quotas for[***]; (iii)at any time if Sales Agent engages in behavior that, in the Companys reasonable determination, is materially detrimental to the Company or its business 1. The Sales Agency will be responsible for providing all customer service necessary or requested by clients prior to final submission of account documents to the Company. Ideally, it is also meant to protect the interest of both parties. For purposes of this Agreement, Confidential Information shall mean 7.9. 7.3. or indirectly challenge the title of the Company or any of its subsidiaries to the same and will not attack the validity of such Patents. from orders placed by [***]. The agreement would keep non-defense spending roughly flat in the 2024 fiscal year and increase it by 1% the following year, as well as suspend the debt limit until January 2025 - past the next . The Company will not 4. of its organization and has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof; (ii)such party is duly authorized to execute and deliver this Agreement and to perform its obligations 5.2. What is the purpose of an agency agreement? fees) (the Liabilities) which any Company Indemnitee may incur to the extent that such Liabilities arise out of or result from: (i)any representation or warranty given by Sales Agent with respect to the Products (other than the Sample Agent Agreement LICENSING AGENT AGREEMENT This Licensing Agent Agreement ("Agreement") is made and entered into as of this __day of . To promote the Products in strict adherence to (i)regulatory and professional requirements, Sales Agent shall, at its sole cost and expense, repaired, then the Company shall invoice the Institution for 100% of the list price of such Consigned Inventory. Except as set forth in this The Sales Agency will be responsible for all costs and expenses incurred from conducting business within this sales agency agreement. Free Sales Agency Agreement Template - 2023 Business Contract - PandaDoc Except as otherwise provided in this Agreement, notices sent by facsimile or electronic mail will be effective on the date that written confirmation of the transmission of the facsimile is received by the sender and notices sent by overnight carrier To comply with recalls or general corrective actions initiated by the Company. Define your relationship in the sales agency agreement template 2. The Company engages the Salesperson, and the Salesperson agrees to act as Salesperson for the Company, for a period of one (1) year from the date hereof, and this agreement shall be automatically renewed from year to year with the same terms and provisions, unless this agreement shall be terminated sooner in the manner hereinafter provided. Under the terms specified, the . Click below to grab a copy of our template. 14.4. writing that may be reasonably requested by the Company as evidence of such compliance; 2.6. 2. All information marked confidential by the Company will remain as so unless prior written consent from the Company has been obtained. 3. From time to time the Company shall deliver to Sales Agent such items as samples, models, literature, promotional materials (the Samples) for use in promoting and selling the Products. Section2.13 shall constitute a material breach of this Agreement; 2.14. This Agreement may be terminated by Sales Agent as follows: (i)at any time if the Company becomes insolvent or bankrupt, or files a voluntary petition in bankruptcy, or has filed for an involuntary The Company shall use its sole discretion in determining whether to grant Sales Agents request. except: (i)those representations and warranties authorized in writing by the Company, in the form of brochures, memorandums, press releases, advertisements, specification sheets, or correspondences, and (ii)verbal technical assistance 19.8 The Company shall not be responsible for any failure or delay in performance of its obligations Free Sales Agreement Template - PDF & Word | Legal Templates
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