Sales Representative Contract: Recruiting Independent Sales Reps
When you engage sales representatives to sell your product, you should look for representatives that have experience in your field, have the time to effectively promote your company, and understand your sales goals. You’ll almost certainly need to interview numerous folks before making a selection. You will explain the details of your sales representative contract once you have chosen the reps you wish to work with. You will pay them a commission on their sales rather than a salary. They will not be compensated. And because you’ll be utilizing many salespeople at the same time, they’ll be working on a nonexclusive basis.
What does the Nonexclusive Sales Representative Agreement cover?
You will require the sales representatives to sign a sales agreement outlining the parameters of your engagement. This agreement should include:
➤ Both parties' names and addresses |
➤ A declaration stating that it is a nonexclusive sales agreement that allows you to collaborate with other sales representatives |
➤ A declaration stating that the salesman is an independent contractor, not an employee, and that they must pay income taxes but will not get benefits |
➤ A description of what the salesperson is permitted to sell |
➤ Any limitations on where the salesperson may sell, such as defining a geographical zone, or to whom they can sell; a customer list may be placed here |
➤ A statement about how expenses will be handled and what, if any, expenses the company will pay for, how they should be reported, and how they'll be reimbursed; if no expenses will be paid, that should be clearly stated |
➤ A statement about how commissions will be paid, how often they will be paid, how chargebacks will be managed, and how commissions will be calculated |
➤ A nondisclosure agreement that ensures the salesman does not divulge sensitive corporate information |
➤ A conflict of interest provision that indicates that the sales person has no conflicts of interest and that any conflicts will be notified |
➤ A section that specifies the reasons for termination and how termination will be handled |
➤ A statement that any business property used by the salesperson, such as a laptop or automobile, is the property of the firm and must be returned when the agreement expires |