Simple Sales Rep Agreement
The waiver or omission of either party to exercise in any way any right under this Agreement shall not be deemed a waiver of any other rights or remedies to which the party is entitled. The conditions set forth above constitute the entire agreement between the parties and supersede any prior communication or arrangement regarding the subject matter of this Agreement. There are no written or oral agreements directly or indirectly related to this Agreement that are not specified therein. This Agreement may only be amended in writing and signed by both parties. We strongly advise you to have your forms, especially legal agreements or contracts, checked by a lawyer in your country for any question or legality. 8. Immediately return to the representative all materials and samples provided by the Company if one of the parties terminates this Agreement. 3. This agreement treats the representative as an independent contractor and not as an employee, and this clause should be protected, as the distinction is very important to the company. This means that the salesperson is not entitled to receive benefits from workers and is responsible, among other things, for his own income, social security and Medicare taxes. Ask the representative to complete an IRS W-9 form that contains documentation of the representative`s status.
The IRS has a long history in that representatives can be independent contractors. Unlike other categories, this category has well-established precedents as long as the representative is not established from your head office. Even under these conditions, a representative may be treated as an independent contractor; but the „bar“ is higher to meet IRS standards. The distribution agreement describes the role and geographical area of the distributor, the structure of commissions and payments, and the obligations and responsibilities of both parties. The company reserves the right to directly request and sell orders to end users or other distributors within the territory. The sales agent`s mission is to obtain orders from all potential wholesale customers in the region, including early OEMs, distributors, resellers, resellers, value-added resellers, telemarketing companies and retail distribution chains, unless otherwise agreed. This Agreement is binding on the parties and their assigns and their addressees. The main objectives of the use of trade agreements are numerous and this agreement has advantages for both the employer and the workers. As a company, you need to define in this agreement what you expect from your sales reps and how to fulfill their missions and responsibilities. This agreement also helps employers to control their employees through non-competition rules and confidentiality conditions.
This means that a salesperson who wishes to leave the company does not divulge trade secrets and information with other companies. On the other hand, from a seller`s point of view, this agreement also benefits field agents.