This sales agency agreement with trademarks protection template has 5 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our sales agency agreement with trademarks protection template:
SALES AGENCY AGREEMENT This Sales Agency Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the "Sales Agent"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS Company desires to engage the services of the Sales Agent in the capacity of independent sales agent in the Territory, as hereinafter defined, and the Sales Agent desires to provide his services to Company in the capacity of independent sales agent on the terms and conditions hereinafter set out. NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the premises and mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: TERM OF AGREEMENT This Agreement shall become effective upon the date of its execution (which shall be taken to mean the date first appearing on page one hereof), and shall continue in full force and effect (unless sooner terminated in one of the manners provided hereinafter) for [NUMBER] full year from said date. Furthermore, this Agreement shall continue in full force and effect for successive one-year periods from and after the initial year term hereof, provided that the Sales Agent has complied with all the terms and conditions hereof and both parties hereto mutually agree upon the terms and conditions of renewal. SALE OF PRODUCTS The Sales Agent will act as exclusive Sales Agent for Company in the following territories (hereinafter referred to as the "Territory"), namely: The Sales Agent agrees to sell and promote the sale of such of the products of Company as Company may from time to time designate, at such prices and on such terms and conditions as Company shall specify and approve (hereinafter referred to as "Company Products"). Without limiting the generality of the foregoing, it shall be the responsibility of the Sales Agent to sell Company's line consisting of the following products: Without incurring any liability to the Sales Agent, Company shall have the right at any time and from time to time to modify the specifications or features or to discontinue the sale of any products. The Sales Agent shall devote his full time and attention to the sale of Company's Products, and shall regularly call upon all customers and potential new customers within the Territory to solicit orders for products of Company therefrom, and shall at all times use his best efforts, in good faith, to promote the interests of Company in the sale of such products. All orders received by the Sales Agent from customers shall be transmitted to Company on a regular basis, at its principal office, and no order received shall be binding upon Company or the customer until same has been accepted by Company and approved by Company's credit department. The Sales Agent shall have no authority to accept any orders received by him. The Sales Agent agrees and undertakes to abide and comply with all sales policies and operating procedures of Company, as established and issued by Company from time to time, so long as they are not in conflict with [COUNTRY] [YOUR COUNTRY LAW] and governmental regulations. COMMISSIONS Company agrees to pay the Sales Agent a commission of [PERCENTAGE %] on all orders emanating from the Territory, whether received directly from the Sales Agent's place of business or from the Sales Agent's salesmen in the Territory or by mail or telephone directly from purchasers situated within the Territory. Commissions are calculated on the net invoice amounts actually received by Company from purchasers in the Territory in payment of orders for products. For the purposes hereof, "net invoice amounts" shall be defined as the gross invoice value of orders, less deductions for sales taxes, cost of insurance, cost of freight and other transportation charges, and any allowance or discounts granted to customers. All commissions due to the Sales Agent hereunder shall be payable on or before the 30th day of the month following the date of shipment of the Company Products. Notwithstanding anything herein to the contrary, the Sales Agent shall not be entitled to commissions on Company Products: (i) that are returned to Company; (ii) for which the account receivable is written off as a bad debt by Company's credit department because the purchaser is insolvent or bankrupt, is winding-up its business or has made a general assignment for the benefit of its creditors or any other similar situation where the account receivable in question is uncollectible in the opinion of Company; or (iii) for which payment is not received by Company within [NUMBER] days after the invoice date, even if payment is eventually received after such one hundred and [NUMBER] day period. The amount of commissions paid to the Sales Agent with respect to Company Products for which the Sales Agent is not entitled to commissions, as provided for in Article [NUMBER] (i), (ii) and (iii), shall be deducted directly from any future commissions payable to the Sales Agent. The commissions contemplated hereby shall be the sole and exclusive consideration to be paid by Company to the Sales Agent for the Sale Agent's services hereunder, and the Sales Agent shall have no right to reimbursement for any expenses incurred in the Sales Agent's performance of its obligations hereunder. The Sales Agent agrees and undertakes to use his best efforts to promptly assist Company in situations where purchasers are delinquent in the payment of their accounts. INDEPENDENT CONTRACTOR The Sales Agent shall at no time represent or hold itself out as having any apparent or express authority to incur any debt or liability for or on behalf of Company, and at no time, without the express written authorization of Company, shall the Sales Agent so incur any such indebtedness for or on behalf of Company. It is understood and agreed by the Sales Agent that this Agreement shall not be construed as an employment agreement and, further, that no representations will be made or acts taken by the Sales Agent which could establish any apparent relationship of agency, joint venture or partnership, and Company shall not be bound in any manner whatsoever by any agreements, warranties or representations made by the Sales Agent. The Sales Agent shall not establish any bank account, make any purchase, apply for any loan or credit or incur or permit any obligation to be incurred in the name or on the credit of Company. This Agreement is merely a relationship that exists between independent contractors with neither party being able to commit the other. NON-COMPETITION The Sales Agent will not represent in any manner whatsoever any other product line that is the same, similar or competitive with the products set out in Article [NUMBER] hereof. The Sales Agent shall discuss with Company any undertakings that are contemplated for the representation of any other product lines prior to the Sales Agent proceeding to promote, distribute and sell such products. Any failure to obtain prior written consent from Company in this connection shall constitute an automatic breach of this Agreement and Company may immediately terminate this Agreement without further notice. TERMINATION
