Sales Agency Agreement Exclusive



THIS AGREEMENT is made this ___________ day of __________ 20 ___, by and between [Name] (hereinafter referred to as the "Company"), a company organized, and existing under the laws of the State of ________, with its principle place of business located at __________________, and _____________________, (hereinafter referred to as the "Salesperson"), an individual with his [or her] or her principle place of business located at _________________, do hereby agree to the following:







WHEREAS, the Company hereby appoints the Salesperson as an sole and exclusive agent within the territory described herein. This appointment follows the terms and conditions as set forth in this agreement, for the solicitation and the acceptance of orders for the Company's described (service/products).







PART (I)





EXCLUSIVE SALES TERRITORY







The exclusive sales territory of this agreement is located within (outline the territory and boundaries).







PART (II)





SALESPERSON'S ASSIGNED RIGHT TO SOLICIT ORDERS







The Salesperson shall have the exclusive right to solicit and take orders in the territory for all (service/products).







PART (III)





PRICING SCHEDULE AND ORDER TERMS







The Salesperson shall solicit and accept orders, within the above assigned territory, for product at the prices detailed by the Company. All orders solicited and accepted by the Salesperson shall be subject to acceptance and confirmation in writing by an authorized representative of the Company.







PART (IV)





PAID COMMISSION ON SALES







Unless otherwise stated, the Company will pay commission on all uncancelled customer orders received from designated territory, amounts equal to ( ) % of the net selling price of products that are sold within the territory by The Salesperson. Paid Commissions will also take into account and be calculated as follows: (state company procedure; including all known factors affecting paid commission such as: payment schedule, outside territory sales and refunds).







PART (V)





COMMITMENT OF TIME AND PERSONAL SKILL







The Salesperson agrees to use their best efforts and ability to promote the sale and use of the Company's product within the assigned territory. The Salesperson shall respect the policy that regards the sale of products.







PART (VI)





NON COMPETITION OF PRODUCT







The parties mutually agree that the Salesperson shall not become interested in the sale of any product(s) that is in direct competition with the product of this agreement, or that would conflict with the best interests of the Company.







PART (VII)





INDEPENDENT ARBITRATION







Any and all claims and disputes to this agreement will be subject to arbitration. The arbitration will be in accordance with a mutually agreed upon designated arbitration authority (name of authority) rules of fair business practices.







PART (VIII)





SALESPERSON'S LIABILITY INSURANCE







As a essential condition to the appointment of the Salesperson under this agreement, the Salesperson agrees to maintain a public liability insurance policy with an insurance company. Proof of the Salespersons procurement of insurance is required no later than ( ) days from the execution of this agreement.







PART (IX)





GOVERNING LAW







This agreement and any disputes relating to it are governed by the laws of the State of (State).







PART (X)





EXCLUSIVITY OF AGREEMENT







This agreement, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.







IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at ______________ (City), __________ (State).









___________________________





Company







___________________________





Salesperson









WITNESS:







___________________________