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Agreement between Company and Sales Representative re Commission to be received by the Sales Representative. This is drafted in neutral form.
From the date of this Agreement, the Company engages the Salesperson, and the Salesperson agrees to act as sales representative for the Company, unless this Agreement shall be terminated in the manner hereinafter provided.
The Salesperson agrees to diligently work in an endeavour to secure business for the Company.
(b) The Salesperson will not make any representations, warranties, undertakings or commitments binding the Company without the prior written consent of the Company.
(c) The Salesperson will not have the capacity to enter into any legal agreement (whether oral or written) with any client on behalf of the Company. The Company shall have the sole discretion to negotiate and accept the terms of any legal agreement with any client.
(d) The Salesperson shall not carry additional competing lines without the full knowledge and consent of the Company.
(e) The Salesperson agrees to keep all of the Company’s business secrets confidential at all times during and after the term of this Agreement. The Company’s business secrets includes any information regarding the Company’s clients, manufacturers suppliers, finances, research, development, manufacturing processes, or any other technical or business information. The Salesperson agrees not to make any unauthorised copies or records of any of the Company’s business secrets or information nor to remove any of the Company’s business secrets or information from the Company’s facilities without the Company’s consent. Any breach of this Clause shall entitle the Company to injunctive relief and/or liquidated damages and/or account of profits for any said breach, or otherwise.
Either party shall have the right to terminate this Agreement at any time, provided that written notice of intention to terminate is given to the other party at least three days before the intended termination date.
The Salesperson agrees that he will not solicit or approach any of the Company's clients, manufacturers or suppliers upon or after the termination of this Agreement. The Salesperson recognises the Company’s legitimate business interest in respect of the Company’s clients, manufacturers and suppliers and as such agrees that any breach of this Clause shall entitle the Company to injunctive relief and/or liquidated damages and/or account of profits for any said breach, or otherwise.
This document should be carefully read by the Company and the Sales Representative.
The sale commission agreement may be used between the Company and the Sales Representative, to detail the responsibilities of the Sales Representative and the commission to be paid by the Company upon a successful sales.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.