Commission Sales Agreement Form Rating: 5,7/10 4940 reviews

During the Term, the Representative shall sell the Products only in the following geographical area: DESCRIBE TERRITORY (the ' Territory').1.3. Customers(a) Target Customers. The Representative shall direct it's sales and promotional efforts toward the following: DESCRIBE CUSTOMERS.

9+ Commission Sales Agreement Templates – Word, PDF, Pages Sales are all about commissions. It’s the commission system in sales which gears up and motivates sales agents, managers, representatives, and other associates to sell services and goods.

This description is not intended to be exhaustive but only to give examples of the nature and type of market in which the Company wishes the Products to be sold.(b) Existing Customers. The Representative acknowledges that the Company has existing relationships with those customers listed in Schedule B (the ' Existing Customers'), and that no compensation is payable for sales made by the Representative to Existing Customers.2. Commission and Expenses. The Company shall pay the Representative a commission on sales of the Products in the Territory to customers, where the sales were made substantially through its efforts, except as provided in section 2.4 (No Commissions in Certain Circumstances).2.2.

Calculation of Commissions. Commissions are calculated as follows:(a) COMMISSION PERCENTAGE FOR INCLUDED PRODUCTS% of the Net Amount that the Company charges for orders of the Products placed through the Representative (other than to Existing Customers and their affiliates), and(b) COMMISSION PERCENTAGE FOR OTHER PRODUCTS% of total Net Amount that the Company charges for orders of products other than Products listed in Schedule A that are placed through the Representative.2.3. Offsets and Charge-Backs. In calculating the Representative's commission, the Company may offset any credits, cancellations, refunds, allowances, and returns to or by customers of revenues on which Representative has already been paid commissions under this agreement, but in no event will the offset for any customer exceed the sales price of that customer's returned, cancelled, or otherwise credited Products. (e) on any sales to Existing Customers, or(f) on any sale of Products to a customer occurring more than POST-TERMINATION GRACE PERIOD days after the expiration or termination of this agreement, unless the sale is the direct result of the Representative's sales efforts before the termination or expiration.2.5. The Representative is solely responsible for any expenses it incurs in performing its services under this agreement.2.6.

Definition of 'Net Amount.' In this agreement, ' Net Amount' means the sales price of the sold product as listed on the applicable invoice, less charges for handling, freight, sales, use, value added, or similar taxes, import or export taxes or levies taxes, C.O.D. Charges, insurance, customs duties, trade discounts, and any other fees or charges of any Governmental Authority.3. Payment Obligations3.1.

Timing of Payment. The Company shall pay the Representative its commissions within COMMISSION PAYMENT DAYS days of the Company's receipt of payment from the customer, based on the amounts actually received. (For example, installment payments from a customer will result in installment commission payments to the Representative.)3.2. The Representative is solely responsible for paying all taxes incurred as a result of the performance of its services under this agreement and complying with all tax-related obligation. The Company has no obligation to pay or withhold any sums for taxes. Representative's Responsibilities4.1. The Representative shall devote such time, energy, and skill on a regular and consistent basis as is necessary to sell and promote the sale of the Company's Products in the Territory.4.2.

Finalizing Orders. The Representative shall assist in finalizing agreements and purchase orders with each customer, in form and substance satisfactory to the Company, for such customer's purchase of the Products.4.3. Stating Company Policies. The Representative shall accurately represent and state Company policies to all present and potential customers.4.4. S ales-Related Services.

The Representative shall perform all other sales-related services as the Company may reasonably require.4.5. Maintaining Contact. The Representative shall maintain contact with the Company via telephone, e-mail, or other agreed-upon means of communication with reasonable frequency to discuss sales activity within the Territory.4.6. Notice to Company. The Representative shall give prompt Notice to the Company. (a) of all sales and orders,(b) of any new companies or products that it represents at the time that it starts promoting those new companies and products,(c) of any problems concerning customers (including Existing Customers), and(d) if the Representative intends to advertise the Products outside of the Territory or solicit sales from customers located outside of the Territory.4.7.

Compliance with Laws. The Representative shall comply with all Laws and industry regulations relating to its representation of the Products.4.8. No Conflicting Representation. The Representative shall not represent, promote, or otherwise try to sell in the Territory any lines or products that, in the Company's judgment, compete with the Products.5.

Company's Responsibilities. S ales and Marketing Materials. The Company shall provide the Representative, at no cost, with sales and marketing materials relating to the Products.5.2. Sample Products. The Company shall prepare samples for potential customers, as reasonably requested by the Representative, but only if the Representative has given the Company sufficient notice of its request,5.3. Product Information. The Company shall provide the Representative with current information as to improvements, upgrades, or other changes in the Products.

The Company shall(a) determine all Product prices and terms of sale, and(b) give timely Notice to the Representative of any Product price changes.6. Initial Term. The initial term of this agreement will begin on TERM START DATE and end on TERM END DATE, unless terminated earlier.6.2. Renewal Terms. Following the initial term, this agreement will automatically renew for successive RENEWAL TERM PERIODS terms, unless terminated earlier.

If a party elects not to renew this agreement, that party shall provide Notice of that intention to the other party at least NON-RENEWAL NOTICE PERIOD days before the renewal date.7. Representative's Representations7.1. No Conflicts. The Representative is under no restriction or obligation that may affect the performance of its obligations under this agreement.7.2. No Competing Representation.

The Representative does not currently represent or promote any products or services that compete with the Products.8. The Company's appointment of the Representative is non-exclusive. The Company may appoint additional representatives in the Territory without liability or obligation to the Representative.8.2. No Other Compensation. The compensation detailed in section 2 (Commissions and Expenses) is the Representative's sole compensation under this agreement.8.3. No Authority.

The Representative has no authority to bind the Company in any manner.8.4. Right to Use Company Marks. The Representative's right to use the Company Marks derives solely from this agreement and is limited to performing its obligations under this agreement.8.5. Benefit of Goodwill. The Representative's usage of the Company Marks and any resulting goodwill will accrue solely to the Company's benefit.8.6.

No Obligation. Nothing in this agreement creates any obligation between either party and any third party.9.

Use of Company Marks9.1. Ownership of Company Marks. The Representative recognizes the Company's exclusive right, title, and interest in and to all service marks, trademarks, and trade names used by the Company (collectively, the ' Company Marks').9.2. Actions in Company's Best Interests. The Representative shall act in the best interests of the Company as owner of the Company Marks and in such a way as to preserve and protect the Company's interest in them.9.3.

Short form No Rights in Company Marks. The Representative shall not apply for, acquire, or claim any right, title, or interest in or to any Company Marks or in any marks that may be confusingly similar to any of them.ORLong form Protection of Company Marks. Confidentiality Obligations. During the period starting on the Effective Date and ending RESTRICTED PERIOD TERM after the date of termination or expiration of this agreement (the ' Restricted Period'), the Representative shall hold all Confidential Information in confidence in accordance with the terms of this agreement.10.2.

Use only for the Purpose. The Representative shall use the Confidential Information solely for the purpose of selling and promoting the Products.10.3. Definition of Confidential Information. Termination on Notice. Either party may terminate this agreement for any reason upon TERMINATION FOR CONVENIENCE NOTICE Business Days' Notice to the other party.11.2. Termination on Breach.

If either party commits any material breach or material default in the performance of any obligation under this agreement, and the breach or default continues for a period of CURE PERIOD Business Days after the other party delivers Notice to it reasonably detailing the breach or default, then the other party may terminate this agreement, with immediate effect, by giving Notice to the first party.11.3. Termination on Insolvency. This agreement will terminate immediately upon either party's insolvency, bankruptcy, receivership, dissolution, or liquidation. Effect of Termination12.1.

Return of Property. Within RETURN OF PROPERTY PERIOD days of the termination or expiration of this agreement, the Representative shall return to the Company all the Company's property, and all documents relating to its representation of the Company, both originals and copies, under its direct or indirect control.12.2. Discontinue Use of Company Marks. Effective as of the date of termination or expiration of this agreement, the Representative shall cease to use any of the Company Marks. Representative's Indemnity. The Representative shall indemnify the Company and its Indemnitees against all claims, liability, and expenses (including legal fees) arising from any third party claim or proceeding brought against the Company that alleges any grossly negligent act or omission or willful conduct of the Representative or its Indemnitees.13.2. The Company shall indemnify the Representative and its Indemnitees against all claims, liability, and expenses (including legal fees) arising from any third party claim or proceeding brought against the Representative that alleges(a) any grossly negligent act or omission or willful conduct of the Company or its Indemnitees,(b) any defects in the Products caused by the Company, or(c) the Company's failure to provide any Products to a customer that were properly ordered through the Representative.13.3.

Conditions for Indemnification. 14.1. ' Company Marks' is defined in section 9.1 (Ownership of Company Marks).14.2. ' Confidential Information' is defined in section 10.3 (Definition of 'Confidential Information').14.3.

' Existing Customers ' is defined in paragraph (b) (Existing Customers) of section 1.3 (Customers).14.4. “ Governmental Authority ” means(a) the government of the United States or any other nation, or any of its or their geographical or political units or subdivisions, and(b) any body, agency, tribunal, arbitrator, court, authority, or other entity that exercises executive, legislative, judicial, taxing, regulatory, or administrative powers or functions of, or relating to, government.14.5. 'Indemnitee' is defined in section 13.6 (Definition of 'Indemnitee').14.6. “ Law ” means(a) any law (including the common law), statute, by-law, rule, regulation, order, ordinance, treaty, decree, judgment, and(b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law.14.7. 'Net Amount' is defined in section 2.6 (Definition of 'Net Amount').14.8.

“ Notice ” means any notice, request, direction, or other document that a party can or must make or give under this agreement.14.9. ' Products' is defined in section 1.1 (Appointment of Representative).14.10. 'Restricted Period' is defined in section 10.1 (Confidentiality Obligations).14.11. ' Territory' is defined in section 1.2 (Territory). General Provisions15.1. Entire agreement.

This agreement contains all the terms agreed to by the parties relating to its subject matter. It replaces all previous discussions, understandings, and agreements.15.2. This agreement may only be amended by a written document signed by both parties.15.3.

The Representative may not assign this agreement or any of its rights or obligations under this agreement without the Company's prior written consent. The Company may assign this agreement or any of its rights or obligations under this agreement, effective upon Notice to the Representative.15.4. No Partnership. The Representative is an independent contractor. Nothing contained in this agreement creates a partnership, joint venture, employer/employee, principal-and-agent, or any similar relationship between the parties.

Notice(a) Form of Notice. All notices and other communications between the parties must be in writing and addressed to the respective party as follows:If to the Company:COMPANY ADDRESSIf to the Representative:REPRESENTATIVE ADDRESS(b) Method of Notice. Notices must be given by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid, (iv) fax or (v) electronic mail to the party's address specified in this agreement, or to the address that a party has notified to be that party's address for the purposes of this section.(c) Receipt of Notice. A Notice given in accordance with this agreement will be effective upon receipt by the party to which it is given or, if mailed, upon the earlier of receipt and the fifth Business Day following mailing.15.6. Remedies Cumulative.

Except as provided in section 13.5 (Exclusive Remedies), the rights and remedies available to a party under this agreement are cumulative and in addition to, not exclusive of or in substitution for, any rights or remedies otherwise available to that party.15.7. Sections 2 (Commissions and Expenses), 10 (Confidentiality), 12 (Effect of Termination), and 13 (Indemnification) survive the termination or expiration of this agreement.15.8.

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.15.9. A party’s failure or neglect to enforce any of rights under this agreement will not be deemed to be a waiver of that party's rights.15.10.

Equitable Relief. The Representative acknowledges that its breach or threatened breach of any its obligations under section 10 (Confidentiality) would not be susceptible to adequate relief by way of monetary damages only.

Accordingly, the Company may, in that case, apply to court for any applicable equitable remedies (including injunctive relief), without the need to post any security.15.11. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of GOVERNING LAW STATE, without regard to its conflict of laws rules.15.12. Waiver of Jury Trial.

Each party irrevocably waives its rights to trial by jury in any action or proceeding arising out of or relating to this agreement or the transactions relating to its subject matter.15.13. The headings used in this agreement and its division into sections, schedules, and other subdivisions do not affect its interpretation.15.14. Internal References. References in this agreement to sections, schedules, and other subdivisions are to those parts of this agreement.15.15. Schedules and Exhibits.

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The following are attached to and form part of this agreement:(a) Schedule A: List of Products and Services(b) Schedule B: List of Existing Customers15.16. This agreement may be signed in any number of counterparts, each of which is an original and all of which taken together form one single document.15.17. Effectiveness of Agreement. This agreement is effective as of the Effective Date, even if any signatures are made after that date.This agreement has been signed by the parties.COMPANY NAMEBy: Name:Title:Date:REPRESENTATIVE NAMEBy: Name:Title:Date:Schedule A - List of Products and ServicesSchedule B - List of Existing Customers.

Wherever there is a deal, there is a need for an agreement form. An agreement form deals with the terms and conditions of the deal that both the buyer and the seller have to agree to for the deal to go through. Most sales agreement forms are done to ensure that all the parties are aware of their responsibilities with each other which will then allow misunderstandings to lessen, or to not occur at all. Are legal documents that can be used in the future for legal cases, and they are generally signed in front of a notary officer when the deal is big enough, as in the case of real estate. You can choose from our wide array of Sales Agreement Forms and Generic Agreement Forms to help you cut costs and save on time.

File Format. PDFSize: 9 KBPurchase Sale Agreement FormsA purchase sale agreement form defines all the obligations of both the buyer and the seller.

All the parties involved in a real estate property purchase transaction should be knowledgeable of the content of the purchase sale agreement form so they can see a comprehensive list of the clauses that they should be aware of. Can be used in different purchases and acquisitions but is mostly useful for real estate selling. Sale and Purchase Agreement for BusinessBusiness ownership transfer should be well documented. This is the reason why it is important for a business owner to use a sales and purchase agreement for business form to record all the information relevant to be known by the entity to whom the ownership of the business will be transferred to. This kind of is focused mainly on the financial aspects that should be considered by the parties within the duration of the agreement. Vehicle Sale Agreement FormsA is an important document that should always be present whenever there will be a vehicle sales that will take place.

The act of buying or selling a vehicle requires a lot of responsibility both to the seller and the buyer which is why it is highly recommended for a vehicle sale agreement form to be direct to the point and professionally created. The procedures, terms and conditions that should be followed for the vehicle purchase should be fully stated in the said document.

All the parties within the agreement should have a copy of the deal so they will be aware of the legalities of the contract used for the deal. Some of the essential things that should be presented in a car sale contract include the personal details of the buyer, the information about the seller and the business, the kind of vehicle that is purchased by the customer, and the payment terms that must be honored by the buyer and the seller.The usage of vehicle sales agreement takes place when an individual who would like to sell his /her vehicle needs a legal document that can protect him/her and the buyer as well. Hence, a vehicle sales agreement should have the complete details of the terms and conditions that the seller and the buyer should adhere to.

For the document to be completed and fully usable, the parties should review all the information presented and affix their signatures if there’s nothing that they would like to change or ask about. There are various ways that a vehicle sales agreement may be made and it will all depend on the specifics of the transaction. Home Purchase AgreementsBuying a home requires a lot of thinking and considerations as the buyer needs to make sure that the property is worth the price that they are willing to pay.

Home purchase agreements are important in this case as it provides a well-curated list of the items that the buyer should be aware when considering a home purchase. More so, it also helps the seller to properly present the sale terms and conditions.Also called as real estate contract, a home purchase agreement can be made and used in different manners so long as it is complete, relevant and effective. There are some home purchase agreements that are already in full contract terms while there are also some that are still open for negotiation so to close the sale of the property. Regarding the entire housing sale transaction, all the details must be presented in a manner that they are understandable and beneficial to all the parties involved.If you have already decided to buy a home, it will be more of your advantage if you will seek the help of a real estate counselor or an attorney who can help you keenly observe and learn the details present in the home purchase agreement. Always remember that buying a house is a responsibility that you need to keep for a long term.

From the purchase of the property where you will be required to process papers for financial assessments, contract agreements, and payment terms; it truly is a lot of work that you need to be specific on to ensure that all the procedures needed for the transaction will smoothly flow.In terms of land purchase for residential purposes, you need to be more particular. Identify whether the location of the property is suitable for your lifestyle and the daily transactions that you need to fulfill. Though this can be deemed as a challenge, being able to address this issue right away will allow you to specify your needs as a buyer.

This will help a real estate agent to know whether the property that you want is fit for all your needs and requirements. Also, make sure that you will set the amount that you are willing to spend to buy a land. Your purchasing power can affect your decisions which is why it is important for you to start addressing your issues when it comes to your financial allocation for the transaction. Once these are already settled, you can already easily know the items that you would like to see in a purchase agreement.Creating a purchase agreement offer is a tedious job as the maker of this document needs to ensure that all information are accurate. Here are some factors that you need to consider when making a purchase agreement offer:. Ensure that the words that you will use are easily understandable. Your goal when making a purchase agreement offer is to present the contract the best way possible without over promising.

When creating the terms of the contract, make sure that there will be a balance with regards to the responsibilities of the the vendor and the property purchaser. Clarifications should be done about the requirements and specific conditions in the contract. It is not enough to have a general overview of the agreement as the signatures of the parties involved only means that they are fully aware of even the smallest detail of the transaction. Always give importance on the cost of the property and the proofs that the property is legally owned. These are two of the things that can make or break a prospective deal or agreement.

If you want to make sure of the legal status of the property, you can ask for the following information in the office of a local property appraiser:. The address where the property has been registered. The name of the proprietor. The lawful portrayal of the real estate property up for selling. The cost of the property and the possible installment arrangements, if applicable.

The record, title, and other details about the authenticity of the information presented by a sellerSales Agent Agreement Forms Residential Sales Agency Agreement Form. File Format. PDFSize: 67 KBHaving an agreement that is already up for full implementation requires statements concerning the time of effective duration. There should be an area within the agreement form that states the time period in which the arrangement will be considered valid. If you want to create a, do not be overwhelmed with the information that you need to prepare and be aware of. It may be complex at first, but it will depend on your organization skills on how you can present information accordingly.

Remember that understanding the details of a home purchase agreement can help you create a more structured content layout. More so, it can provide both the seller and the buyer a contract that is suitable for their needs, plotted in a clear and presentable manner.Make sure to include the details listed below when making a home purchase agreement.Parties to the AgreementIf we will go the technical route, there are actually only two parties involved in an agreement – the buyer and the seller. However, with the need for legal support and other information, the presence of an agent and an attorney may be needed at some circumstances. Also, there can be multiple shareholders that can be involved in the selling of a property. When making an agreement for the sale of a, make sure to be keen with the details of the entities present within the transaction.Important Dates and Contract DurationAlways make it a point to review all the dates that you will put in the agreement as it can affect the entire transaction. Be accurate when writing the agreement’s starting and expiration date as well as the given date in which the title should already be handled by the buyer. It will also be best to create a schedule for the payment dates so to set the expectations of the seller from the buyer.Agreement to Sell and PurchaseOne of the most important details that you need to put in the document that you will create is the agreement to sell and purchase.

This part includes the statement about the exchanges that will occur with the parties. This also includes the expression regarding the shares of the sale to be free from encumbrances and is not promised to either a moneylender or a bank.

There are other details that can be included in this area of the agreement depending on the transaction processes that the seller and/or the buyer has approved and agreed to.Legal Description of the PropertyThe legal description of the property is most likely beneficial to the buyer as it assures him/her that the details of the property are real when comparison to the written information and its actual features. A legal description of the property is commonly given by a surveyor who is licensed to do the job. Sellers and buyers should be sure that the surveyor that will be hired to do the job is properly trained and authorized. This will give them more comfort that the property’s legal description is determined accordingly.Payment Terms and OfferThe items that you should present in the payment terms and offer are as follows:. The total amount of the offering. The terms that should be followed and honored when doing the payment. The date that the total amount is expected to be given in full.

Fl Sales Commission Agreement Form

If in installment, the due dates in which partial payments are expected to be received by the sellerOptions for Seller AssistWhen making a home purchase agreement, be informed of the closing costs. This cost is the total amount of the expenses that are above the property’s actual price. A closing cost includes the insurance of the title, the fees used for loan application, the escrow fees and the like. This closing cost can be specified accordingly so a buyer can have an option for “seller assist” which is the condition in which the seller is expected to cover the specified amount, or a portion of it – depending on the buyer and the seller’s agreement.Home Inspection ContingencyThere should also be conditions in which the buyer can cancel the home purchase agreement. This can be done if it has been specified in the home purchase agreement form that the results of the home inspection contingency can allow the specified decision, once findings are proven to be legal, real, and valid.Signatures of Parties InvolvedNever forget to attach the signatures of the parties involved in the transaction. As the last portion of a, the signatures of all the parties signifies that all the details present in the document are already approved by both ends of the agreement.Transactions related to the selling and buying of properties should always be complete and well-recorded as disputes may occur if there are glitches and loop holes in the processes applied within the entire process. With all the information mentioned above present in a home purchase agreement, it is most likely that misunderstandings may occur within the entirety of the purchase period.Car Sales Agreement Forms Used Car Sales Agreement Form.

File Format. PDFSize: 72 KBSales Agreement FormsWith the discussion presented above, it is evident that a sales agreement form is truly of value in various transactions of sale. Both the buyers and sellers can benefit from the usage of this document as it relays all the legalities of the agreement and how these shall be applied within the process of exchange.For a seller, it is important to assure that the price that the buyer is willing to provide is worthy of the item or property to be sold. On the other hand, buyers should also be protected when it comes to the quality of the product that he / she will buy.

Using an will be very helpful when putting the details of a sales agreement all together.