EXCLUSIVE TERRITORY OF SALES AGENCY - (Type 1)
This agreement is made __________ (Date), between
___________________________ (Principal), a corporation organized and existing
under the laws of ___________ (State) having its principal place of business at
______________________________________ (Address) here referred to as principal,
and ____________________________ (Agent), of
___________________________________________________________ (Address) here
referred to as salesperson.
The principal and salesperson agree to the
following:
PART I.
APPOINTMENT OF SALESPERSON
The principal hereby appoints salesperson as an
exclusive agent within the territory described. This appointment follows the terms and conditions set forth in
this agreement, for the solicitation and acceptance of orders for the described
products.
PART II.
EXCLUSIVE SALES TERRITORY
The exclusive sales territory of this agreement is
_____________________ (Describe Territory).
PART III.
SALESPERSONS RIGHT TO SOLICIT AND TAKE ORDERS
Salesperson shall have the exclusive right to
solicit and take orders in the territory for all
_______________________________________________________ (Products).
PART IV.
PRICES AND TERMS OF ORDERS; CONFIRMATION
Salesperson shall solicit and take orders, within
the territory, for products at the prices specified by principal.
All orders solicited and taken by salesperson shall
be subject to acceptance and confirmation in writing by an authorized
representative of principal.
PART V.
COMMISSIONS ON SALES
Unless otherwise stated, principal will pay
commission on all uncancelled customer orders received from territory, amounts
equal to percent of the net selling price of products that are sold within the
territory by salesperson. Commissions
will also take into account and be calculated as follows: ___________________________________ (include
any factors affecting commission such as:
payment schedule, outside territory sales and refunds)
PART VI.
DEVOTION OF TIME AND SKILL
The salesperson agrees to use their best efforts to
promote the sale and use of the products within the territory. The salesperson shall respect the policy
that regards the sale of products.
The parties expressly agree that salesperson shall
not become interested in the sale of any product that competes with the
products of this agreement, or that would conflict with the best interests of
principal.
PART VII.
ARBITRATION
Any and all claims and disputes to this agreement
will be subject to arbitration. The
arbitration will be in accordance with the Arbitration Rules of the American
Arbitration Association for _____________________ (Principals Industry). Written notice of arbitration shall be filed
with the other party and with the American Arbitration Association, within
_________ (Days).
PART VIII.
SALESPERSONS LIABILITY INSURANCE
As a condition to the appointment of a salesperson
under this agreement, the salesperson agrees to maintain a public liability
insurance policy with minimum limits of ________________ ($_____) with an
insurance carrier licensed to do business in _______________ (State). Proof of 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.
TERMS OF AGREEMENT EXCLUSIVE
This is the agreement between the parties. The parties understand and agree that
neither of them has made any representation with respect to the subject matter
of the agreement except those specifically set forth.
In witness whereof, the parties have executed this
agreement at ___________________ (Place of Execution) on __________________
(Date)
_________________________ _____________________
Signature Date
_________________________ _____________________
Signature Date
