Sales Representative Agreement (India)

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Sales Representative Agreement for use in all states and territories of India.

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In the course of conducting your business, you may need to hire or employ a person who will be your sales representative, selling the goods and services you or your company provides and representing the company to your present and future clients and consumers. In such a case, you will want to execute a clear, concise and legally valid agreement which sets forth the obligations of the parties and protects the rights of those involved in the agreement.

The importance of a well-drafted and legally valid Sales Representative Agreement cannot be underestimated. Without such agreement, there is an increased chance of confusion and conflict, sometimes resulting in administrative actions and lawsuits, exorbitant legal fees, as well as the drain of time and resources dealing with said issues.

To minimize the chance of problems arising from the relationship between the company and its sales representatives, you will need a sales agreement which clearly sets forth the terms of the position, responsibilities, and obligations of the sales representative, as well as the monetary details for both parties. Here you will find a form that provides all of that and more; a form which works to protect you and your company from time-consuming problems and also facilitates the creation of a seamless, profitable and mutually agreed-upon relationship with your sales representatives.

This packet identifies and explains many key elements in drafting this document. Some of the important provisions incorporated herein include the following:
  • Designation of Parties: An explanation of who the parties to the agreement are, and how they will treated/referred for purposes of agreement.
  • Advantage of Agreement: Explanation of the benefits of specific provisions, and how they will work to the advantage of all parties to protect rights and minimize conflict.
  • Discussion of Enforceability: Details the enforceability of such agreement and provides the optimal time to execute the agreement.
  • Confidentiality: Describes and provides a confidentiality clause for protection of both the company and the sales representative.
  • Governing Law: Brief explanation of the laws of India which may affect the agreement and some issues that the company and all parties should be aware of in regards to the laws.
  • Explanation of Expenses: Details the specific terms regarding the way expenses will be handled, as well as the obligations of the parties in terms of such expenses.
  • Employment Status: To clearly set forth the status of the sales representative as an employee or independent contractor or other lawful relationship used in the agreement.

The packet available here for purchase was prepared and reviewed by a lawyer and includes the following:
  1. Instructions and Checklist for the Sales Representative Agreement
  2. Detailed information regarding the Sales Representative Agreement
  3. Sales Representative Agreement for India
Law Compliance: This form complies with the laws of the states and territories of India
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Sales Representative Agreement
(India)

 

 
This Sales Representative Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, BY AND BETWEEN  _________________, a company  incorporated  under the Companies  Act, 1956 and having its registered office at ________________________ (hereinafter  called the “Company” which expression shall, unless the context admits otherwise, includes  its representatives) of  the ONE PART; 
 
AND ________________________ (hereinafter called the “Sales Representative” which expression shall, unless the context admits otherwise, include its heirs, executors, administrators, representatives and assigns) of the OTHER PART.
(collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.    SERVICES:  
A.    The Company shall engage Sales Representative to sell and promote as its authorised  exclusive agent or  non-exclusive agent [check one] the following services or products of the Company, which may be changed by the Company for time to time:___________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (the “Products”).  The Company shall, in its sole discretion, determine the sales price and terms of sale for the Products.
 
B.   Sales Representative, except as directed by the Company, shall determine the method, details, and means of performing the services described above; however, Sales Representative agrees to devote a minimum of _______hours per week to said services.  
 
 
C.   Sales Representative also shall periodically or at the Companys request, submit documentation of the services performed by the Sales Representative on behalf of the Company pursuant to this Agreement.  From time to time, the Company may establish performance goals for Sales Representative, and the failure to reach such performance goals may be cause for termination of this Agreement.
 
 
2.   TERRITORY:  The Sales Representative will sell and promote the Products in the following geographical area, which may be changed from time to time by the Company:_________________________________________________________
   ______________________________________________________________________________________________________________________________________________________________________________________________________
 
3.   COMPENSATION:  For services provided, the Company will pay Sales Representative the following commission percentage: _________% of the Sales Representatives invoiced sales price [including/excluding] any applicable Value Added Tax (VAT), Sales Tax, local taxes and other levies and  shipping charges of the Products (the “Commission”).  Payment of the Commission by the Company to the Sales Representative shall be due __________ (___) days after receipt of payment by the Company of the underlying invoice.  
 
4.   EXPENSES:  Sales Representative shall be reimbursed for the following expenses: __________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
 
5.   INDEPENDENT CONTRACTOR:  Sales Representative is an independent contractor and not an employee of the Company, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Company.
 
6.   CONFIDENTIALITY:  Sales Representative acknowledges that he/she may have access to the Companys confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as the Company may designate as confidential (“Confidential Information”).  Sales Representative agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless the Company grants express, written consent of such a disclosure.  In addition, Sales Representative will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Sales Representatives unauthorised actions.
 
7.   OTHER RULES AND POLICIES: Sales Representative agrees to abide by any other rules, policies and procedures as communicated by the Company.
 
8.   TERMINATION:  This Agreement may be terminated for any reason or no reason by either party upon ______ (____) days written notice or immediately by the Company if (i) Sales Representative fails to perform his/her duties or materially breaches any obligation in the Agreement, or (ii) Sales Representative is unable to provide the services in this Agreement due to illness, death or disability.
 
9.   RETURN OF PROPERTY:  Upon termination of services, Sales Representative will promptly return to the Company all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Sales Representative will return any other property belonging to the Company including without limitation: computers, office supplies, money and documents.
 
10. CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 of this Agreement will continue in full force and effect following such termination.
 
11.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
12. CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
13. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
14. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Company and Sales Representative.
 
16. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
The Company:                  
________________________________   
________________________________
________________________________   
 
 
Sales Representative:
______________________________
______________________________   
______________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
17.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________ In the event of disputes, differences, claims and questions between the parties hereto arising out of this Agreement or in any way relating hereto or any term, consultation or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the parties shall first endeavor to settle such differences, disputes, claims or questions by friendly mediation. In the event of failure of parties to resolve by friendly mediation the dispute, differences, claims and questions between the Parties hereto arising out of this Agreement or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise shall be referred to arbitration.  The proceedings held by the arbitrator in making the award will be in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator shall be final and binding on the parties.
 
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
 
 
 
THE COMPANY:
 
___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)
 
 
 
 
SALES REPRESENTATIVE:
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33559
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Sales Representative Agreement
(India)

 

 
This Sales Representative Agreement (the “Agreement”) is made and entered on _____________________________________________, ___________, BY AND BETWEEN  _________________, a company  incorporated  under the Companies  Act, 1956 and having its registered office at ________________________ (hereinafter  called the “Company” which expression shall, unless the context admits otherwise, includes  its representatives) of  the ONE PART; 
 
AND ________________________ (hereinafter called the “Sales Representative” which expression shall, unless the context admits otherwise, include its heirs, executors, administrators, representatives and assigns) of the OTHER PART.
(collectively referred to as the “Parties”).
 
The Parties agree as follows:
 
1.    SERVICES:  
A.    The Company shall engage Sales Representative to sell and promote as its authorised  exclusive agent or  non-exclusive agent [check one] the following services or products of the Company, which may be changed by the Company for time to time:___________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (the “Products”).  The Company shall, in its sole discretion, determine the sales price and terms of sale for the Products.
 
B.   Sales Representative, except as directed by the Company, shall determine the method, details, and means of performing the services described above; however, Sales Representative agrees to devote a minimum of _______hours per week to said services.  
 
 
C.   Sales Representative also shall periodically or at the Companys request, submit documentation of the services performed by the Sales Representative on behalf of the Company pursuant to this Agreement.  From time to time, the Company may establish performance goals for Sales Representative, and the failure to reach such performance goals may be cause for termination of this Agreement.
 
 
2.   TERRITORY:  The Sales Representative will sell and promote the Products in the following geographical area, which may be changed from time to time by the Company:_________________________________________________________
   ______________________________________________________________________________________________________________________________________________________________________________________________________
 
3.   COMPENSATION:  For services provided, the Company will pay Sales Representative the following commission percentage: _________% of the Sales Representatives invoiced sales price [including/excluding] any applicable Value Added Tax (VAT), Sales Tax, local taxes and other levies and  shipping charges of the Products (the “Commission”).  Payment of the Commission by the Company to the Sales Representative shall be due __________ (___) days after receipt of payment by the Company of the underlying invoice.  
 
4.   EXPENSES:  Sales Representative shall be reimbursed for the following expenses: __________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
 
5.   INDEPENDENT CONTRACTOR:  Sales Representative is an independent contractor and not an employee of the Company, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Company.
 
6.   CONFIDENTIALITY:  Sales Representative acknowledges that he/she may have access to the Companys confidential and proprietary information.  Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as the Company may designate as confidential (“Confidential Information”).  Sales Representative agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the term of this Agreement, unless the Company grants express, written consent of such a disclosure.  In addition, Sales Representative will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Sales Representatives unauthorised actions.
 
7.   OTHER RULES AND POLICIES: Sales Representative agrees to abide by any other rules, policies and procedures as communicated by the Company.
 
8.   TERMINATION:  This Agreement may be terminated for any reason or no reason by either party upon ______ (____) days written notice or immediately by the Company if (i) Sales Representative fails to perform his/her duties or materially breaches any obligation in the Agreement, or (ii) Sales Representative is unable to provide the services in this Agreement due to illness, death or disability.
 
9.   RETURN OF PROPERTY:  Upon termination of services, Sales Representative will promptly return to the Company all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Sales Representative will return any other property belonging to the Company including without limitation: computers, office supplies, money and documents.
 
10. CONTINUING OBLIGATIONS:  Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 of this Agreement will continue in full force and effect following such termination.
 
11.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
 
12. CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
 
13. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
 
14. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Company and Sales Representative.
 
16. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
The Company:                  
________________________________   
________________________________
________________________________   
 
 
Sales Representative:
______________________________
______________________________   
______________________________
 
 
Either party may change such addresses from time to time by providing notice as set forth above.
 
17.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________ In the event of disputes, differences, claims and questions between the parties hereto arising out of this Agreement or in any way relating hereto or any term, consultation or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the parties shall first endeavor to settle such differences, disputes, claims or questions by friendly mediation. In the event of failure of parties to resolve by friendly mediation the dispute, differences, claims and questions between the Parties hereto arising out of this Agreement or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise shall be referred to arbitration.  The proceedings held by the arbitrator in making the award will be in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator shall be final and binding on the parties.
 
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
 
 
 
THE COMPANY:
 
___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)
 
 
 
 
SALES REPRESENTATIVE:
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)

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Reviews: 2


Mesquite,

TX

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We had an interview in a few hours with our very first sales rep prospect and we were scrambling to find just the right form in time. We found this form and it was perfect! Just what we needed. We all signed it and now we have our first sales rep!


,

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I would rate this product a 5/5. It was exactly what I needed and the checklist and instructions were crystal clear. I was able to quickly fill out the form and sign my new Sales Representatives who have already found me large accounts for my company. I'm definitely impressed and will come back to findlegalforms.com the next time I need a legal form!


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