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Employment Agreement - Sales Representative


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Introduction
Description
Use
Table of Contents

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Introduction

As he is, for its customers, the face of the business, the sales representative can play an important role in the development of the latter; on the other hand, he can also be very harmful.

Even though the sales representative is not a manager, it is important to assess, on a case-by-case basis, the importance of the legal support required by this human resource. The following document, in its annotated version, explains the most important legal, administrative and financial components related to this position within the business.

Description

The Employment Agreement for the Sales Representative is the legal instrument by which a CORPORATION / COMPANY, hires a person called the REPRESENTATIVE, in order to perform some or all of its commercial representation activities. This instrument is used to establish the respective obligations of the parties, so as to govern their relationship. It differs from the employment letter (document C02.210) by its much more developed content.

Use


This document can be used as an alternative to the employment letter, as these two instruments have the same purpose. However, the employment agreement frames, in a much more secure way, the relationship between the Sales Representative and the CORPORATION / COMPANY, because of its expanded scope. We therefore recommend the use of this contract rather than the letter when the representative may have, by himself, a material impact on the activities of the CORPORATION / COMPANY. In such a case, it becomes important to manage as many aspects of this relationship as possible.

However, in the presence of a collective agreement governing the working conditions of the Sales Representative, some aspects of this employment agreement may not be applicable.

It should be noted that the legal content of this instrument has been designed according to the laws of the province of Quebec, Canada. Any proposed use of this document for a court other than the province of Quebec requires validation of its content by an attorney practicing in such jurisdiction.

Table of Contents

0.00 INTERPRETATION
0.01 Terminology
0.01.01 Agreement
0.01.02 Business
0.01.03 Clients
0.01.04 Confidential Information
0.01.05 Prime Rate
0.01.06 Products
0.01.07 Territory
0.02 Precedence
0.03 Jurisdiction
0.03.01 Governing Law
0.03.02 Presumption
0.03.03 Adaptation
0.03.04 Continuation or rescission
0.04 Miscellaneous
0.04.01 Computation of Time
0.04.02 Cumulative Rights
0.04.03 Canadian Currency
0.04.04 Gender and Number
0.04.05 Headings
1.00 APPOINTMENT
2.00 COMPENSATION
2.01 Acknowledgement
2.02 Table of commission
2.03 Entitlement to commission
2.04 Sales Price
3.00 TERMS AND CONDITIONS OF PAYMENT
3.01 Calculation and payment of the commission
3.02 Advance of commission
3.03 Adjustments to the commission
3.04 Expenses incurred by THE REPRESENTATIVE
3.05 Commission payable at the termination of employment
4.00 REPRESENTATIONS BY THE REPRESENTATIVE
4.01 Disclosure
4.02 Qualifications
4.03 Health
5.00 DUTIES AND OBLIGATIONS OF THE REPRESENTATIVE
5.01 Responsibilities
5.02 Place of work
5.03 Exclusivity
5.04 Best effort
5.05 Conduct
5.06 Confidentiality
5.07 Non-competition
5.08 Non-solicitation of the Clientele
5.09 Non-solicitation of personnel
5.10 Additional responsibilities
5.11 Promotional materiel
6.00 DUTIES AND OBLIGATIONS OF THE COMPANY
6.01 Automobile
6.02 Traveling fees
6.03 Promotional materiel
6.04 Territory
6.05 Production
6.06 Sick days
6.07 Invalidity insurance
6.08 Pension fund
6.09 Vacation
6.10 Personal information
7.00 SPECIAL PROVISIONS
7.01 No intermediary
7.02 Fortuitous Act
8.00 GENERAL PROVISIONS
8.01 Schedules
8.02 Arbitration
8.03 Notices
8.04 Choice of Venue
8.05 Amendment
8.06 Non-Waiver
9.00 TERMINATION OF THE AGREEMENT
10.00 COMING INTO FORCE
11.00 DURATION
12.00 SCOPE OF APPLICATION

SCHEDULE A - LIST OF PRODUCTS
SCHEDULE B - TABLE OF COMMISSIONS
SCHEDULE C - TERRITORY
SCHEDULE D - PROMISSORY NOTE
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