On average, I check, check and negotiate three or four rep agreements a week. Some are righteous, others horrible. Based on this experience, I offer 10 tips that I should consider when requesting a new client and verifying a proposed rep agreement: within days of the termination of this agreement, the representative will return to the company and will not retain copies or notes, all company products (including products), models, models, goods and documents relating to the company`s activities, including reports, summaries, lists, correspondences, information, computer files, computer media and other materials, and copies of those documents that the representative has received during and in connection with his work with the company. All files, records, documents, designs, specifications, information, letters, notes, media lists, original prints or creative works, notebooks and similar articles related to the business, whether created by the representative or by others, remain the exclusive property of the company. 5. The duration of the contract should reflect the sales cycle of the territory and/or products- In some cases, your efforts cannot lead to orders for months or even years, such as.B. The sale of products related to a construction project, the sale of design-in products to OEMs or the sale of capital goods. In such cases, make sure that the duration of the contract gives you enough time to develop sales and collect commissions. Make sure rep`s agreement provides for the payment of commissions after termination, which also reflect the sales cycle.
The longer it takes for an order to be processed and shipped, the longer the extra time. A contract that provides only shipments up to the termination date unfairly deprives you of commissions on sales already in the pipeline. You should at least insist on commissions for all orders received up to the termination date, regardless of the date of shipment or payment. During the term, the representative may engage in other independent contractual activities, except that the representative may not accept any work, enter into contracts or accept obligations inconsistent or inconsistent with the representative`s obligations or the scope of the services to be provided to the company under this agreement. Another tip – after signing an acceptable Rep agreement, don`t put it in a drawer so you never light up the light of the world, until a problem arises or until the end of your relationship with your employer. I recommend you review all your Rep agreements every year. In addition, it is useful to prepare a grid that includes the main provisions of all your contracts, such as duration, termination, termination, home accounts and territory. In this way, you can plan ahead and avoid surprises The company wishes to hire the representative as a non-exclusive sales representative independent of the products in the areas identified in Appendix B (together, the « territory ») and the representative wishes to market and sell the products as described in this agreement.
This agreement is the final agreement of the parties. It is the complete and exclusive expression of the parties` agreement on its purpose. All prior and simultaneous communications, negotiations and agreements between the parties on the purpose of this agreement are expressly incorporated into and replaced by this agreement. The provisions of this agreement must not be declared, supplemented or qualified by evidence of the use of trade or a previous activity. None of the parties was led to conclude this agreement and neither party is based on statements, representation, guarantee or agreement, except those expressly defined in this agreement. Unless expressly stated in this agreement, there are no conditions for the effectiveness of this agreement.