Outside Sales Representative Agreement

An Outside Sales Representative Agreement is a legal document that outlines the terms and conditions of the working relationship between a company and an individual or entity hired as an outside sales representative. Outside sales representatives are responsible for generating sales, building client relationships, and often working outside the company's physical location (such as in the field or remotely). This agreement defines the roles, responsibilities, compensation, and other relevant details pertaining to the sales representative's activities.

Key elements typically included in an Outside Sales Representative Agreement are:

1. Parties Involved: The agreement identifies the parties—the company (referred to as the "Company" or "Employer") and the outside sales representative (referred to as the "Sales Representative" or "Employee").

2. Scope of Work: The agreement outlines the specific tasks and responsibilities of the sales representative. This includes details about prospecting, client visits, sales targets, and other sales-related activities.

3. Compensation and Commission: The contract specifies how the sales representative will be compensated. This often involves commission-based pay, and the agreement outlines the commission structure, sales goals, and other relevant compensation details.

4. Territory: The agreement may define the geographical territory or region that the sales representative is responsible for covering.

5. Sales Targets and Performance Expectations: This section outlines the sales targets, quotas, or performance metrics that the sales representative is expected to achieve.

6. Use of Company Resources: The agreement might address the use of company resources such as marketing materials, sales tools, and equipment.

7. Confidentiality and Non-Compete: The contract may include clauses related to confidentiality of client information and restrictions on the sales representative's ability to work for competitors or solicit clients after the termination of the agreement.

8. Travel and Expenses: If applicable, the agreement may outline the company's policies and reimbursement procedures for travel expenses incurred by the sales representative.

9. Termination Clause: This section outlines the conditions under which either party can terminate the agreement, including any notice period required.

10. Intellectual Property: If relevant, the agreement might address issues related to the ownership of intellectual property created by the sales representative during their engagement.

11. Dispute Resolution: The contract might outline the procedures to be followed in case of disputes, including negotiation, mediation, or arbitration.

12. Governing Law and Jurisdiction: The agreement specifies the laws that govern the agreement and the jurisdiction where any potential legal disputes will be resolved.

13. Amendments: The contract might include details about how the agreement can be amended or modified, ensuring that any changes are agreed upon by both parties in writing.

An Outside Sales Representative Agreement is important to establish clear expectations and responsibilities for both the company and the sales representative. It helps prevent misunderstandings, defines compensation structures, and sets the foundation for a successful sales relationship. As with any contractual agreement, seeking legal advice when drafting or reviewing the agreement can help ensure that the terms are fair, legally compliant, and align with the interests of both parties.