Sales (on Commission) Agreement

SERVICE AGREEMENT

THIS SERVICE AGREEMENT (the “Agreement”) is made on [ENTER DATE] by and between XXX of address [ENTER ADDRESS] (“Contractor”) and XXX of address XXX (“Company”) (individually “Party”, together “Parties”). 

WHEREAS the Contractor offers Sales Services.  

WHEREAS the Contractor offers to provide such services to the Company under the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Company and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

  1. SERVICES PROVIDED

The Company hereby agrees to engage the Contractor to promote the sale of the products of the Company (doors and custom doors) within the U.S. with an option of expanding the territory in the future (the “Services”).

  1.  OBLIGATION OF THE CONTRACTOR
  •  The Contractor shall acquire new customers and make new sales.


  •  The Contractor shall maintain a high level of professionalism at all times. 
  1.  RESPONSIBILITY OF OLD CUSTOMERS

All the existing/current customers and all open jobs/ orders shall be managed by XXX, the Company’s president. 

  1. TERM OF AGREEMENT

The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

  1. TERMINATION
  •  This Agreement may also be terminated at any time by mutual agreement of the Parties.
  1.  In the event that either Party wishes to terminate this Agreement, that Party will be required to provide two (2) to four (4) weeks’ written notice to the other Party.
  1.  Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the termination of this Agreement.
  •  GOOD FAITH

The parties to this contract shall, in exercising their respective rights and complying with their respective obligations under this contract (including when conducting any discussions or negotiations arising out of the application of any provisions of this contract or exercising any discretion under them), at all times act in good faith.

  • PERFORMANCE

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

  1. COMPENSATION/PAYMENT
  1.  The Contractor shall only be paid on new sales she completes. 

 

    1.  The Contractor shall only be paid for sales that come from her. Accordingly, any sales that come from the Company’s president, from the internet, or from the Company President’s marketing strategy are owned by the Company.
  •  The Contractor shall be paid on commission basis only for full Door sales. A full door sale for the purpose of this Agreement includes:

CA Door, Access Door, Track, Frame, Hardware. 

  •  Payment shall be done via [ENTER MEDIUM OF PAYMENT]. 


  •  The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Company in addition to the Compensation.
  1. CONFIDENTIALITY/ NON-DISCLOSURE
  •  Confidential information (the “Confidential Information”) refers to any data or information

relating to the Company, whether business or personal, which would reasonably be

considered to be private or proprietary to the Company and that is not generally known and

where the release of that Confidential Information could reasonably be expected to cause

harm to the Company. It also refers to any other data or information relating to the Company, whether business or personal, which would reasonably be considered to be private or proprietary to the Company and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Company. 

  1.  ALL confidential information is owned by the Company.  
  1.  The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Company or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
  2. Both parties agree that they will not disclose, divulge, reveal, report for any purpose, the terms of this Agreement, unless required by law. 
  3. The Contractor agrees that they will keep confidential the quoted price provided by the Company. Accordingly, the Contractor can only share the quoted prices upon a written approval from the Company.  
  1. OWNERSHIP OF INTELLECTUAL PROPERTY
  •  The Contractor SHALL NOT use the Company’s Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Company. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
  •   All intellectual property and related material, including any moral rights, and rights in any patent, copyright, trademark (the “Intellectual Property”) that is developed or produced under this Agreement, is a “work made for hire” and will be the sole property of the Company. The use of the Intellectual Property by the Company will not be restricted in any manner.
  1.  COMPANY’S PROPERTY
  •  ALL the contacts of customers and ALL documents including electronic forms are part of Company’s property. 
  1.   Upon the expiration or termination of this Agreement, the Contractor will return to the Company any property, documentation, records, or Confidential Information which is the property of the Company.
  1. CAPACITY/INDEPENDENT CONTRACTOR
  •  In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Company acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service. 


  •  The Company is not required to pay, or make any contributions to, any social security, local, state or federal tax, health insurance, vehicle reimbursements, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. 


  •  The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
  1. NOTICE

All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:

CONTRACTOR’S ADDRESS:

COMPANY’S ADDRESS: XXX

                                             XXX

or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

  1. MODIFICATION OF AGREEMENT

For any modifications of this Agreement, both parties need to sign a new Agreement on a new date. 

  1. ASSIGNMENT

The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Company.

  1. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the [ENTER STATE].

  1. WAIVER

The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. 

IN WITNESS WHEREOF the Parties have duly affix ed their signatures under hand and seal on [ENTER DATE]

___________________________________ ___________________________

Contractor’s Signature Date

___________________________________ ___________________________

    Company’s Signature Date

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.