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Non Exclusive Sales Agreement Template for Australia

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Key Requirements PROMPT example:

Non Exclusive Sales Agreement

"I need a Non-Exclusive Sales Agreement for my software company to appoint sales representatives across APAC regions, with specific commission structures for different product tiers and the flexibility to appoint additional representatives in each territory starting March 2025."

Document background
The Non-Exclusive Sales Agreement is essential for businesses operating in Australia that wish to expand their sales channels while maintaining flexibility in their distribution strategy. This document is particularly useful when a company wants to test new markets or sales approaches without committing to exclusive arrangements. The agreement covers crucial aspects such as territory definitions, commission structures, performance metrics, and reporting requirements, while ensuring compliance with Australian legislation including the Competition and Consumer Act 2010 and relevant state laws. It's commonly used when companies want to maintain control over their sales channels while benefiting from multiple representatives' efforts, or when testing new market segments before considering exclusive arrangements.
Suggested Sections

1. Parties: Identification of the principal/supplier and the sales agent/representative, including full legal names and addresses

2. Background: Context of the agreement, brief description of the business relationship and purpose of the agreement

3. Definitions: Defined terms used throughout the agreement, including Products, Territory, Commission, etc.

4. Appointment and Scope: Clear statement of non-exclusive appointment, territory definition, and scope of sales authority

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Obligations of the Sales Representative: Key responsibilities, sales targets, reporting requirements, and standard of performance

7. Obligations of the Principal: Support to be provided, product supply commitments, and training obligations

8. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission eligibility

9. Orders and Sales Process: Process for submitting and accepting orders, delivery terms, and customer handling

10. Intellectual Property: Usage rights for trademarks, logos, and marketing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Performance Targets: Specific sales targets and consequences of meeting/missing them - include when performance-based evaluation is desired

2. Training Requirements: Detailed training obligations and certification requirements - include for technical products or regulated industries

3. Marketing and Promotion: Specific marketing obligations and cost-sharing arrangements - include when joint marketing efforts are contemplated

4. Customer Data Protection: Specific provisions for handling customer data - include when dealing with personal information

5. Non-Compete Provisions: Restrictions on competing activities - include when protecting market position is critical

6. Insurance Requirements: Specific insurance coverage requirements - include for high-value products or high-risk activities

7. Dispute Resolution: Detailed dispute resolution procedures - include when specific resolution mechanisms are preferred

8. Sub-agents: Rights and restrictions regarding appointment of sub-agents - include when sub-agents might be needed

Suggested Schedules

1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications and pricing

2. Schedule 2 - Territory: Detailed description of geographic territory or market segments covered

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type

4. Schedule 4 - Sales Targets: Specific sales targets and measurement periods

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Schedule 6 - Reporting Requirements: Templates and schedules for required sales reports

7. Appendix A - Standard Operating Procedures: Detailed procedures for order processing and customer handling

8. Appendix B - Training Requirements: Detailed training programs and certification requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses







































Relevant Industries

Manufacturing

Technology

Consumer Goods

Industrial Products

Professional Services

Software and SaaS

Healthcare and Medical Devices

Agriculture

Automotive

Construction Materials

Electronics

Food and Beverage

Retail

Wholesale Distribution

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Procurement

Finance

Compliance

Channel Management

Contract Administration

Relevant Roles

Chief Executive Officer

Sales Director

Commercial Director

Business Development Manager

Sales Manager

Channel Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Territory Manager

Account Executive

Chief Commercial Officer

Procurement Manager

Sales Representative

Distribution Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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