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Sales Representative Contract Template for Australia

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Key Requirements PROMPT example:

Sales Representative Contract

"I need a Sales Representative Contract for my medical devices company operating in Western Australia, with specific provisions for maintaining regulatory compliance and a tiered commission structure based on quarterly sales targets, starting from March 2025."

Document background
The Sales Representative Contract is essential for businesses operating in Australia that engage independent sales representatives to promote and sell their products or services. This document is designed to comply with Australian federal and state legislation, including the Independent Contractors Act 2006, Fair Work Act 2009, and relevant state-specific regulations. It establishes clear terms regarding territory rights, commission structures, performance expectations, and mutual obligations while protecting both parties' interests. The contract is particularly important for businesses expanding their sales force through external representatives, ensuring proper classification of the relationship and compliance with Australian legal requirements regarding independent contractors versus employees.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the company and the sales representative

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Establishes the engagement of the sales representative and the duration of the agreement

5. Territory and Products: Defines the geographical area and products/services the representative is authorized to sell

6. Duties and Responsibilities: Details the specific obligations and responsibilities of the sales representative

7. Commission Structure: Outlines the basic commission rates and payment terms

8. Reporting Requirements: Specifies the sales reports, documentation, and reporting frequency required

9. Intellectual Property: Protects the company's IP and establishes usage rights

10. Confidentiality: Protects confidential information and trade secrets

11. Non-Competition and Non-Solicitation: Restricts competitive activities during and after the agreement

12. Termination: Sets out the circumstances and process for ending the agreement

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

Optional Sections

1. Performance Targets: Includes specific sales targets and performance metrics when the company wants to establish measurable goals

2. Training Requirements: Details mandatory training programs when specific product knowledge or certifications are required

3. Expense Reimbursement: Outlines expense policies when the representative is entitled to claim certain business expenses

4. Insurance Requirements: Specifies required insurance coverage when the representative needs to maintain specific insurance

5. Sub-agents: Establishes rules for appointing sub-agents when this is permitted

6. Marketing and Advertising: Details marketing obligations and restrictions when the representative has specific promotional responsibilities

7. Equipment and Resources: Specifies company-provided resources when equipment or materials are supplied

8. Customer Service Standards: Establishes service level requirements when specific customer service standards must be maintained

Suggested Schedules

1. Schedule 1 - Territory Map: Detailed map and description of the assigned sales territory

2. Schedule 2 - Product List: Comprehensive list of products/services the representative is authorized to sell

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

4. Schedule 4 - Sales Targets: Specific performance metrics and targets if applicable

5. Schedule 5 - Reporting Templates: Standard forms and templates for required reports

6. Appendix A - Company Policies: Relevant company policies and procedures

7. Appendix B - Training Requirements: Details of required training programs and certifications

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

Retail

Manufacturing

Technology

Pharmaceuticals

Consumer Goods

Professional Services

Industrial Equipment

Software and IT

Telecommunications

Financial Services

Real Estate

Construction Materials

Medical Devices

Automotive

Agriculture

Relevant Teams

Sales

Legal

Human Resources

Compliance

Finance

Operations

Business Development

Commercial

Contract Administration

Relevant Roles

Sales Representative

Sales Agent

Business Development Manager

Territory Manager

Sales Director

Chief Sales Officer

Commercial Director

Account Executive

Regional Sales Manager

Channel Partner Manager

Legal Counsel

HR Manager

Compliance Officer

Contract Administrator

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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