Sales Agency Agreement - Non-Exclusive

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This Sales Agency Agreement (Non-Exclusive) is between a product seller and an agency which will sell specific products. This agreement sets out the territory in which the products may be sold and the independent contractor status of the agency.

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This Sales Agency Agreement (Non-Exclusive) is between a seller of certain products and a sales agency who will hold the non-exclusive right to sell the products in a certain territory. This agreement sets out the names and addresses of the seller and agency, brief description of the products to be sold and the exact territory in which the agency may sell the products. It also sets forth the percentage rate of commission the agency will receive and when this commission will be paid. It is important that this type of agreement be set out in writing rather than via oral agreement. A written Sales Agency Agreement (Non-Exclusive) will prove valuable in the event there are disagreements or miscommunication between the parties surrounding the non-exclusive rights to sell the products.

This Sales Agency Agreement (Non-Exclusive) contains the following provisions:
  • Parties: Sets forth the names and addresses of the seller and the agency along with the date of the agreement;
  • Products/Territory: Detailed description of the products the agent may sell and in what specific territory;
  • Compensation: Sets out the percentage rate of commission the agent will be paid and when this commission is payable;
  • Promotion: Agency agrees to promote the products within the territory and to make regular calls on his or her customers;
  • Employment Status: Agency will be considered an independent contractor and not an employee of the seller;
  • Signatures: This agreement must be signed by the seller and the sales agency.

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This attorney-prepared packet contains:
  1. General Instructions
  2. Sales Agency Agreement (Non-Exclusive)
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Sales Agency Agreement (Non-Exclusive)

 

 
THIS AGREEMENT made as of [Date of Agreement (ie. July 1, 2002)] between [Name of Seller] (the "Seller") of [Address of Seller] and [Name of Agent] (the "Agent") of [Address of Agent].
WHEREAS:
(A)   The Seller is a supplier of certain [Briefly Describe Products (ie. Home Cleaning) products (the "Products") listed in Schedule "A" hereto;
(B)   The Agent wishes to become the non-exclusive sales agent of Seller for the Products in [Describe the Territory of Agent (ie. the State of Texas)] (the "Territory");
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1.   During the term of this Agreement, the Agent will act as the non-exclusive sales agent of the Products for the Seller in the Territory. The Agent acknowledges and agrees that the Seller shall have the right to appoint one or more other agents within the Territory to sell the Products.
2.   The Agent will be entitled to receive a commission of [Commission Rate (ie. 10%)] of all Products sold to customers relating to orders procured by Agent, excluding applicable taxes. Commissions due to the Agent will be payable on or before the fifteenth (15th) day of the month following date of shipment by the Seller.
3.   Commissions paid to the Agent on billings on which the customer defaults in payment will be charged back to the Agent when the customer has been in default ninety (90) days or more. If the customer pays at some future date these commissions will be repaid to the Agent.
4.   The Agent agrees to aggressively promote the sale of the Products in the Territory and to service the customers of the Seller in a manner consistent with good sales procedure and customer relations, and to make regular calls on its customers at regular intervals.
5.   The Agent agrees that it will not promote the sale of, or sell, Products outside the Territory without the prior written consent of the Seller, which consent may be withheld by the Seller.
6.   The Agent agrees to abide by and comply with all sales policies and operating procedures of the Seller, so long as they are not in conflict with governmental regulations.
7.   The Agent will not obligate or contract on behalf of the Seller unless it has specific written authority to do so from an authorized representative of the Seller.
8.   This Agreement shall commence on the date first written above and shall remain in full force and effect until terminated by either party hereby upon not less than sixty (60) days prior written notice to the other party.
9.   The Agent will be paid commissions on all orders from the Territory accepted by the Seller prior to the effective termination date, even though such orders may be shipped after the effective date of termination.
10.   The Agent shall perform its services under this Agreement as an independent contractor.  Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between the parties hereto or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.  The Agent also agrees that it will not hold itself out as a partner, joint venturer, co-principal or employee of the Seller by reason of the Agreement. In the event that the Seller is adjudicated to be a partner, joint venturer, co-principal or employer of or with the Agent, the Agent shall indemnify and hold harmless the Seller from and against any and all claims for loss, liability or damages arising therefrom.
11.   This Agreement, including the Schedules hereto, constitutes the entire agreement between the parties relating to the subject matter hereof and, except as stated herein or in the instruments and documents to be executed and delivered pursuant hereto, contain all the representations and warranties of the respective parties relating to the subject matter hereof.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.
 
 
 
 
 
 
[NAME OF SELLER]
 
 
 
 
 
 
[NAME OF BUYER]
 
 
Schedule "A"Description of Products
[Detailed Description of Products which are the subject of this Agreement)
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28853
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Sales Agency Agreement (Non-Exclusive)

 

 
THIS AGREEMENT made as of [Date of Agreement (ie. July 1, 2002)] between [Name of Seller] (the "Seller") of [Address of Seller] and [Name of Agent] (the "Agent") of [Address of Agent].
WHEREAS:
(A)   The Seller is a supplier of certain [Briefly Describe Products (ie. Home Cleaning) products (the "Products") listed in Schedule "A" hereto;
(B)   The Agent wishes to become the non-exclusive sales agent of Seller for the Products in [Describe the Territory of Agent (ie. the State of Texas)] (the "Territory");
NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1.   During the term of this Agreement, the Agent will act as the non-exclusive sales agent of the Products for the Seller in the Territory. The Agent acknowledges and agrees that the Seller shall have the right to appoint one or more other agents within the Territory to sell the Products.
2.   The Agent will be entitled to receive a commission of [Commission Rate (ie. 10%)] of all Products sold to customers relating to orders procured by Agent, excluding applicable taxes. Commissions due to the Agent will be payable on or before the fifteenth (15th) day of the month following date of shipment by the Seller.
3.   Commissions paid to the Agent on billings on which the customer defaults in payment will be charged back to the Agent when the customer has been in default ninety (90) days or more. If the customer pays at some future date these commissions will be repaid to the Agent.
4.   The Agent agrees to aggressively promote the sale of the Products in the Territory and to service the customers of the Seller in a manner consistent with good sales procedure and customer relations, and to make regular calls on its customers at regular intervals.
5.   The Agent agrees that it will not promote the sale of, or sell, Products outside the Territory without the prior written consent of the Seller, which consent may be withheld by the Seller.
6.   The Agent agrees to abide by and comply with all sales policies and operating procedures of the Seller, so long as they are not in conflict with governmental regulations.
7.   The Agent will not obligate or contract on behalf of the Seller unless it has specific written authority to do so from an authorized representative of the Seller.
8.   This Agreement shall commence on the date first written above and shall remain in full force and effect until terminated by either party hereby upon not less than sixty (60) days prior written notice to the other party.
9.   The Agent will be paid commissions on all orders from the Territory accepted by the Seller prior to the effective termination date, even though such orders may be shipped after the effective date of termination.
10.   The Agent shall perform its services under this Agreement as an independent contractor.  Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between the parties hereto or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.  The Agent also agrees that it will not hold itself out as a partner, joint venturer, co-principal or employee of the Seller by reason of the Agreement. In the event that the Seller is adjudicated to be a partner, joint venturer, co-principal or employer of or with the Agent, the Agent shall indemnify and hold harmless the Seller from and against any and all claims for loss, liability or damages arising therefrom.
11.   This Agreement, including the Schedules hereto, constitutes the entire agreement between the parties relating to the subject matter hereof and, except as stated herein or in the instruments and documents to be executed and delivered pursuant hereto, contain all the representations and warranties of the respective parties relating to the subject matter hereof.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.
 
 
 
 
 
 
[NAME OF SELLER]
 
 
 
 
 
 
[NAME OF BUYER]
 
 
Schedule "A"Description of Products
[Detailed Description of Products which are the subject of this Agreement)

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