Salesperson Employment Agreement

Salesperson Employment Agreement

This Salesperson Employment Agreement ("Agreement") is made as of Date: by and between Employer Name: with principal place of business at and Salesperson Name: of Address: .

RECITALS

WHEREAS, Employer is engaged in the business of selling goods and/or services described as: ; and

WHEREAS, Employer desires to employ Salesperson to solicit sales and perform related duties on the terms set forth in this Agreement; and

WHEREAS, Salesperson desires to accept employment upon the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. EMPLOYMENT

1.1 Position. Employer hereby employs Salesperson as Sales Representative for the territory described in Section 3. Salesperson accepts such employment and agrees to perform the duties described in Section 2.

1.2 Employment Relationship. The parties intend that Salesperson be employed as: Employee    Independent contractor. The selected classification determines applicable benefits, withholding and tax treatment; notwithstanding classification, the substantive obligations in this Agreement apply to Salesperson as written.

2. DUTIES AND PERFORMANCE

2.1 Duties. Salesperson will diligently solicit orders, develop customer relationships, and perform other sales duties assigned by Employer, including timely reporting of leads and maintaining accurate records of customer contacts and transactions.

2.2 Best Efforts; Compliance. Salesperson shall devote reasonable time and best efforts to the business of Employer, comply with Employer policies, and act in good faith and in the best interests of Employer. Salesperson shall comply with all applicable laws and regulations in performing duties hereunder.

3. TERM AND TERRITORY

3.1 Term. The employment of Salesperson under this Agreement will commence on Start Date: and continue until terminated in accordance with Section 9.

3.2 Territory. Salesperson's territory shall be: . Employer may modify the territory upon reasonable notice consistent with commission terms.

4. COMPENSATION

4.1 Base Salary. Employer shall pay Salesperson a base salary of $ per , subject to standard payroll deductions and withholdings.

4.2 Commissions. Salesperson shall be eligible to earn commissions calculated as of Net Sales generated by Salesperson. "Net Sales" means gross sales less returns, discounts, and taxes. Commissions are earned when payment for the sale is received by Employer and are payable on the Commission Payment Date: .

4.3 Draw and Recoveries. Employer may provide a recoverable draw in the amount of $. Draws shall be recovered from future commissions as described in Employer's draw policy. Salesperson is responsible for any outstanding draw balance upon termination as provided in Section 9.

4.4 Changes. Employer may revise commission plans, rates and payment schedules prospectively upon written notice to Salesperson; no unilateral change shall retroactively reduce commissions already earned under a clear written commission schedule.

5. EXPENSES

Employer will reimburse Salesperson for reasonable and necessary business expenses incurred in performing duties, provided such expenses are pre-approved where required and submitted with appropriate documentation in accordance with Employer's expense reimbursement policy. Reimbursement limitations:

6. CONFIDENTIALITY

6.1 Definition. "Confidential Information" includes trade secrets, customer lists, pricing, marketing plans, product specifications, business strategies and other non-public information of Employer disclosed or learned by Salesperson.

6.2 Obligations. Salesperson shall not use or disclose Confidential Information except as necessary to perform duties for Employer. These obligations survive termination of employment for a period of .

7. NON-COMPETE AND NON-SOLICITATION

7.1 Non-Competition. During employment and for a period of following termination, Salesperson shall not engage in competitive sales activities for products or services substantially similar to those sold by Employer within the geographic area: . This covenant is reasonable to protect Employer's legitimate business interests.

7.2 Non-Solicitation. For a period of after termination, Salesperson shall not directly or indirectly solicit or attempt to solicit Employer's customers or induce employees or contractors to leave Employer.

8. INTELLECTUAL PROPERTY

Salesperson agrees that all inventions, discoveries, improvements, designs, works of authorship and other intellectual property created or developed in the course of employment and relating to Employer's business shall be the exclusive property of Employer. Salesperson shall disclose such developments and execute assignments and other instruments reasonably necessary to vest ownership in Employer.

9. TERMINATION

9.1 Termination by Employer. Employer may terminate Salesperson's employment for Cause immediately upon written notice. "Cause" includes, without limitation, willful misconduct, material breach of this Agreement, gross negligence, conviction of a felony, or material violation of Employer policy.

9.2 Termination without Cause. Employer may terminate without Cause upon prior written notice or payment in lieu thereof.

9.3 Effects of Termination. Upon termination, Salesperson shall be entitled only to earned but unpaid base salary and commissions earned in accordance with Section 4; any unearned commissions or bonuses are forfeited unless otherwise required by law or written agreement. Salesperson shall promptly return Employer property and Confidential Information.

10. REMEDIES

Salesperson acknowledges that breach of Sections 6, 7 or 8 would cause Employer irreparable harm for which monetary damages would be inadequate; Employer is entitled to injunctive relief and any other remedies available at law or in equity, without the requirement of posting a bond.

11. INDEMNIFICATION

Salesperson shall indemnify and hold Employer harmless from and against any claims, losses, damages, liabilities and expenses arising from Salesperson's willful misconduct, gross negligence or breach of this Agreement.

12. NOTICES

All notices under this Agreement must be in writing and delivered to the addresses below by hand, certified mail (return receipt requested), or nationally recognized overnight courier. Notice to Employer:

Notice to Salesperson:

13. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the state of , without regard to choice-of-law principles.

14. ENTIRE AGREEMENT

This Agreement, together with any written commission schedules and policies expressly incorporated herein, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement will continue in full force and effect, and the parties shall negotiate in good faith a valid substitute provision that best effectuates the original intent.

16. AMENDMENT; WAIVER; COUNTERPARTS

16.1 Amendment. This Agreement may be amended only by a writing signed by both parties.

16.2 Waiver. Failure to enforce any right will not constitute a waiver of that right.

16.3 Counterparts. This Agreement may be executed in counterparts, each of which is an original and all of which constitute one instrument.

17. MISCELLANEOUS

17.1 Assignment. Salesperson may not assign this Agreement or any rights hereunder without Employer's prior written consent. Employer may assign its rights to a successor entity.

17.2 Taxes and Withholding. Employer will withhold taxes and make payroll deductions as required by law for employees. If Salesperson is treated as an independent contractor, Salesperson is responsible for all taxes and withholdings.

ADDITIONAL TERMS

Sign Now