The Independent Sales Contractor Agreement is designed for businesses operating under English and Welsh law who wish to engage self-employed sales professionals without creating an employment relationship. This agreement is particularly relevant when companies need flexible sales resources without the obligations of employment. It covers essential elements including commission structures, sales territories, performance expectations, and compliance with relevant legislation such as the Commercial Agents Regulations 1993 and IR35. The document protects both parties' interests while maintaining clear independent contractor status.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and scope of services
5. Duties and Obligations: Responsibilities of the contractor
6. Commission Structure: Payment terms and commission calculations
7. Term and Termination: Duration and termination provisions
8. Independent Contractor Status: Confirmation of self-employed status
9. Confidentiality: Protection of confidential information
10. Governing Law: Jurisdiction and applicable law
1. Non-Compete: Restrictions on competing activities - include when protecting business interests from competition
2. Intellectual Property: Ownership and use of IP rights - include when IP is created or used during service provision
3. Insurance: Required insurance coverage - include when specific insurance requirements exist
4. Data Protection: GDPR compliance obligations - include when personal data is processed
1. Commission Schedule: Detailed commission rates and calculation methods
2. Territory Schedule: Defined geographical areas for sales activities
3. Products Schedule: List of products/services to be sold
4. Performance Targets: Specific sales targets and metrics
5. Reporting Requirements: Format and frequency of sales reports
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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