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Retainer Agreement For Sales Agent
This agreement is by and between [Name and Address of Company/Corporation], a company that was organized under the laws of (State) with its main place of business located at (address), hereinafter referred to as [Company], and [Name and Address of Sales Agent], hereinafter referred to as [Agent], on this ________ day of ________ 20 ___, do hereby agree to the following:
The [Company] is a manufacturer of (product) and wishes to appoint a general sales agent for selling [Company's] product (describe).
[Agent] accepts such duties and agrees to follow the terms and conditions of this agreement.
The agreement will last for (period of time) begining on (date), unless either or both parties terminate according to the terms of the agreement.
[Agent], will receive a commission from the sale of products sold for use in agents designated territory.
[Agents] commission on sales will be calculated and distributed as follows:
All orders must be taken as follows to ensure proper credit and to follow the order guidelines set up by [Company]:
(this section should contain any company guidelines, policies, procedures, etc, and include those that are associated with taking orders when a sale is made)
Non Competition By Agent
[Agent], having agreed to devote exclusive time to [Company's] business, is not permitted to purchase or deal in (product) on [Agents] own in any way during the continuance of this agreement.
[Agent] will also not engage, directly or indirectly in distriution, manufacturing, purchasing, selling or dealing in (product), in the territory described, for a period of (period of time) following the termination of this agreement.
Remittals By Agent
[Agents] must deposit on a (daily/weekly) basis to [Company], in the manner prescribed by [Company's] treasurer, or deposit (daily/weekly) in a financial institution designated by [Company's] treasurer, all monies, cheques, and assigned drafts received by [Agent]. [Agent] will in no way use any of the money collected for [Company] to defray [Agents] expenses, or for any other purpose.
Agents Incurred Expenses
All expenses for traveling, office, clerical, office and equipment maintenance, or general selling expenses will be borne wholly by [Agent]. [Company] will not be responsible or liable for such expenses.
AgentS Objections to Accounting & Limitations
[Agent] fully understands and is in agreement with all objections to statements of account submitted by [Company] are to waived, unless they receive written notice from [Agent] within (--) days after receiving [Agents] statement.
[Agent] agrees to furnish a security bond in the sum of $------, as faithful performance of [Agent]. Any related premiums must be paid by [Agent].
Depreciation of Agency Property
All property, furniture and fixtures used [Agent] shall be invoiced and appraised at least once each year and a deduction of not less than (--%) per year will be made to cover wear and tear in ordinary depreciation.
The enforcement of this agreement will be governed by the laws of the state of (state).
This this the entire agreement of the parties, and may only be altered by an instrument in writing.
Executed on the date first above written at (City/State).
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [County]
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____