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1 of 5 07/02/2011 13:28
Sales Agency Agreement (Non-Exclusive) http://www.scribd.com/Sales-Agency-Agreement-NonExcl...

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
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of the/ 3Seller, so long as they are not in conflict with governmental regulations.
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-2-

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]

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Sales Agency Agreement (Non-Exclusive) http://www.scribd.com/Sales-Agency-Agreement-NonExcl...

Schedule "A"
Description of Products
[Detailed Description of Products which are the subject of this Agreement)

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