Many businesses and organizations rack their brains in writing good agreements for their client and employee.
There are criteria to be put in place before it can be called a good contract/agreement. This sample can be used for any post you want and I believe it will be useful to you.
MARKETING AND SALES AGREEMENT
This Marketing and Sales Channel Agreement (the ‘’Agreement’’) is made this 04th day of January 2020
ADEAYO GROUP, a company registered under the Laws of the Federal Republic of Nigeria and having its principal place of business on the 2nd floor, Opposite Teachers’ House, Oluyole Estate, Ibadan, Oyo State Nigeria (hereinafter referred to as the ‘’Company’’ which expression shall where the context so admits include its successors-in-title, agents and legal representatives) of the First Part.
—————————————————– of —————————————————————-, Lagos State, the Business Developmental Officer (hereinafter referred to as the ‘’Officer’’ which expression shall where the context so admits include her successors-in-title, agents and legal representatives) of the second part.
The Company and the officer may be referred to collectively as ‘’the Parties’’ and individually as the ‘’the Party’’.
1. SCOPE OF AGREEMENT
1.1 The Company has considered the Officer’s work in relation to the mandate given to the Officer for advertisement and marketing of Company Products *on every platform in so far as they are legal;
1.2 The Company has decided to further empower the Officer towards the realization of the marketing plans for the increase in its customer and client base.
2.1 COMMENCEMENT AND DURATION
This agreement shall take effect on the Execution Date and shall continue in full force for a period of 12(twelve) months (‘’Initial Term’’). At the end of the Initial Term and each subsequent renewal term, this Agreement will automatically renew for succeeding 12-month periods unless either party notifies the other at least 30 (thirty) days prior to the end of the Initial Term or renewal term that it does not intend to renew.
3. DUTIES OF THE OFFICER
3.1 The officer shall agree to promote and market the Company’s products and services to prospective customers through its every legal means possible. These marketing efforts shall be composed of but not limited to the use of marketing information provided by the Company as the Officer will be expected to take every reasonable step possible to increase the Customer/Revenue base of the Company.
3.2 The Officer shall ensure that he expeditiously meets the targets set by bringing in sales for the Company, failure of which any loss recorded from the lack of complete sale of products will be borne by the Officer and shall lead to the termination of this Agreement; and
3.3 The Officer shall also market via Social Networking to wit: Facebook, Twitter, Instagram, and Google+ etc. thus allowing customers to engage with the Company in real time.
4. DUTIES OF THE COMPANY
4.1 To pay in a timely manner the commission due to the Officer when such accrues.
5. SALARY/COMMISSION AND INVOICING
5.1 The Officer is expected to hit the ground running thus, maximizing initial sales activity directly after a TWO-WEEK training period. The Officer has agreed to be paid the sum of N50,000.00 (Five Hundred Thousand Naira Only) provided that he/she brings in sales to the tune of at least N500,000.00 (Five Hundred Thousand Naira Only) monthly.
5.2 Compensation Structure
(a). Base Salary
This is payable after the first month provided the Officer meets his/her target as contained in clause 5.1 thereof. The sum of N5,000.00 (Five Thousand Naira only) is the Base Salary to cover out-pocket expenses.
Figures are based on the parameters stated below:
- Solar Gate: On the successful sale of a gate, the officer gets 15% of the purchase price paid.
- Training and Foreign Admission Processing: When the officer successfully introduces a student for a training class at the Institute or foreign admission processing, the officer get 15% of the payment made.
- Study Abroad Commission: Where a student introduced by the officer successfully resumes in the school applied for as processed by the company, the officer gets $100 (one hundred dollars)
- Other Company Products: On the successful sale of other company products, the officer gets 9% of the purchase price paid.
(c) Monthly Sales Period
All commissions are paid on sales completed and paid by the last day of the previous month.
(d) Sales Reports
Sales and activity reports for the month must be submitted by the fifth o each month for the previous month in order to receive commissions.
(e) Commission Payments
Commissions are paid the fifteenth of the month for the previous month’s earnings, contingent upon satisfaction of all other requirements of this Agreement.
- Commission Contingencies
- The officer must meet acceptable levels of new sales in order to receive commissions and submit all required reports in a timely manner.
- If the company terminates this Agreement, the officer shall receive commissions on all completed sales up to the date of termination, residuals for the previous month, and prorated commissions for the month in which the termination occurred.
- The officer shall forfeit any previously paid commissions if the company does not receive the associated customer’s payment or the customer otherwise defaults or terminates a contract prior to the end of the month without complete payment. Forfeited commissions shall be deducted from future commissions.
6.1 Neither Party shall disclose to a third party any confidential information of the other nor make use of any information, document or other material belonging to the other Party to which access is granted by virtue of this Agreement for purposes or businesses putside the scope of this Agreement without the prior written consent of the Discloser o the information or material first being obtained.
6.2 The Party acknowledges that all confidential information and business contacts disclosed in pursuance of this Agreement are assets of the Discloser and shall not be used without the consent of the discloser which consent may be subject to payment of a fee or other conditions as may be stipulated by the owner/discloser of material or information.
6.3 No Party whether directly or indirectly, alone or jointly with others or whether as principal, agent, shareholder or otherwise shall circumvent the terms of this Agreement for the duration of this Agreement or for a period of one (1) year after the termination or expiry of this Agreement.
7.1 No Party shall be deemed to have waived any rights under this Agreement unless such waiver is given in writing and sighed by all Parties
7.2 No delay or omission on the part of a Party to this Agreement in exercising any right shall operate as a waiver of such right or any other right.
The agreement may be terminated in the following:
8.1 The company may terminate this Agreement after commencement, provided that the officer shall be compensated for roles or duties performed up to the point of termination save where it is in default.
8.2 The officer repeatedly breaches any of the terms of this Agreement, at any time by giving 14 (fourteen) days’ written notice to the company and same rules shall apply vice versa if termination were to flow from the company.
9. GOVERNING LAW & DISPUTE RESOLUTION
9.1 This Agreement shall be binding on Parties and shall be construed and governed by the Laws of the Federal Republic of Nigeria. Any dispute or disputes relating to this Agreement which cannot be resolved amicably among the parties shall be referred to a competent court.
IN WITNESS WHEREOF the duly authorized representative of the Parties to this Agreement hereto have executed this Agreement the day and year set out below and certify that they have read, understood and agreed to the term and conditions of this Agreement as set forth herein.
The common seal of the within named
Was duly affixed hereunto by
Signed seal and delivered by the within named Officer
In the present of
I understand and accept to comply with the terms and conditions of this Employment Letter and that same shall be binding on me.