How to Write a Business/Job Contract: Sample 1

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.

Sample

MARKETING AND SALES AGREEMENT

BETWEEN

ADEAYO GROUP

AND

__________________________________

This Marketing and Sales Channel Agreement (the ‘’Agreement’’) is made this 04^th day of January 2020

BETWEEN

ADEAYO GROUP, a company registered under the Laws of the Federal Republic of Nigeria and having its principal place of business on the 2^nd 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.

AND

—————————————————– 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 wit: Facebook, Twitter, Instagram, 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.

(b) Commissions

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 to a training class at the Institute or foreign admission processing, the officer gets 15% of the payment made.
Study Abroad Commission: Where a student introduced by the officer successfully resumes 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.

(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 on 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

6. CONFIDENTIALITY

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 outside 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.