Sales Outsourcing Agreement Generator for Australia

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Key Requirements PROMPT example:

Sales Outsourcing Agreement

"I need a Sales Outsourcing Agreement for my software company to engage a sales provider to handle our B2B sales across Western Australia, with strict data protection requirements and performance targets based on quarterly sales targets, starting from March 2025."

Document background
This Sales Outsourcing Agreement is designed for use when a company wishes to engage an external provider to manage part or all of its sales functions in Australia. The document is particularly relevant when organizations seek to expand their sales capacity without building internal teams, enter new markets efficiently, or optimize their sales operations through specialized expertise. It includes comprehensive provisions addressing service delivery, performance metrics, compensation structures, and compliance with Australian regulatory requirements, including the Competition and Consumer Act 2010 and Privacy Act 1988. The agreement is structured to protect both parties' interests while ensuring clear operational guidelines and maintaining service quality standards.
Suggested Sections

1. Parties: Identification of the principal company and the sales outsourcing provider

2. Background: Context of the agreement, including the principal's business and need for outsourced sales services

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the provider and detailed scope of sales services

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Provider's Obligations: Core responsibilities and service requirements of the sales provider

7. Principal's Obligations: Support, resources, and information to be provided by the principal

8. Performance Standards: Required service levels, KPIs, and quality standards

9. Compensation and Payment: Fee structure, commission rates, payment terms, and expenses

10. Reporting and Governance: Regular reporting requirements and oversight mechanisms

11. Compliance and Training: Regulatory compliance requirements and necessary training provisions

12. Intellectual Property: IP ownership, licenses, and usage rights

13. Confidentiality: Protection of confidential information and trade secrets

14. Data Protection: Handling of customer data and privacy compliance

15. Representations and Warranties: Standard warranties about capacity, authority, and service quality

16. Liability and Indemnification: Risk allocation and protection against claims

17. Termination: Termination rights and processes

18. Post-Termination Obligations: Obligations surviving termination and transition requirements

19. General Provisions: Standard boilerplate clauses including notices, amendment, assignment, etc.

Optional Sections

1. Non-Competition: Restrictions on provider's ability to work with competitors, used when sharing sensitive market information or strategies

2. Insurance: Specific insurance requirements, used when higher risk activities are involved

3. International Sales: Additional provisions for cross-border sales activities, used when sales territory includes multiple countries

4. Marketing and Branding: Guidelines for use of principal's brand and marketing materials, used when provider has significant customer-facing role

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-value agreements

6. Disaster Recovery: Business continuity requirements, important for critical sales channels

7. Subcontracting: Rules around use of subcontractors, needed if provider might delegate services

8. Change Control: Process for managing changes to services or terms, useful for complex or long-term arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of sales services, territories, and product lines

2. Schedule 2 - Service Levels and KPIs: Specific performance metrics, targets, and measurement methods

3. Schedule 3 - Fee Schedule: Detailed pricing, commission structures, and calculation methods

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Governance Procedures: Meeting schedules, escalation procedures, and key contacts

6. Schedule 6 - Compliance Requirements: Specific regulatory and compliance obligations

7. Appendix A - Approved Personnel: List of key personnel approved to provide services

8. Appendix B - Territory Map: Geographical areas covered by the agreement

9. Appendix C - Product List: Products or services authorized for sale

10. Appendix D - Systems and Tools: Technical requirements and authorized sales tools

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Consumer Goods

Manufacturing

Professional Services

Healthcare

Financial Services

Telecommunications

Real Estate

Industrial Products

Software and SaaS

Retail

Distribution and Wholesale

Energy and Utilities

Educational Services

Relevant Teams

Sales

Legal

Finance

Operations

Procurement

Compliance

Risk Management

Commercial

Business Development

Channel Management

Relevant Roles

Chief Executive Officer

Chief Commercial Officer

Sales Director

Business Development Manager

Commercial Manager

Operations Director

Chief Financial Officer

Procurement Manager

Contract Manager

Sales Operations Manager

Channel Manager

Regional Sales Manager

Chief Legal Officer

Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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