Seller Agreement Contract Template for Australia

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Key Requirements PROMPT example:

Seller Agreement Contract

"I need a Seller Agreement Contract for my tech company to appoint authorized resellers of our software products in Australia, including commission structures and performance targets, with the agreement to commence from March 1, 2025."

Document background
The Seller Agreement Contract is a fundamental legal document used in Australian business operations to establish formal selling arrangements between companies and their authorized sellers. This agreement is essential when a business wants to engage external parties or individuals to sell their products or services, whether through direct sales, distribution, or agency arrangements. The document comprehensively addresses key aspects including appointment terms, territory rights, compensation structures, and compliance with Australian regulatory requirements. It is particularly important in ensuring compliance with the Competition and Consumer Act 2010, various state-based Sale of Goods Acts, and other relevant Australian legislation. The agreement provides clarity on roles, responsibilities, and expectations while protecting both parties' interests through clear risk allocation and dispute resolution mechanisms.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Provides context and purpose of the agreement, including any relevant business relationship history

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Appointment and Scope: Establishes the seller's appointment and defines the scope of authorized selling activities

5. Term: Specifies the duration of the agreement, including commencement date and any renewal provisions

6. Seller Obligations: Details the core responsibilities and duties of the seller

7. Principal's Obligations: Outlines the responsibilities and commitments of the principal/company

8. Fees and Payment Terms: Specifies compensation structure, payment terms, and invoicing procedures

9. Intellectual Property: Addresses ownership and usage rights of trademarks, logos, and other IP

10. Confidentiality: Defines confidential information and establishes protection obligations

11. Compliance: Sets out compliance requirements with laws, regulations, and company policies

12. Termination: Details circumstances and procedures for ending the agreement

13. Dispute Resolution: Establishes process for resolving disputes between parties

14. General Provisions: Contains standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Performance Targets: Used when specific sales targets or KPIs need to be met by the seller

2. Territory Rights: Included when seller is granted exclusive or non-exclusive rights in specific geographic areas

3. Marketing and Promotion: Required when seller has specific marketing responsibilities or restrictions

4. Insurance Requirements: Included when specific insurance coverage is required from the seller

5. Training Requirements: Used when seller must complete specific training programs

6. Stock Management: Needed for agreements involving physical inventory handling

7. Data Protection: Required when seller will handle customer personal data

8. Non-Compete: Included when restrictions on competing activities are required

9. Sub-contracting: Used when seller may need to engage sub-contractors

10. Minimum Purchase Requirements: Included for agreements requiring minimum purchase volumes

Suggested Schedules

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agreement

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates and calculation methods

3. Schedule 3 - Territory Map: Geographic boundaries of seller's territory if applicable

4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement criteria

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Schedule 6 - Operating Procedures: Detailed operational procedures and requirements

7. Schedule 7 - Insurance Requirements: Specific insurance types and coverage levels required

8. Appendix A - Reporting Templates: Standard templates for required reporting

9. Appendix B - Company Policies: Relevant company policies that seller must comply with

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

Retail

Wholesale

Manufacturing

Technology

Consumer Goods

Professional Services

Financial Services

Telecommunications

Healthcare

Construction

Agriculture

Mining

Energy

Education

Real Estate

Relevant Teams

Legal

Sales

Commercial

Compliance

Finance

Operations

Risk Management

Business Development

Procurement

Executive Leadership

Relevant Roles

Sales Director

Commercial Manager

Business Development Manager

Legal Counsel

Compliance Officer

Contract Manager

Sales Operations Manager

Channel Manager

Distribution Manager

Account Executive

Chief Commercial Officer

Sales Representative

Procurement Manager

Risk Manager

CEO

Managing Director

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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