Sales Consultant Agreement Template for Malaysia

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Key Requirements PROMPT example:

Sales Consultant Agreement

"I need a Sales Consultant Agreement for my technology company based in Kuala Lumpur, engaging independent sales consultants to sell our software products across Malaysia and Singapore, with a commission-based structure of 15% on all sales and quarterly performance targets starting from March 2025."

Document background
The Sales Consultant Agreement is essential for businesses operating in Malaysia that engage independent sales professionals or consulting firms to promote and sell their products or services. This document is specifically designed to comply with Malaysian legal requirements while establishing a clear independent contractor relationship. It is particularly useful when a company wants to expand its sales reach without increasing permanent headcount, needs specialized sales expertise, or requires flexibility in its sales force. The agreement covers crucial elements including compensation structure, performance metrics, territorial rights, and compliance requirements. It incorporates necessary protections for both parties while ensuring alignment with Malaysian commercial law, tax regulations, and data protection requirements. This agreement is distinct from an employment contract and should be used when the intention is to create a genuine consultancy relationship rather than an employer-employee arrangement.
Suggested Sections

1. Parties: Identifies the contracting parties - the company and the sales consultant

2. Background: Explains the context of the agreement and the company's desire to engage the consultant

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the consultant's appointment and defines the scope of services

5. Independent Contractor Status: Clearly establishes the relationship as independent contracting, not employment

6. Term: Specifies the duration of the agreement and renewal terms

7. Duties and Responsibilities: Details the specific duties and responsibilities of the sales consultant

8. Compensation and Payment Terms: Outlines the fee structure, commission rates, and payment terms

9. Expenses: Specifies which expenses are reimbursable and the process for reimbursement

10. Confidentiality: Protects company's confidential information and trade secrets

11. Intellectual Property: Addresses ownership of materials and intellectual property created during the engagement

12. Non-Competition and Non-Solicitation: Restricts competitive activities and solicitation of clients/employees

13. Termination: Details circumstances and procedures for terminating the agreement

14. General Provisions: Includes standard legal provisions like governing law, notices, and amendments

Optional Sections

1. Performance Targets: Specific sales targets and performance metrics, used when quantifiable goals are part of the arrangement

2. Territory Rights: Defines geographical or customer segment exclusivity, used when territory restrictions apply

3. Training and Support: Outlines company-provided training and support, used when significant training is involved

4. Insurance Requirements: Specifies required insurance coverage, used when consultant needs specific insurance

5. Data Protection: Detailed data protection obligations, used when handling personal data

6. Marketing and Branding: Guidelines for using company's brand and marketing materials, used when consultant represents company publicly

7. Dispute Resolution: Specific procedures for resolving disputes, used when alternative dispute resolution is preferred

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule B - Territory Map: Geographical area or customer segments assigned to the consultant

3. Schedule C - Product List: List of products or services the consultant is authorized to sell

4. Schedule D - Sales Targets: Specific sales targets and performance metrics

5. Schedule E - Approved Expenses: List of pre-approved expenses and reimbursement procedures

6. Schedule F - Reporting Templates: Required sales report formats and submission schedules

7. Appendix 1 - Company Policies: Relevant company policies the consultant 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 Industries

Retail

Technology

Manufacturing

Consumer Goods

Financial Services

Telecommunications

Healthcare

Real Estate

Professional Services

Industrial Products

E-commerce

Automotive

Education

Insurance

Relevant Teams

Legal

Sales

Human Resources

Procurement

Compliance

Finance

Operations

Business Development

Commercial

Risk Management

Relevant Roles

Sales Director

Business Development Manager

Regional Sales Manager

Channel Manager

Sales Operations Manager

Legal Counsel

HR Director

Procurement Manager

Commercial Director

Chief Revenue Officer

Sales Consultant

Independent Sales Representative

Territory Manager

Account Executive

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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