Sales Employment Agreement Template

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SALES EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT, effective this _______ day of _____________________,
20____, by and between _____________________________________________ (hereinafter referred to
as the “Company”), a corporation organized and existing under the laws of the State of ___________,
with its principal place of business located at _______________________________________________,
and _________________________________________________ (hereinafter referred to as the
“Employee”), an individual, with his or her principal residence located at ________________________
_____________________________________.
WITNESSETH:
WHEREAS, the Company is in the business of _______________________________________
____________________________________; and
WHEREAS, the operation by the Company of its business requires disclosure of confidential
information to its employees; and
WHEREAS, such confidential information provided to the Employee by the Company if
improperly used by the Employee for his or her own purpose rather than on behalf of the Company can
result in irreparable harm to the Company, which harm, because of the nature of the industry, is not
susceptible to precise proof; and
WHEREAS, the training of the Employee by the Company, the skills obtained by the Employee
and the disclosure to the Employee of such aforesaid confidential information makes such Employee
valuable to competitors of the Company; and
WHEREAS, the Employee is desirous of entering into the employment of the Company and is
aware of the foregoing consideration and understands the reasons for the terms and conditions of his or
her employment as set forth below.
NOW, THEREFORE, in consideration of the premises and mutual covenants and promises set
forth herein, and intending to be legally bound hereby, the parties agree as follows:
ARTICLE I: PURPOSES. The Company hereby employs the Employee and the Employee
accepts employment from the Company as a salesperson and/or such other duties as the Company may,
from time to time, determine.
The Company hereby engages the Employee for the primary purpose of soliciting
________________________________________ sales in the territory or territories to be determined by
the Company at the Company's sole discretion.
ARTICLE II: DUTIES. The Employee accepts such employment as a salesperson and agrees to
devote his or her full-time and best efforts to soliciting sales in the territory or territories to be
determined by the Company.
SALES EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT, effective this _______ day of _____________________,
20____, by and between _____________________________________________ (hereinafter referred to
as the “Company”), a corporation organized and existing under the laws of the State of ___________,
with its principal place of business located at _______________________________________________,
and _________________________________________________ (hereinafter referred to as the
“Employee”), an individual, with his or her principal residence located at ________________________
_____________________________________.
WITNESSETH:
WHEREAS, the Company is in the business of _______________________________________
____________________________________; and
WHEREAS, the operation by the Company of its business requires disclosure of confidential
information to its employees; and
WHEREAS, such confidential information provided to the Employee by the Company if
improperly used by the Employee for his or her own purpose rather than on behalf of the Company can
result in irreparable harm to the Company, which harm, because of the nature of the industry, is not
susceptible to precise proof; and
WHEREAS, the training of the Employee by the Company, the skills obtained by the Employee
and the disclosure to the Employee of such aforesaid confidential information makes such Employee
valuable to competitors of the Company; and
WHEREAS, the Employee is desirous of entering into the employment of the Company and is
aware of the foregoing consideration and understands the reasons for the terms and conditions of his or
her employment as set forth below.
NOW, THEREFORE, in consideration of the premises and mutual covenants and promises set
forth herein, and intending to be legally bound hereby, the parties agree as follows:
ARTICLE I: PURPOSES. The Company hereby employs the Employee and the Employee
accepts employment from the Company as a salesperson and/or such other duties as the Company may,
from time to time, determine.
The Company hereby engages the Employee for the primary purpose of soliciting
________________________________________ sales in the territory or territories to be determined by
the Company at the Company's sole discretion.
ARTICLE II: DUTIES. The Employee accepts such employment as a salesperson and agrees to
devote his or her full-time and best efforts to soliciting sales in the territory or territories to be
determined by the Company.
The Employee shall solicit ____________________________________________ sales for the
exclusive benefit of the Company and perform such other duties as may be assigned to him or her by the
Company. The Employee agrees that during the term of this agreement, he or she will have no other
employment except as may be specifically authorized in writing by the Company. The Employee shall
not serve as an adviser, agent, consultant, independent contractor or in any partnership, corporation or
other entity, person or firm that directly sells or services _______________________________ or any
type of product or service that competes, conflicts or interferes with the performance of his or her duties,
unless he or she has first received written consent of the Company, which consent shall be revocable at
the will of the Company.
The Employee shall present the Company's line of _________________________________ to
prospective clients and will offer such ___________________________________ at prices furnished by
the Company, on the terms and conditions established by the Company and in the territories established
by the Company.
The Employee shall not at any time enter into any contract with any person or corporation that
shall purport to bind the Company in any manner whatsoever without written authority from the
Company and any such contract entered into by such Employee shall not be binding upon the Company.
The Company specifically reserves the right to reject any contract or to cancel any contract or part
thereof even after acceptance, for credit reasons or for any other reason whatsoever that the Company
may deem appropriate.
ARTICLE III: TERMS. The Company hereby employs the Employee and the Employee hereby
accepts employment for a term of ________ (____) year(s) from the date hereof unless terminated by
either party by written notice sent by certified mail at least _________ (____) days in advance of such
termination. Such notice of termination shall not prejudice either party as to any remedies under the
provisions of this agreement. If the agreement is not terminated by either party during the initial term
hereof, the Employee's employment shall continue thereafter under the terms and conditions hereof for a
period of one year, and so on from year to year, until either party terminates this agreement.
ARTICLE IV: COMPENSATION. As compensation for all of the services to be rendered by the
Employee pursuant to the terms and conditions set forth herein and such other duties as the Company
may from time to time determine, the Employee shall receive a commission in an amount to be
determined pursuant to the Schedule(s) of Commissions to be published by Company, from time to time.
In the event that a commission is paid to the Employee pursuant to the terms of this ARTICLE
IV, and the Company, for whatever reason whatsoever, is thereafter obligated to return the payments
upon which the commission is determined, the Employee shall, upon thirty (30) days written notice,
repay to the Company such compensation as he or she has received based on the amounts so returned or
returnable. Compensation payable pursuant to this ARTICLE IV shall be paid not less frequently than
monthly and may be offset by any amounts owed to the Company.
In the event the Company shall determine, in its sole discretion, that compensation based on the
Schedule of Commissions shall change, the Company shall provide written notice to the Employee at
least thirty (30) days prior to the said change. The Company agrees that it shall not change the
commission schedule unless the said changes are made for all sales employees of the Company. Any
amounts paid and any benefits provided to the Employee pursuant to this agreement that are deemed to
be compensation under the Internal Revenue Code shall be subject to the applicable income tax
withholding for federal, state and local income taxes. In addition, the Company shall deduct from the
compensation paid to the Employee such other deductions as authorized by the Employee or by a court
of competent jurisdiction.
ARTICLE V: OTHER BENEFITS AND EXPENSES. The Employee shall be entitled during the
term of this agreement to participate in all health insurance and benefit plans, group insurance or other
plan or plans providing benefits generally applicable to the employees of the Company who are
currently in existence or those who hereafter may be adopted by the Company.
Once the Employee shall be deemed a “successful salesperson”, said determination to be at the
sole discretion of the Company as applied to all salespeople, the Employee may draw for expenses up to
_____________________________________________ dollars ($______________) per month, the said
draw amount being subject to change as long as the said change applies to all “successful salespeople" at
the sole discretion of the Company. The Employee shall submit evidence of the said expenses on no less
than a monthly basis with the difference between the monthly draw and the actual verified expenses
being returned to the Company within thirty (30) days of notice.
ARTICLE VI: PRICES AND SERVICE. The Employee shall sell the Company's __________
___________________ at the price and under the terms and conditions established by the Company.
Said prices, terms and conditions may, from time to time, be changed and/or modified by the Company
at its sole discretion. The Employee shall not at any time enter into any contract with any person, firm or
corporation that shall purport to bind the Company in any manner whatsoever without written authority
from the Company and any such contract entered into by such Employee shall not be binding upon the
Company. The Company specifically reserves the right to reject any application or contract or to cancel
any application or contract or part thereof even after acceptance, for credit reasons or for any other
reason whatsoever that the Company deems appropriate.
ARTICLE VII: TERMINATION. In the event of the death of the Employee, the Company shall
pay to the representative of the Employee's estate all funds due to the Employee to the date of death. In
the event that the Employee becomes disabled because of physical or mental disability as to be unable to
perform the services required by this agreement and such disability continues for ________ (_____)
days, the Company may, at or after the expiration of such _________ (_____)-day period and provided
the Employee's incapacity is then continuing, terminate the Employee's employment under this
agreement. It is expressly understood that the inability of the Employee to render services to the
Company by reason of illness, disability or incapacity or any cause beyond his or her control shall not
constitute a failure by the Employee to perform his or her obligations hereunder and shall not be
considered a breach or default under this agreement.
In the event that the Employee violates any of the provisions of this agreement or performs any
act or does anything by which the Company shall incur liability, then, at the option of the Company, this
contract shall at once cease and the Company shall be under no obligation to the Employee, except to
pay the Employee for such services as may have been performed up to the date of termination of this
agreement as herein provided. In the event that the Employee violates any of the provisions of this
agreement or fails to perform the services required of the Employee by this agreement, then at the option
of the Company, this agreement shall at once cease and become null and void and the Company shall be
under no obligation to said Employee except to pay the Employee such compensation as he or she may
be entitled to receive up to the time of such termination.
In the event that the Employee becomes insolvent and unable to pay his or her debts in full or
files a petition in bankruptcy or is adjudicated a bankrupt, this agreement shall at once cease and become
null and void and the Company shall be under no obligation to the Employee except to pay the
Employee such compensation as he or she may be entitled to receive up to the time of such termination.
In the event that the Employee should be arrested or be the subject to an indictment or charged
with any crime or unlawful act involving an allegation or charge of a breach of moral turpitude or the
sale or use of a prohibited drug or controlled substance, this contract shall at once cease and become null
and void and the Company shall be under no obligation to the Employee except to pay the Employee
such compensation as he or she may be entitled to receive up to the time of such termination. In the
event that the Employee should be found to have taken, used or converted any property belonging to the
Company, the Employee shall be immediately discharged and this contract shall at once cease and
become null and void and the Company shall be under no obligation to the Employee except to pay the
Employee such compensation as he or she may be entitled to receive up to the time of such termination.
Any payments due the Employee pursuant to termination shall be paid to the Employee as soon
as the Company can determine the true and correct amount for all payments due the Employee, except
that in the event that said termination is due to the misconduct of the Employee pertaining to any of the
terms hereunder, the Company shall have the right to withhold all money due the Employee and shall
apply said funds as an offset against any money due the Company from the Employee as a result of the
Employee misconduct. In any event, the Employee shall be entitled to an accounting, in writing, of the
funds so withheld,
ARTICLE VIII: CONFIDENTIAL INFORMATION. “Confidential Information” shall be
defined for the purpose of this agreement as information (1) disclosed to the Employee or known or
gathered by the Employee as a consequence of or through his or her employment by the Company and
(2) not generally known to the industry in which the Company is or may become engaged about the
Company's products, administrative services or methods of doing business, including, but not limited to,
information relating to trade secrets, marketing techniques and programs, dates, figures, projections,
costs, methods of operation, identity of plans or administrative services, estimates, customer lists,
customer history, personnel history, financial statements, accounting procedures and selling techniques.
That the Employee will not during his or her employment or after termination thereof,
irrespective of the time, manner or cause of the termination of said employment, directly or indirectly
disclose to any person, firm or corporation any of the above Confidential Information that he or she shall
have acquired during his or her term of employment.
The Employee agrees that he or she will not, during his or her employment by the Company or at
any time thereafter, interfere with or disrupt, or attempt to interfere with or disrupt, any business
relationship, contractual or otherwise, between the Company and any other party, including clients or
prospective clients, suppliers, agents or the employees of the Company.
The Employee acknowledges that all documents, words, files, customer lists, information and
data in his or her possession or custody, whether gathered by the Employee or any other person, and
whether or not reduced to writing, an electronic or magnetic medium, relating to the business activities
of the Company are and shall remain the sole and exclusive property of the Company and/or the
Company's customers.
That upon the termination of said employment, irrespective of the time, manner or cause of said
termination, the Employee will surrender to the Company all information written or otherwise in
connection with the Company's customers or business as well as other property of the Company.
ARTICLE IX: NONCOMPETITION PROVISION. In further consideration of employment, the
Employee shall not engage in a business in any manner similar to or in competition with the Company's
or the Company's affiliated businesses during the term of his or her employment Furthermore, the
Employee shall not engage in a business in any manner similar to or in competition with the Company's
business for a period of
_________ (_____)
years from the date of termination of his or her
employment with the Company in the geographical area within a _______ (_____)-mile radius of any
present or future office opened by the Company during the term of employment and the geographical
area within a ________ (_____)-mile radius of the Employee’s home address.
The Employee shall not request any customers of any business then being conducted or
contemplated by the Company or its affiliates to curtail or cancel their business with the Company or its
affiliates.
The Employee shall not disclose to any person, firm or corporation any trade, technical or
technological secrets, any details of organizations or business affairs, any names of past or present
customers of the Company or its affiliates or any other information relating to the business or businesses
or their affiliates
The Employee shall not solicit, canvass or accept any business or transaction for any other
person, firm or corporation or business similar to any business of the Company or its affiliates.
The Employee shall not induce, or attempt to influence, any employee of the business or its
affiliates to terminate employment with the business or its affiliates or to enter into any employment or
other business relationship with any other person (including the Employee), firm or corporation,
The Employee shall not act or conduct himself or herself in any manner that he or she shall have
reason to believe is inimical or contrary to the interests of the Company or its affiliates.
The Employee shall not perform any act in violation hereof through any other person or entity or
through any plan, scheme or design calculated to circumvent the requirements hereof
The Employee acknowledges and agrees that the above restriction is reasonable as to duration
and geography, that it is fully enforceable, and waives any objection thereto and covenants to institute
no suit or proceeding or otherwise advance any position or contention to the contrary.
The Employee recognizes that immediate and irreparable damage will result to the Company if
the Employee breaches any of the terms and conditions of this article and, accordingly, the Employee
hereby consents to the entry of temporary, preliminary and permanent injunctive relief by any court of
competent jurisdiction against him or her to restrain any such breach, in addition to any other remedies
or claims for money damages that the Company may seek; and the Employee agrees to render an
equitable accounting of all earnings, profits and other benefits arising from such violations; and to pay
all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be
cumulative. The Employee represents and warrants to the Company that his or her experience and
capabilities are such that he or she can obtain employment in business without breaching the terms and
conditions of this article and that his or her obligations under the provisions of this article (and the
enforcement thereof by injunction or otherwise) will not prevent him or her from earning a livelihood.
This covenant on the part of the Employee shall be construed as an agreement independent of
any other provisions of this agreement, and the existence of any claim or cause of action of the

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