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.
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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.
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
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
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