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Salesperson Contract for the United States

Salesperson Contract Template for United States

A Salesperson Contract is a legally binding agreement between a company and an individual hired to sell products or services. Under U.S. law, this document outlines the terms of employment, compensation structure (including base salary and commissions), sales territory, performance expectations, and protection of company interests. It ensures compliance with federal and state employment laws while clearly defining the rights and obligations of both parties.

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Salesperson Contract

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What is a Salesperson Contract?

The Salesperson Contract serves as a critical document for businesses engaging sales professionals in the United States. This agreement establishes the framework for the sales relationship, including commission structures, territory assignments, and performance metrics. The contract must comply with both federal and state employment laws, particularly regarding compensation and worker classification. A well-drafted Salesperson Contract protects both the employer's business interests and the salesperson's rights while providing clear guidelines for the working relationship.

What sections should be included in a Salesperson Contract?

1. Parties: Identification of the employer and salesperson, including full legal names and addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Territory', 'Products'

4. Appointment and Territory: Scope of appointment and defined sales territory

5. Compensation Structure: Base salary (if any), commission rates, and calculation methods

6. Performance Expectations: Sales targets, reporting requirements, and minimum performance standards

7. Term and Termination: Duration of agreement and conditions for termination

What sections are optional to include in a Salesperson Contract?

1. Non-Compete Clause: Restrictions on competitive activities during and after employment

2. Expense Reimbursement: Terms and conditions for business expense reimbursement

3. Benefits Package: Details of additional benefits such as health insurance, retirement plans, and other perks

What schedules should be included in a Salesperson Contract?

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

2. Territory Map: Visual representation and description of assigned sales territory

3. Product List: Comprehensive list of products/services the salesperson is authorized to sell

4. Sales Targets: Detailed performance metrics, quotas, and measurement periods

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Sale Agreement

Cost

Free to use
Clauses



































Industries

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage, overtime pay, recordkeeping, and child labor standards. Essential for determining base compensation structure and overtime calculations for salespeople.

Equal Employment Opportunity Laws: Federal laws prohibiting workplace discrimination based on race, color, religion, sex, national origin, disability, or age. Must be considered in contract terms to ensure compliance and non-discriminatory practices.

State-Specific Employment Laws: Various state-level regulations governing employment terms, including state minimum wage, overtime rules, and break requirements that may exceed federal standards.

Commission Payment Laws: State-specific laws governing commission structures, payment timing, calculations, and rules regarding advanced commissions and chargebacks.

Worker Classification Guidelines: IRS and state-specific guidelines for determining whether a salesperson should be classified as an employee or independent contractor, affecting tax withholding and benefit obligations.

Trade Secret and Non-Compete Regulations: Federal Defend Trade Secrets Act and state laws governing the protection of proprietary information and enforcement of non-compete agreements.

Industry-Specific Sales Regulations: Regulations specific to particular industries, including licensing requirements and consumer protection laws that affect sales practices.

Tax Regulations: Federal and state tax requirements regarding income reporting, withholding obligations, and special treatment of commission-based compensation.

State Contract Law: Basic contract law requirements including statute of frauds, consideration requirements, and enforceability standards specific to the governing state.

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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