Sales Agency Agreements

Summary

This practice note discusses key provisions and issues to consider and address when drafting and negotiating sales agency agreements. Specifically, it examines the provisions dealing with: appointment of the sales agent, exclusivity, and territory; term of the agreement and renewal; the agent's obligations, including sales efforts and quotas; commissions; manufacturer's obligations; confidentiality; intellectual property; indemnification and insurance; termination; choice of law and dispute resolution; and boilerplate clauses.