Colorado sales representative employment contract template

Colorado Sales Representative Employment Contract

This Full-time Sales Representative Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Business Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

Position and Duties

Option A: The Employee is hired as a Full-time Sales Representative.

Option B: The Employee is hired as a Full-time Sales Representative specializing in [Specific Product/Service Area].

The Employee will perform the following duties:

• Prospecting and qualifying leads through various methods, including cold calling and networking.
• Conducting client meetings (both in-person and remote) and delivering product demonstrations.
• Negotiating contracts and closing sales.
• Managing existing client accounts and building relationships.
• Tracking sales activity and reporting on performance.
• Maintaining accurate records in the company's CRM system.
• Complying with company sales practices, ethical guidelines (including adherence to the Colorado Consumer Protection Act), confidentiality and conflict-of-interest policies, and accurately representing products/services.
• Attending trade shows and other industry events as required.

Territory and Travel

Option A: The Employee’s sales territory shall be [Assigned Region/County/City].

Option B: The Employee’s sales territory shall be focused on the following account vertical: [Account Vertical].

The Employee is expected to travel [Percentage or Frequency] within the assigned territory. The Employee [Will/Will Not] be provided with a company vehicle. If the employee is not provided with a company vehicle, mileage reimbursement will be provided at the rate of [Dollar Amount] per mile, which is at least the IRS standard rate or Colorado standard rate (if different), for business-related travel.

Sales Targets and Performance Evaluation

Option A: The Employee’s sales target is [Dollar Amount or Unit Quantity] per [Time Period].

Option B: Sales targets and performance will be evaluated based on [Specific Metrics, e.g., new accounts, revenue growth].

Sales targets will be reviewed [Frequency, e.g., quarterly, annually]. Performance will be evaluated based on [Evaluation Methods, e.g., sales volume, customer satisfaction, adherence to company policies].

Compensation

Base Salary: The Employee's base salary will be [Dollar Amount] per [Pay Period], subject to standard deductions.

Commission Structure: The Employee will be eligible for commissions based on the following structure: [Commission Percentage or Formula].

• Commissions will be paid [Payment Schedule, e.g., monthly, quarterly].
• Option A: Commissions are subject to clawback provisions for returns or cancellations, as detailed in [Reference Document].
• Option B: Commissions earned but not yet paid at the time of termination will be paid in accordance with Colorado’s Wage Act, no later than the next regular payday.

Method of Payment: Payment will be made via [Method, e.g., direct deposit, check].

Termination

Employment is "at-will," meaning either party may terminate the employment relationship at any time, with or without cause or notice, subject to the following:

Option A: The Employee is required to provide [Number] days' written notice of resignation.

Option B: The Employer is required to provide [Number] days' written notice of termination, or pay in lieu thereof, except in cases of gross misconduct.

Upon termination, the Employer will provide the Employee with written notice regarding termination and separation, as required by Colorado law.

Work Hours and Expectations

The Employee’s standard work hours are [Start Time] to [End Time], [Days of the Week]. The Employee is expected to make [Number] sales calls per [Time Period].

Option A: The Employee is eligible for flexible scheduling, subject to manager approval.

Option B: The Employee is eligible for remote work in the field, subject to company policy.

The Employee must comply with all Colorado wage and hour requirements, including meal and rest breaks under state law.

Benefits

The Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:

• Health, dental, and vision insurance
• 401(k) or other retirement plan
• Paid time off (PTO)
• Sick leave, in accordance with the Colorado Healthy Families and Workplaces Act
• Parental Leave
• Holidays
• Sales expense reimbursement, subject to company policy and IRS/Colorado guidelines
• Option A: Technology stipend for [Specific Equipment, e.g., phone, laptop]

Non-Competition, Non-Solicitation, and Non-Disclosure

The Employee agrees to the following, subject to Colorado law:

Non-Competition: During employment and for [Number] months after termination, the Employee will not engage in any business activity that is directly competitive with the Employer within [Geographic Area], but only if the Employee meets the definition of a "highly compensated worker" under Colorado law at the time of termination or if the non-competition agreement is necessary to protect the Employer's trade secrets.

Non-Solicitation: During employment and for [Number] months after termination, the Employee will not solicit the Employer’s customers or employees.

Non-Disclosure: The Employee will maintain the confidentiality of the Employer’s confidential information, including customer lists, pricing data, and trade secrets, both during and after employment.

Ownership of Customer Lists and Data

All customer lists, pricing data, strategies, and marketing materials created or accessed by the Employee during employment are the sole property of the Employer.

Compliance with Policies

The Employee will comply with all of the Employer’s policies, including anti-harassment, anti-discrimination, equal employment, and workplace diversity/inclusion policies. The Employee must also comply with Colorado’s pay equity laws.

Commission Disputes

Any commission disputes will be handled according to the following procedure: [Dispute Resolution Procedure]. The Employee has the right to file a complaint with the Colorado Department of Labor & Employment.

Training

The Employee will participate in mandatory training on topics such as anti-bribery, fair competition, legal compliance, and product knowledge.

Occupational Safety

The Employee is responsible for reporting workplace injuries or safety concerns and is covered under Colorado workers’ compensation laws.

Return of Company Property

Upon termination, the Employee will return all company property and cease access to the Employer’s CRM, databases, and communication systems.

Recordkeeping

The Employee will maintain accurate records of sales activities, mileage logs, and expense reports.

Use of Customer Data and Privacy

The Employee will comply with all applicable data privacy laws, including the Colorado Privacy Act, when using customer data for sales outreach.

Client Complaints and Regulatory Inquiries

The Employee will follow the Employer’s procedures for handling client complaints and regulatory inquiries.

Team Sales Meetings and Events

The Employee is expected to participate in team sales meetings, training sessions, and other company events.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County], Colorado. The parties agree to attempt to resolve any disputes through negotiation and mediation before resorting to litigation.

Probationary Period

Option A: The Employee will serve a probationary period of [Number] days.

Option B: This agreement is subject to a trial period of [Number] months, during which the Employer reserves the right to change the agreed compensation package.

During the probationary period, the Employer reserves the right to terminate the Employee's employment with less notice.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Legal Name]

Signature: ____________________________

Date: ____________________________