Kansas sales representative employment contract template

Kansas Sales Representative Employment Agreement

This Kansas Sales Representative Employment Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Company Name], a [State of Incorporation] corporation with its principal place of business at [Company Address] ("Company"), and [Sales Representative Name], residing at [Sales Representative Address] ("Sales Representative").

1. Employment

Option A: The Company hereby employs Sales Representative, and Sales Representative hereby accepts employment with the Company, as a full-time Sales Representative.

Option B: The Company agrees to employ Sales Representative, and Sales Representative agrees to work for the Company, on a full-time basis as a Sales Representative, subject to the terms and conditions set forth herein.

2. Job Duties

The Sales Representative shall perform the following duties:

• Prospecting and acquiring new clients in the assigned territory.
• Account management of existing clients.
• Product or service presentations.
• Preparing and following up on sales quotes/proposals.
• Negotiating and closing sales.
• Meeting or exceeding sales quotas.
• Regular client visits within the assigned Kansas sales territory.
• Participation in trade shows.
• Maintaining CRM data.
• Providing detailed sales reports to management.
• Following up on customer inquiries.
• Handling customer complaints.
• Collecting payments as required by company policy.

The Sales Representative shall also perform such other duties as may reasonably be assigned by the Company from time to time.

3. Skills & Sales Tools

Required skills:

• Communication
• Negotiation
• Knowledge of products/services/markets relevant to the Kansas area
• Customer service
• Technical aptitude (as applicable)

Sales Tools:

• CRM: [CRM System]
• Phone: Company-provided or Personal
• Vehicle: Company-provided or Personal
• Company Email

4. Reporting Lines & Collaboration

The Sales Representative shall report directly to [Reporting Manager Title].

The Sales Representative will collaborate with the [Marketing Department/Customer Service Department/Other Departments] as needed to support sales efforts.

5. Work Location & Territory

The primary work location is [Company Office Address/Home Office].

Assigned Kansas territory: [List of Counties/Cities].

Travel Requirements: [Percentage]% travel within Kansas and [Percentage]% outside of Kansas.

6. Travel & Business Expenses

The Company shall reimburse the Sales Representative for all reasonable and necessary travel and business expenses incurred in connection with the performance of their duties, in accordance with Company policy and Kansas Department of Labor guidance.

Vehicle Use:

• Option A: Company provides a vehicle.
• Option B: Mileage reimbursement at the current IRS rate.

7. Work Schedule

Full-time work schedule: [Days of the Week], [Start Time] to [End Time] per day.

Rest/Meal Breaks: The Sales Representative is entitled to rest and meal breaks in accordance with federal and Kansas law (FLSA).

Overtime: [Overtime policy - specify if overtime is anticipated and how it will be compensated, or explicitly state that the position is exempt from overtime].

Time Recording: The Sales Representative will record work time using [Time Recording Method].

8. Compensation

Base Salary: The Sales Representative shall receive a fixed base salary of [Dollar Amount] per [Pay Period].

Commission:

• Commission Rate: [Percentage]% of [Qualifying Sales Definition].
• Clawback Provision: [State clawback policy for cancellations/chargebacks].
• Draw: [Specify draw against commission terms, if any].
• Payment Timing: Commissions will be paid [Frequency of Payment] in accordance with Kansas Prompt Payment Law.
• "Earned" Definition: A commission is considered "earned" when [Define when a commission is considered earned]

Payment Method: [Payroll/Direct Deposit].

Bonuses: [Describe any performance-based, sales contest, or seasonal incentive bonuses].

9. Benefits

Mandatory Coverage: FICA/Medicare, Unemployment Insurance, Workers' Compensation as required by Kansas law.

Health Insurance: [Specify health insurance offerings]

Dental Insurance: [Specify dental insurance offerings]

Vision Insurance: [Specify vision insurance offerings]

401(k): [Specify 401(k) or similar retirement plan details]

Paid Time Off (PTO): [Number] days per year.

Vacation: [Number] days per year.

Sick Leave: [Number] days per year.

Kansas/Federal Holidays: [List of holidays].

Expense Reimbursement: Travel and phone expense reimbursement per Kansas law and Company policy.

Employee Assistance Programs/Training: [Describe any employee assistance programs or training opportunities].

10. Company Property

The Company will provide the following tools and equipment: [List of items: mobile phone, laptop, presentation materials, sales samples, etc.].

The Sales Representative is responsible for safeguarding all Company property and returning it upon termination of employment.

11. Confidentiality

The Sales Representative agrees to maintain the confidentiality of all customer data, pricing models, sales strategies, internal lists, and other proprietary business information of the Company.

This obligation of confidentiality shall survive the termination of this Agreement.

12. Intellectual Property

Option A: All intellectual property developed by the Sales Representative during the course of employment shall be owned by the Company.

Option B: [Specify terms related to intellectual property ownership if different from Option A]

13. Restrictive Covenants (Kansas-Specific)

Non-Solicitation: The Sales Representative agrees not to solicit customers or employees of the Company for a period of [Number] months following termination of employment within [Geographic Area].

Non-Compete: The Sales Representative agrees not to engage in any business activity that competes with the Company for a period of [Number] months following termination of employment within [Geographic Area], limited to protecting legitimate business interests and not greater than necessary, consistent with Kansas law.

Compliance with Kansas Law: These restrictive covenants are intended to be enforceable only to the extent permitted by Kansas law and are reasonable in scope, duration, and geography.

14. Outside Employment

The Sales Representative shall not engage in any outside employment or business activity that conflicts with the interests of the Company without prior written approval.

15. Code of Conduct

The Sales Representative shall adhere to the Company's code of conduct, including business ethics, anti-bribery/corruption policies, compliance with the Kansas Deceptive Trade Practices Act, and prohibition on false or misleading sales practices.

16. Anti-Harassment & Non-Discrimination

The Company is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex, national origin, disability, age, or any other characteristic protected by the Kansas Act Against Discrimination and federal Title VII.

17. Mandatory Training

The Sales Representative is required to complete the following training programs: [List of training programs: compliance, product, sales technique, reporting procedures].

18. Employment At-Will

The Sales Representative's employment is at-will, meaning that either the Sales Representative or the Company may terminate the employment relationship at any time, for any legal reason, with or without cause, as recognized under Kansas law.

Final Paycheck: Upon termination, the Sales Representative will receive their final paycheck on the next regular payday, in accordance with the Kansas Wage Payment Act.

Notice Period: [Specify any required notice period for resignation].

Return of Property: The Sales Representative shall return all Company property upon termination.

19. Termination

Voluntary Resignation: [Describe procedure for voluntary resignation].

Involuntary Termination: [Define terms for involuntary termination, for cause/without cause].

Layoff: [Describe layoff process].

Severance: [Describe any severance policy].

20. Dispute Resolution

The Company and Sales Representative agree to attempt to resolve any disputes through internal grievance procedures and mediation before resorting to arbitration or litigation.

Any legal action arising out of or relating to this Agreement shall be brought in the state courts of Kansas, and Kansas law shall govern the interpretation and enforcement of this Agreement.

21. Compliance with Laws

The Company shall comply with all applicable Kansas wage payment, tax withholding, workers' compensation, unemployment insurance, occupational safety/health, and fair labor standards laws applicable to sales representatives.

22. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

23. No Oral Modifications

This Agreement may not be modified or amended except in writing signed by both parties.

24. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

25. Assignment

This Agreement may not be assigned by the Sales Representative without the prior written consent of the Company.

26. Execution

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

27. Acknowledgement

The Sales Representative acknowledges receipt of all Company policies, sales manuals, and required compliance documents.

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

[Company Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Sales Representative Name]

Signature: ____________________________