Maine sales representative employment contract template

Maine Sales Representative Employment Contract

This Maine Sales Representative Employment Contract (the "Agreement") is made and effective as of [Date of Execution], by and between [Legal Business Name of Employer], a [State of Incorporation] corporation with a principal place of business at [Maine Address of Employer] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

Employment

• Option A: Employer hereby employs Employee as a full-time Sales Representative, and Employee hereby accepts such employment.
• Option B: The Employee shall initially serve a probationary period of [Number] days, during which time the Employer will evaluate the Employee’s performance.

Responsibilities

• Developing and maintaining client relationships within assigned sales territories in Maine, specifically [List Maine Counties/Regions].
• Conducting in-person and remote sales meetings.
• Generating and qualifying leads.
• Meeting defined sales quotas and KPIs as outlined in Exhibit A.
• Providing product or service demonstrations.
• Preparing tailored proposals and contracts.
• Negotiating terms within Employer guidelines.
• Ensuring compliance with industry-specific and Maine state sales regulations.
• Attending mandated training sessions.
• Submitting detailed sales activity reports.
• Maintaining accurate CRM records.
• Representing the Employer at Maine trade shows or industry events.
• Periodic travel within and outside Maine (if applicable).

Authority Limits

• Pricing Discretion: Option A: Employee has discretion to adjust pricing up to [Percentage]% within pre-approved ranges. Option B: All pricing decisions must be approved by [Manager Name].
• Approval Levels for Discounts: Discounts exceeding [Percentage]% require approval from [Manager Name].
• Compliance with Maine's Unfair Trade Practices Act is required.

Reporting Structure

• Direct Supervisor: [Supervisor Name], [Supervisor Title].
• Escalation Process: Issues should be escalated to [Manager Name], [Manager Title].
• Team Collaboration: Employee is expected to collaborate with [Team/Department].
• Communication Expectations: Daily/Weekly reporting as specified by [Manager Name].

Work Location and Equipment

• Primary Work Location: [Maine Address] or remote location in [Maine City/Town] if authorized.
• Remote Work Provisions: Must maintain minimum internet connectivity of [Speed] Mbps.
• Employer Responsibility: Employer will provide a laptop and phone.
• Mileage Reimbursement: Reimbursed at the current IRS rate, adhering to Maine policy.

Work Hours

• Full-Time: 40 hours per week.
• Schedule: [Start Time] to [End Time], Monday through Friday.
• Flexibility: Acknowledging flexibility is required for field sales in accordance with Maine wage and hour laws, including meal and rest breaks. Overtime at 1.5x for hours exceeding 40.

Compensation

• Base Salary: [Dollar Amount] per year, paid [Frequency, e.g., bi-weekly].
• Commission Structure: See Exhibit A for detailed commission structure, including definitions of "closed sales," payment timing, protected accounts, claw-back terms, and "house" account allocations.
• Bonus Eligibility: Eligible for bonuses as outlined in Exhibit B.
• Commission Payment Cycle: Commissions paid [Frequency, e.g., monthly], consistent with Maine law (26 M.R.S.A. §626).
• Expense Reimbursement: Reimbursed for travel, lodging, meals, and client entertainment consistent with Employer policy and Maine employment law.

Benefits

• Health Insurance: Eligible to participate in Employer-sponsored health insurance plan.
• Dental Insurance: Eligible to participate in Employer-sponsored dental insurance plan.
• Vision Insurance: Eligible to participate in Employer-sponsored vision insurance plan.
• 401(k) or Maine-Compliant Retirement Plan: Eligible to participate in Employer's 401(k) plan after [Number] months of employment.
• Paid Vacation: [Number] days per year, accruing according to Employer policy.
• Sick Leave: [Number] days per year, complying with Maine Earned Paid Leave Act.
• Statutory Holidays: Observed according to Employer policy.
• Mileage Reimbursement: Reimbursed at the current IRS rate.
• Professional Development: May be eligible for professional development reimbursement.

At-Will Employment and Termination

• At-Will Status: Employment is at-will, meaning either party may terminate the employment relationship at any time, with or without cause, subject to applicable Maine law.
• Voluntary Resignation: Employee is expected to provide [Number] weeks' written notice.
• Employer-Initiated Dismissal: Employer may terminate employment for cause (including non-performance or gross misconduct) or without cause.
• Final Wage/Commission Payment: All wages and commissions will be paid in accordance with 26 M.R.S.A. §626.
• Severance: Option A: No severance provided. Option B: Severance may be provided at Employer's discretion.
• Return of Property: Employee must return all Employer property upon termination.

Maine Compliance

• Wage Deductions and Withholdings: Comply with all applicable Maine wage deduction and withholding laws.
• Workers' Compensation: Employee is covered by Employer's workers' compensation insurance.
• Unemployment Insurance: Employer contributes to Maine's unemployment insurance program.
• Right to Review Personnel Records: Employee has the right to review their personnel records under 26 M.R.S.A. §§ 631-636.

Anti-Discrimination and Harassment

• Compliance: Employer complies with the Maine Human Rights Act and prohibits discrimination based on race, color, age (18+), religion, sex, sexual orientation, gender identity, disability, genetic information, or national origin.
• Reporting: Employees should report any instances of discrimination or harassment to [HR Contact].

Intellectual Property and Confidential Information

• Ownership: All customer lists, sales materials, and other proprietary materials are the property of the Employer.
• Trade Secret Protection: Protected under Maine law.
• Confidentiality: Employee must maintain confidentiality of Employer's confidential information.
• Data Handling: Compliance with et seq. (Title 10, Chapter 210-B, Maine Data Act if applicable).

Restrictive Covenants

• Non-Competition: Non-competition agreements for sales representatives are unenforceable in Maine unless wages exceed designated annual thresholds, which must be disclosed prior to offer as required by Maine's law on noncompetes (26 M.R.S.A. §599-A).
• Non-Solicitation: Employee agrees not to solicit Employer's customers for [Number] years following termination within [Geographic Area].
• Non-Disclosure: Employee agrees to maintain the confidentiality of Employer's trade secrets and confidential information.

Behavior, Ethics, and Compliance

• Prohibition: Bribery, kickbacks, and false representation are strictly prohibited.
• Code of Conduct: Employee must adhere to Employer's Code of Conduct.
• Reporting: Employees must report any suspected violations.

Training and Licensing/Certification

• Mandatory Training: Employee must complete all required training.
• Licensing/Certification: Employee is responsible for obtaining and maintaining any required licenses or certifications.

Dispute Resolution

• Negotiation: Parties will attempt to resolve any disputes through informal negotiation.
• Mediation/Arbitration: Option A: Disputes will be resolved through mediation in [Maine County]. Option B: Disputes will be resolved through binding arbitration in [Maine County].
• Governing Law: This Agreement shall be governed by the laws of the State of Maine.

Workplace Safety

• Compliance: Employer complies with Maine workplace safety statutes.

Optional Clauses

• Sales Contests: Employee may participate in sales contests as determined by Employer.
• Marketing Campaigns: Employee may be involved in Maine-based marketing campaigns.
• Remote Sales Technology: Employee agrees to use remote sales technology as directed by Employer.
• Asset Tracking: Employer may track Employer-issued devices.
• Personal Vehicle Insurance: Employee must maintain minimum personal vehicle insurance for work travel within Maine.

Amendment

• Adjustments: Employer may adjust benefits and policies to comply with new Maine statutes or changes in company policy.

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

[Legal Business Name of Employer]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Name]

Signature: ____________________________