Montana sales representative employment contract template

Montana Sales Representative Employment Contract

This Montana Sales Representative Employment Contract ("Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

Employer Phone: [Employer Phone Number]

Employer Email: [Employer Email]

Employee Phone: [Employee Phone Number]

Employee Email: [Employee Email]

1. Employment

* Option A: Employer hereby employs Employee as a full-time Sales Representative.

* Option B: Employer hereby employs Employee as an independent contractor Sales Representative. (Note: Consider legal implications under Montana law before selecting this option.)

2. Job Description

* Employee shall perform the following duties:

* Generating leads and qualifying prospects within the Montana market.

* Cold calling potential clients and scheduling meetings.

* Conducting sales presentations and product demonstrations.

* Managing a designated sales territory within Montana: [Specify Territory].

* Maintaining and growing existing client relationships.

* Regularly traveling within the assigned Montana region.

* Preparing and submitting sales reports as required.

* Participating in trade shows and local industry events in Montana.

* Using CRM software: [Name of CRM] to track sales activities and customer interactions.

* Meeting or exceeding sales targets and quotas: [Specific Targets/Quotas].

* Maintaining compliance with industry-specific sales regulations in Montana (e.g., for pharmaceuticals, real estate, or insurance, if applicable).

3. Reporting Structure

* Employee shall report to:

* Option A: [Manager Name], [Manager Title].

* Option B: Directly to the [Company Position, e.g., CEO].

* Details of communication and reporting expectations: [Describe Communication and Reporting Expectations].

4. Work Location

* Employee's primary work location shall be:

* Option A: [Employer Address]

* Option B: Remote, within the state of Montana.

* Option C: Combination of both: [Specify Details].

* Policies regarding home office setup and use of company vehicles (if applicable): [Specify Policies].

5. Employment Type and Work Hours

* Employee's employment is full-time.

* Employee's standard work hours are [Number] hours per week, generally from [Start Time] to [End Time], Monday through Friday.

* Attendance policies and expectations for field versus office days: [Specify Attendance Policies].

* Break and rest periods will be provided in accordance with Montana state law.

* Option A: Flexible or adjusted hours for travel and client meetings are permitted with prior approval from [Manager Name].

* Option B: Flexible or adjusted hours for travel and client meetings are required.

6. Compensation

* Employee shall receive the following compensation:

* Option A: A base salary of [Dollar Amount] per year, payable [Frequency, e.g., bi-weekly].

* Option B: An hourly wage of [Dollar Amount] per hour.

* Commission:

* Employee shall also be eligible for commissions as follows: [Describe Commission Structure].

* Commission Calculation: [Detailed Commission Calculation Method].

* Commission Payout Timeline: [Specify when commissions are paid, e.g., at close of sale, receipt of payment].

* Draws or Advances on Commissions: [Describe any draws or advances on commissions, including repayment terms].

* Minimum Wage Compliance: If commissions do not meet Montana's minimum wage requirements, Employer will supplement Employee's compensation to meet the minimum wage.

* Bonus Plans and Incentives: [Describe any bonus plans, annual incentives, and recognition programs].

7. Expense Reimbursement

* Employer will reimburse Employee for reasonable and necessary business expenses incurred in performing their duties, including:

* Travel expenses.

* Lodging expenses.

* Meal per diems: [Specify Per Diem Amount].

* Client entertainment expenses.

* Submission procedures and documentation requirements: [Specify Procedures]. Reimbursement will be compliant with Montana’s taxation and employer reimbursement rules.

8. Benefits

* Employee shall be eligible for the following benefits:

* Health insurance: [Describe Health Insurance Plan].

* Dental insurance: [Describe Dental Insurance Plan].

* Vision insurance: [Describe Vision Insurance Plan].

* 401(k) or pension plan: [Describe 401(k) or Pension Plan].

* Paid vacation leave: [Number] days per year.

* Paid sick leave: [Number] days per year.

* Paid holidays observed in Montana: [List Holidays].

* Optional: Vehicle allowance: [Dollar Amount].

* Optional: Phone allowance: [Dollar Amount].

* Optional: Professional development/sales training: [Describe Opportunities].

* Optional: Insurance coverage for travel or business use of personal vehicles: [Describe Coverage].

9. At-Will Employment and Termination

* Employee's employment is at-will, meaning that either Employer or Employee may terminate the employment relationship at any time, with or without cause, subject to the notice requirements below.

* Voluntary Resignation:

* Employee shall provide [Number] days' written notice of resignation.

* Written resignation must be submitted to [Manager Name/Title].

* Employer Termination:

* Employer may terminate Employee's employment with or without cause.

* Employer will comply with Montana requirements for timely payment of final wages and accrued but unpaid commissions.

* Termination of Commission Eligibility: [Specify Conditions for Commission Eligibility Termination].

10. Final Pay

* Employee's final paycheck, including all accrued but unpaid wages and commissions, will be paid in accordance with Montana's pay day laws.

* Procedures for payment of commissions owed at or after termination: [Specify Procedures].

* Handling of chargebacks or returns: [Describe Handling of Chargebacks/Returns].

11. Confidentiality

* Employee acknowledges that they will have access to confidential and proprietary information, including customer lists, pricing strategies, and product details.

* Non-Solicitation: Employee agrees not to solicit Employer's customers for a period of [Number] months after termination of employment within [Specific Montana counties/cities].

* Non-Disclosure: Employee agrees not to disclose any confidential information to any third party.

* Non-Circumvention: Employee agrees not to circumvent Employer's business relationships.

12. Non-Compete (Optional - Must be narrowly tailored to comply with Montana law)

* Employee agrees that during the term of employment and for a period of [Number] months following termination of employment, Employee will not, directly or indirectly, engage in any business that competes with Employer within [Specific Montana counties/cities], limited to [Specific Job functions].

13. Ownership of Work Product

* All sales materials, marketing collateral, company contacts, and customer records are the sole property of Employer. These items must be returned to Employer upon termination of employment.

14. Outside Employment

* Employee shall not engage in any outside sales employment with competitors or start a competing business while employed by Employer, if permitted by Montana law.

15. Compliance with Laws

* Employee shall comply with all applicable federal and Montana state sales statutes and industry-specific licensing requirements.

* Employee shall comply with the Montana Department of Revenue requirements if soliciting taxable goods or services.

16. Anti-Discrimination and Harassment

* Employer is an equal opportunity employer and prohibits discrimination and harassment based on age, race, sex, religion, marital status, physical/mental disability, national origin, genetic information, or any other protected category under the Montana Human Rights Act.

* Complaint/reporting procedures: [Describe Complaint Reporting Procedures].

17. Workers' Compensation

* Employer maintains workers’ compensation insurance as required under Montana law.

* Procedures for reporting work-related injuries: [Describe Reporting Procedures].

* Occupational health and safety obligations applicable to sales employees: [Describe Obligations].

18. Code of Conduct and Ethics

* Employee shall comply with Employer's code of conduct and ethics, including:

* Truthful representations in sales activities.

* Responsible use of expense accounts.

* Reporting of gifts or gratuities from clients.

* Prohibition of bribery or kickbacks.

19. Dispute Resolution

* Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation, mediation, or arbitration.

* This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.

* The exclusive venue for any legal proceedings relating to this Agreement shall be [Specific Montana County] County, Montana.

20. General Provisions

* Modifications to this Agreement must be in writing and signed by both parties.

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

* No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

* This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

* Option A: This Agreement may not be assigned or delegated by Employee without the prior written consent of Employer.

* Option B: This Agreement may be assigned or delegated by Employer.

* Employee acknowledges receipt of this Agreement and opportunity to seek independent legal advice.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

[Employee Signature]

Date: [Date]