New Hampshire sales representative employment contract template
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How New Hampshire sales representative employment contract Differ from Other States
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New Hampshire law mandates prompt payment of commissions upon termination, often with stricter deadlines than other states.
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Termination and commission rights for New Hampshire sales representatives are governed by specific state statutes, enhancing protections.
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New Hampshire imposes civil penalties on employers who fail to pay sales commissions, adding a stronger deterrent absent in some states.
Frequently Asked Questions (FAQ)
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Q: Are written sales representative contracts required in New Hampshire?
A: Written contracts are advisable but not always legally required. However, written agreements clarify terms and protect both parties’ interests.
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Q: How soon must commissions be paid after contract termination in New Hampshire?
A: Commissions must typically be paid within 45 days after contract termination or according to the payment terms in the contract.
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Q: What happens if an employer fails to pay commissions under New Hampshire law?
A: Employers may face civil penalties, including compensatory damages and attorney’s fees, for failing to pay earned commissions as required.
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New Hampshire Sales Representative Employment Contract
This Full-Time Sales Representative Employment Contract (the "Agreement") is made and effective as of [Date] by and between [Company Legal Name], a [State] corporation with its principal place of business at [Company Address] ("Employer"), and [Sales Representative Legal Name], residing at [Sales Representative Address] ("Sales Representative").
1. Employment
- Option A: The Employer hereby employs the Sales Representative as a Full-time Sales Representative.
- Option B: The Employer agrees to employ the Sales Representative, and the Sales Representative agrees to be employed by the Employer, upon the terms and conditions hereinafter set forth.
- Option C: This is an at-will employment agreement. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
- The Sales Representative's primary work location will be [City, NH], but may require travel throughout New Hampshire and surrounding states.
2. Job Duties
- The Sales Representative shall perform the following duties:
- Actively solicit new business and develop leads within the assigned territory of [Territory Description].
- Manage the sales pipeline and convert leads into sales.
- Call prospective clients and conduct in-person and virtual sales presentations.
- Provide product information and prepare sales quotes.
- Prepare and negotiate sales contracts with customers on the Employer’s behalf.
- Achieve sales quotas as determined by the Employer.
- Maintain customer data in the Employer's CRM system ([CRM System Name]).
- Prepare regular activity and performance reports for the Sales Manager.
- Attend required sales meetings and training sessions.
- Represent the Employer at trade shows and events.
- Other duties as assigned.
- The Sales Representative must possess excellent sales skills and a thorough knowledge of the [Product/Industry] industry.
- The Sales Representative will be required to travel within New Hampshire using [Personal/Company Vehicle].
3. Employment Classification and Hours
- The Sales Representative's employment classification is Full-time.
- Option A: The Sales Representative will work approximately 40 hours per week.
- Option B: The normal working hours are from [Start Time] to [End Time], Monday through Friday.
- The Sales Representative is expected to be available outside normal hours for client communication as reasonably required.
- Overtime: As an exempt outside sales employee, the Sales Representative is not eligible for overtime pay under New Hampshire law.
- The Sales Representative is entitled to a [Duration] minute meal break after [Number] consecutive hours of work.
- The Employer maintains a flexible schedule/time off policy as outlined in the Employee Handbook.
4. Compensation and Benefits
- The Sales Representative shall receive the following compensation:
- Base Salary: [Dollar Amount] per year, payable [Weekly/Bi-weekly].
- Commission: A commission of [Percentage]% of net sales, calculated as follows: [Detailed Commission Calculation].
- Targets: Sales Representative must meet a quarterly target of [Dollar Amount].
- Commission payment schedule: Commissions will be paid [Payment Schedule, e.g., monthly, quarterly].
- Clawback/Chargeback Policy: In the event of cancelled or returned sales, commissions may be subject to clawback or chargeback as follows: [Detailed Clawback/Chargeback Policy].
- Commission Payment Upon Termination: All earned and unpaid commissions will be paid in accordance with NH RSA 275:44.
- The Employer's commission policy is in writing and has been provided to the Sales Representative.
- The Sales Representative will be paid [Weekly/Bi-weekly] via [Payment Method, e.g., direct deposit].
- Benefits: The Sales Representative shall be eligible for the following benefits:
- Health Insurance
- Dental Insurance
- Vision Insurance
- Life Insurance
- Long-term Disability Insurance
- Employer-sponsored retirement plan (401(k))
- Paid Holidays (as recognized in New Hampshire)
- Paid Sick and Vacation Leave (following company and state policy)
- Vehicle/Mileage Reimbursement ([Rate] per mile)
- Mobile Phone Stipend: [Dollar Amount] per month
- Training and professional development funding: [Dollar Amount] per year.
5. Expenses
The Employer will reimburse the Sales Representative for reasonable and necessary business expenses incurred in connection with their employment, provided that such expenses are properly documented and submitted in a timely manner in accordance with company policy.
6. Confidentiality
- The Sales Representative acknowledges that they will have access to confidential information of the Employer, including customer lists, sales strategies, pricing information, marketing plans, and proprietary product information.
- The Sales Representative agrees to hold such information in strict confidence and not to disclose it to any third party during or after their employment with the Employer.
- This confidentiality obligation shall survive the termination of this Agreement for a period of [Number] years.
7. Intellectual Property
- All customer data, lead information, sales materials, and any other materials or content generated by the Sales Representative in the course of their employment shall be the sole and exclusive property of the Employer.
- The Sales Representative agrees that all such materials shall be considered "work for hire."
8. Trade Secrets
- The Sales Representative acknowledges that the Employer possesses valuable trade secrets, as defined by the New Hampshire Uniform Trade Secrets Act.
- The Sales Representative agrees not to use or disclose any trade secrets of the Employer during or after their employment, except as authorized by the Employer in writing.
9. Conduct
- The Sales Representative shall comply with the Employer's code of conduct.
- The Sales Representative shall engage in respectful and legal interaction with all customers.
- The Sales Representative shall adhere to all anti-bribery, anti-kickback, and anti-corruption policies.
- The Sales Representative shall fully cooperate with internal compliance controls.
- The Sales Representative shall regularly report sales activity to their designated manager.
- The Sales Representative shall participate in annual sales compliance training.
10. Non-Solicitation
During the term of this Agreement and for a period of [Number] years following its termination, the Sales Representative shall not directly or indirectly solicit any of the Employer's customers for the purpose of engaging in a business that competes with the Employer. This restriction applies only to those customers with whom the Sales Representative had direct contact during their employment.
11. Termination
- Option A: This is an at-will employment agreement. The Employer may terminate the Sales Representative's employment at any time, with or without cause.
- Option B: This agreement may be terminated by either party with [Number] days written notice.
- The Employer may terminate the Sales Representative's employment immediately for cause, including but not limited to underperformance, misconduct, or redundancy.
- Upon termination, the Sales Representative shall immediately return all company property, including laptops, phones, customer information, and marketing materials.
- The Sales Representative shall surrender access to the Employer's CRM and sales management systems.
12. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiation. If negotiation fails, the parties agree to submit the dispute to mediation in accordance with the rules of the [Mediator Organization], with the mediation taking place in [City, NH]. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire. Any litigation or arbitration shall take place in New Hampshire. Both parties waive trial by jury to the extent enforceable.
13. Anti-Discrimination
The Employer is an equal opportunity employer and does not discriminate on the basis of age, sex, marital status, sexual orientation, gender identity, race, religion, disability, veteran status, or pregnancy, as protected by New Hampshire Revised Statutes (RSA 354-A).
14. Workers' Compensation
The Sales Representative is covered by the Employer's workers' compensation insurance, in accordance with the New Hampshire Workers' Compensation Act.
15. Industry-Specific Requirements
- Option A: As a sales representative in the [Industry] industry, the Sales Representative is required to obtain and maintain a valid [License] license from the State of New Hampshire.
- Option B: The Sales Representative agrees to comply with all applicable client data privacy obligations.
16. Conflicts of Interest
The Sales Representative shall avoid conflicts of interest and shall promptly disclose to the Employer any potential conflicts of interest.
17. Modification
The Employer reserves the right to modify commission plans or benefits with written notice to the Sales Representative. Any amendments to this Agreement must be in writing and signed by both parties.
18. 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.
19. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Assignment
This Agreement may not be assigned by the Sales Representative without the prior written consent of the Employer.
21. Acknowledgement
The Sales Representative acknowledges that they have received and had an opportunity to review and ask questions about this Agreement and any accompanying policies or commission schedules.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
_______________________________
[Company Legal Name]
By: [Authorized Representative Name]
Title: [Title]
_______________________________
[Sales Representative Legal Name]