South Carolina sales representative employment contract template

South Carolina Full-Time Sales Representative Employment Agreement

This South Carolina Full-Time Sales Representative Employment Agreement (the “Agreement”) is made and effective as of [Date of Signing] by and between [Company Legal Entity Name], a [State] corporation with its principal place of business at [Company Address in South Carolina] (“Company”), and [Employee Full Name], residing at [Employee Address], with a phone number of [Employee Phone Number] and email address of [Employee Email Address] (“Employee”).

1. Position and Duties

• The Company hereby employs Employee as a Sales Representative.
• Employee's primary responsibilities will include, but are not limited to:
  • Direct sales of [Specify Products/Services] in the South Carolina market.
  • Prospecting and qualifying leads within South Carolina.
  • Customer relationship development and management.
  • Negotiating and closing sales transactions.
  • Post-sale account follow-up.
  • Attending trade shows and industry events in South Carolina and assigned territory.
  • Reporting sales pipeline status and metrics.
  • Inputting data into Company's CRM or sales management systems.
  • Achieving sales targets set specifically for the South Carolina market or designated region.

2. Territory

• Option A: Employee's sales territory shall be [Specific Geographic Area within South Carolina].
• Option B: Employee's sales territory shall be the entire state of South Carolina.

• Option A: The territory is exclusive to the Employee.
• Option B: The territory is non-exclusive.

• Assigned Accounts: Employee will be assigned the following accounts: [List of Assigned Accounts].

• Restrictions: Employee is prohibited from selling outside of the authorized territory, which is [Describe boundaries].

3. Compliance

• Required Licenses/Certifications: Employee must possess and maintain the following licenses/certifications: [List of Licenses/Certifications, e.g., SLED License].
• Employee shall comply with all industry-specific and state-level regulatory requirements, including applicable South Carolina sales practices.

4. Full-Time Status and Work Schedule

• Employee is a full-time employee.
• Standard Work Week: 40 hours per week.
• Assigned Work Schedule: [Specify Days and Hours of Work].
• Option A: Flexible scheduling is permitted, subject to management approval.
• Option B: Flexible scheduling is not permitted.
• After-Hours Expectations: Employee may be required to attend sales events outside of normal business hours.
• Employee is responsible for accurate recordkeeping of working hours.

5. Work Location

• Option A: Primary work location is the Company's office at [Company Address in South Carolina].
• Option B: Primary work location is remote.
  • Company will provide the following equipment: [List of Equipment].
  • Employee is responsible for maintaining a secure internet connection.
  • Employee must adhere to Company's data security policies.
• Option C: Primary work location is hybrid.
• Option D: Primary work location is in-field.

6. Compensation

• Base Salary: [Annual Salary Amount] per year, paid [Payment Frequency, e.g., bi-weekly].
• Payroll Method: [Check or Direct Deposit].
• Overtime: [Specify if Employee is Exempt or Non-Exempt. If non-exempt, describe overtime pay calculation according to South Carolina law.]
• Commissions:
  • Commission Rate: [Commission Rate or Formula].
  • Eligible Transactions: [Describe transactions eligible for commission].
  • Chargeback/Clawback Scenarios: [Describe conditions for commission chargebacks or clawbacks].
  • Commission Timeline: [Specify when commissions are earned and payable, e.g., upon sale, invoice, client payment].
• Bonuses:
  • Bonus Structure: [Describe any performance bonus structures, e.g., annual, quarterly].
  • Bonus Amount: [Specify Bonus Amount or Formula].
• Option A: Draws Against Commission: Employee will receive a draw of [Draw Amount] per [Pay Period].
  • Recoupment Process: [Describe recoupment process].
• Option B: No draws against commission will be given.

7. Benefits

• Eligibility for health, dental, and vision insurance as per company policy.
• Eligibility for state and federal statutory leave (e.g., FMLA, SC Pregnancy Accommodations Act).
• Paid Time Off: [Number] days per year.
• Sick Leave: [Number] days per year.
• Holidays: [List of Holidays Observed].
• Retirement: Eligibility for 401(k) after [Waiting Period] with a company match of [Matching Details].

8. Expenses

• Reimbursement of reasonable business expenses in accordance with Company policy and IRS standards.
• Required documentation procedures: [Describe documentation requirements].
• Processing timelines for expense reimbursement: [Specify processing timeline].
• Company Vehicle:
  • Option A: Company will provide a vehicle for business use.
  • Option B: Employee will use their personal vehicle and be reimbursed for mileage at the current IRS rate, plus tolls and parking expenses.

9. Company Property

• The following sales-specific tools, equipment, and technology will be provided: [List of Items].
• All Company property must be returned upon termination of employment.

10. Compliance with Laws and Policies

• Employee shall comply with all applicable federal, state, and municipal laws and Company policies.
• Compliance with South Carolina statutes for lawful sales activity, anti-bribery, and anti-kickback policies is required.
• Adherence to anti-fraud and ethical sales behavior is mandatory, including prohibitions against misrepresentation and the protection of customer data.

11. Intellectual Property and Confidentiality

• All sales materials, customer lists, pipeline data, and documentation generated during employment are the property of the Company.
• Employee shall maintain strict confidentiality regarding Company’s client/customer data, pricing models, marketing strategies, and trade secrets.
• This obligation of confidentiality survives termination of employment and is governed by the South Carolina Uniform Trade Secrets Act.

12. Restrictive Covenants

• Non-Compete: Employee agrees not to engage in any business that competes with the Company within [Specific Geographic Area within South Carolina] for a period of [Duration] after termination of employment.
• Non-Solicitation: Employee agrees not to solicit Company's customers or employees for a period of [Duration] after termination of employment.

13. Anti-Discrimination and Harassment

• The Company is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, disability, genetic information or other characteristics protected by Title VII, SC Human Affairs Law, and local ordinances.
• Employee shall adhere to Company’s anti-harassment policy.

14. Termination

• South Carolina is an at-will employment state.
• Grounds for immediate termination include gross misconduct, violation of compliance standards, or breach of confidentiality.
• Voluntary resignation requires [Number] weeks’ notice.
• Option A: Severance policy: [Describe any severance policy].
• Option B: There will be no severance policy.
• Final wage and commission payment will be made within [Specify Timeframe based on SC law - generally within 48 hours or on next regularly scheduled payday] of termination.
• All Company property must be returned upon termination.

15. Dispute Resolution

• Option A: Disputes shall be resolved through internal grievance procedures, followed by mediation if necessary.
• Option B: Disputes shall be resolved through arbitration in [City, South Carolina], governed by South Carolina law.

16. Reporting Lines

• Employee will report to [Name or Title of Direct Manager].
• Expectations include regular pipeline review, territory reporting, and sales presentations as requested.

17. Safety and Wellness

• Employee shall adhere to all South Carolina worker safety and transportation rules relevant to sales representatives.
• Employee shall follow Company’s procedures for incident reporting and workers’ compensation.

18. Acknowledgment

• Employee acknowledges receipt of and agreement to abide by the Company’s employee handbook, sales code of conduct, social media usage policy, and technology use policy.

19. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

20. Severability

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

21. Amendments

• This Agreement may be amended only by a written instrument signed by both parties.

22. No Waiver

• No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

23. Governing Law and Venue

• This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. The exclusive venue for any dispute arising out of or relating to this Agreement shall be the state and federal courts located in [County], South Carolina.

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

____________________________
[Company Legal Entity Name]

By: ____________________________
[Name of Authorized Representative]

Title: [Title of Authorized Representative]

____________________________
[Employee Full Name]