A Florida Sales Representative Agreement for software developers is a legally binding contract that outlines the terms and conditions between a software developer and a sales representative operating in the state of Florida. This agreement establishes the business relationship and defines the responsibilities, obligations, compensation, and other important provisions for both parties involved. Key terms within this agreement include: 1. Parties: Identifies the software developer (often referred to as the "Company") and the sales representative (referred to as the "Representative"). It includes their legal names, contact details, and addresses. 2. Territory: Specifies the geographical area within Florida where the Representative has the right to sell the software developer's products or services. 3. Products/Services: Clearly defines the software developer's products or services that the Representative will be selling. This section may include descriptions, specifications, and any restrictions on the Representative's sales. 4. Exclusive or Non-Exclusive Agreement: Different types of Florida Sales Representative Agreements exist for software developers. An exclusive agreement grants the Representative sole rights to sell the developer's products/services within the defined territory. In contrast, a non-exclusive agreement allows the developer to engage multiple Representatives to sell their products/services simultaneously. 5. Sales Targets and Performance Expectations: Outlines any sales targets or performance expectations the Representative must meet. This section may include metrics such as sales quotas, revenue targets, or minimum sales volume requirements. 6. Compensation and Commission: Details the commission or compensation structure for the Representative. It may include a percentage of the sales volume, a flat rate per sale, or a combination of both. Terms related to payment frequency, invoicing, and expense reimbursement should also be mentioned. 7. Confidentiality and Non-Disclosure: Includes provisions to protect the software developer's confidential information or trade secrets that the Representative may be exposed to during the course of their work. This section typically covers obligations pertaining to the handling, use, and dissemination of such information. 8. Term and Termination: Establishes the duration of the agreement (e.g., one year, renewable annually) and the conditions under which either party can terminate the agreement. This section may include provisions for termination due to breach, non-performance, or mutual agreement. 9. Intellectual Property: Defines the ownership and licensing of intellectual property rights associated with the software or services being sold. It clarifies whether the Representative has any rights or claims over the developer's intellectual property. 10. Governing Law and Dispute Resolution: Specifies that the agreement shall be governed by the laws of Florida and any disputes shall be resolved through arbitration or in a court located within the state's jurisdiction. Note that there can be variations of Sales Representative Agreements specific to software developers, such as: 1. Referral Agreement: This type of agreement focuses on the Representative referring potential clients to the developer and earning a commission when those referrals result in a sale. 2. Reseller Agreement: This agreement allows the Representative to purchase the software at a wholesale price from the developer and resell it to clients at a retail price. In conclusion, a Florida Sales Representative Agreement for software developers is a comprehensive contract that sets forth the terms between a software developer and a sales representative operating in Florida. It addresses various aspects related to the sales representation, including compensation, obligations, intellectual property, and termination, while adhering to Florida laws and regulations.