A New York Sales Representative Agreement for a manufacturer of computer hardware and software is a legally binding contract that outlines the terms and conditions of a sales representative's tasks and responsibilities. This type of agreement is specific to the state of New York and is designed to protect the rights and interests of both the manufacturer and the sales representative. It establishes a formal relationship between the manufacturer and the sales representative by detailing the nature of their association and the expectations both parties have of each other. The New York Sales Representative Agreement for a manufacturer of computer hardware and software typically includes clauses related to the following: 1. Scope of work: This section outlines the specific tasks and responsibilities of the sales representative. It may include responsibilities such as promoting and selling the manufacturer's computer hardware and software products, attending trade shows and conferences, providing post-sales support, and maintaining accurate sales records. 2. Territories and exclusivity: The agreement may define the territories in which the sales representative has the authority to sell the manufacturer's products. It may also include exclusivity clauses, specifying whether the sales representative has exclusive rights to sell the products within a particular geographical area. 3. Commission structure and payment terms: This section of the agreement outlines the commission structure, including the percentage or amount of commission the sales representative will receive for each successful sale. It also details the payment terms, such as the frequency of payments and any additional incentives or bonuses. 4. Intellectual property: As computer hardware and software can involve intellectual property rights, the agreement may contain provisions regarding the protection and licensing of the manufacturer's intellectual property. It may restrict the sales representative from using, reproducing, or selling the manufacturer's products without proper authorization. 5. Non-disclosure and non-compete: To safeguard the manufacturer's proprietary information, the agreement may include non-disclosure and non-compete clauses. The non-disclosure clause ensures that the sales representative keeps all confidential information learned during their engagement confidential. The non-compete clause may prevent the sales representative from working with competing computer hardware and software manufacturers during or after the term of the agreement. 6. Termination and dispute resolution: This section covers the conditions under which either party can terminate the agreement. It may include provisions for notice periods, conditions that trigger termination, and the responsibilities of both parties upon termination. Additionally, it may outline the preferred method of dispute resolution, such as mediation, arbitration, or litigation in New York courts. Different types of New York Sales Representative Agreements for manufacturers of computer hardware and software can vary depending on the specific needs and requirements of the parties involved. Some agreements may contain additional provisions related to marketing support from the manufacturer, warranty and return policies, or performance expectations. It is important for both the manufacturer and sales representative to carefully review and negotiate the terms of the agreement to ensure a fair and mutually beneficial business relationship.