What Types of Sales Rep Agreements Are Covered by the Act?
The Act applies to a “sales representative agreement”, which is defined as a contract or agreement, either express or implied, whether oral or written, for a definite or indefinite period, between a sales representative and another person or persons, whereby a sales representative is granted the right to represent, sell, or offer for sale a manufacturer’s, wholesaler’s, assembler’s, or importer’s goods by use of the latter’s trade name, trademark, service mark, logotype, advertising, or other commercial symbol or related characteristics, and in which there exists a community of interest between the parties in the marketing of the goods at wholesale, by lease, agreement, or otherwise. “Wholesale orders” means the solicitation of orders for goods by persons in the distribution chain for ultimate sale at retail. Does the Act Apply to Verbal or “Handshake” Sales Rep Agreements? Yes. As you can see from the above definition, the Act applies to a wide variety of sales representative agreemen
