A: If the company is retaining your services as an independent sales rep, you need an agreement that carefully describes the business terms. This includes how the commission is calculated based on sales, payment terms, materials provided to sell the product, training, and territory. It should also contain terms regarding the duration, renewal, and termination of the agreement. More importantly, the agreement should have terms that protect you, such as limitation of liability, indemnification, and disclaimers/no warranty, in case the company tries to hold you responsible if something goes wrong (e.g., if you misrepresent the product or if they produce a defective product). The agreement should clearly describe the responsibilities of both the sales rep and the company.
A: If your company wishes to terminate the agreement, the term and termination section of the agreement will cover certain terms (such as the term period, the right to terminate without cause or for breach). If the agreement covers termination without cause, either party can termination. If the agreement is for a certain term period, it may be challenging if you cannot show breach or material breach. If the influencer did not perform in accordance with the description of services, you may have a right to terminate. There may be other terms throughout the agreement which may be in your favor. Please keep in mind that many agreements favor the party who proposed the agreement. Best to have an attorney review the agreement and give you advice regarding options that may be available.
