Terms & Conditions For Sales Partner
This Sales Partnership Agreement is made and entered into as of Saturday, March 15, 2025 by and between VISTA. A Software house with its principal place of business at Office # 04, Fifth Floor, Gulberg Heights, Gulberg greens – Islamabad,
Scope of Partnership:
This Agreement grants the Sales Partner a non-exclusive right to promote and sell the Company’s products and services within the defined territory. The Sales Partner’s rights under this Agreement are strictly limited to the sales/revenue they generate.
The Sales Partner shall not have any rights or ownership in the Company’s assets, confidential information, or decision-making processes. The partnership is limited to the business generated by the Sales Partner and does not extend beyond this scope.
Sales Targets:
Clause Removed
Eligibility:
Clause Removed
Termination:
The Company reserves the right to terminate this Agreement at any time if the Sales Partner fails to actively work, attend meetings, or provide progress reports on their activities. The Agreement will be considered automatically terminated under such circumstances, and the Company may revoke all access to any software or tools provided to the Sales Partner for personal use. Either party may terminate this Agreement with 15 days’ written notice to the other party for any reason.
Sales Leads Management:
Sales leads provided to the Sales Partner must be actively pursued. If no concrete progress is made on a lead, the Company reserves the right to take back the lead. The Sales Partner is required to provide regular updates to the Company, including clients’ names, addresses, phone numbers, contact details, clients’ needs, and a communication log. Failure to follow up on leads properly may result in the Company withholding future lead assignments from the Sales Partner.
Leads Conversion Requirement:
The Sales Partner is required to convert at least 50% of the leads assigned to them. Failure to meet this conversion rate may result in the reassessment of the partnership or reduction in lead assignments.
Amendments to Terms & Conditions:
The Company reserves the right to amend the terms and conditions of this Agreement at any time without prior notice. The Sales Partner agrees to comply with any such changes.
Commissions and Payments:
The Company shall pay the Sales Partner commissions based on a percentage
of the revenue generated from sales made by the Sales Partner. The
commission structure will be provided by the Company and is subject to change
at any time without prior notice.
Commissions will be paid weekly/monthly on choice of sales partner, following
the receipt of payment from clients.
Confidentiality:
The Sales Partner agrees to keep all company records, offers, data, and
information strictly confidential. Disclosure of any such information to third parties
without prior written consent from the Company will result in the immediate
termination of this Agreement and forfeiture of all pending commissions.
Onsite Work Facility:
The provision of an onsite work facility is at the Company’s sole discretion. The Company reserves the right to reject any application for onsite work or to refuse entry to any individual. The Company also reserves the right to adjust the time and schedule for providing office space or any other onsite resources.
Intellectual Property:
The Sales Partner shall have no rights to the Company’s intellectual property, including trademarks, logos, or any proprietary information. The use of any such intellectual property is strictly limited to the promotion of the Company’s products and services under this Agreement. The Sales Partner agrees not to use the Company’s intellectual property for any purpose other than as permitted under this Agreement.
Compliance with Laws:
The Sales Partner shall comply with all applicable laws, regulations, and ordinances in performing their duties under this Agreement. Any illegal or unethical conduct by the Sales Partner will result in immediate termination of this Agreement.
Indemnification:
The Sales Partner agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with the Sales Partner’s performance under this Agreement.
Limitation of Liability:
The Company shall not be liable to the Sales Partner for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data, arising out of this Agreement.
Entire Agreement:
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, discussions, or understandings, whether written or oral, relating to the subject matter herein.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law principles.
Dispute Resolution:
Any disputes arising out of or relating to this Agreement shall be resolved through mediation in , and the decision shall be binding on both parties.
Force Majeure:
Neither party shall be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, or terrorism.
Severability:
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Notices:
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, by email, or by certified mail to the address of the other party.
Independent Contractor:
The Sales Partner is an independent contractor, and nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, or joint venture between the parties.
Assignment:
The Sales Partner may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company.
Waiver:
No waiver of any breach or default shall constitute a waiver of any subsequent breach or default, whether of the same or any other provision.
Counterparts:
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
