This Non-Disclosure Agreement For Salesperson is essential for companies operating in Malaysia who need to protect their confidential information while engaging sales professionals. The document is particularly crucial as salespeople typically have access to sensitive business information including customer lists, pricing strategies, sales techniques, and market plans. It ensures compliance with Malaysian legal requirements while providing robust protection for company interests. The agreement should be implemented at the start of employment or when a salesperson gains access to confidential information, and includes specific provisions for handling sensitive data during and after employment. Suitable for both large corporations and SMEs, it can be customized based on the specific nature of the sales role and industry requirements.
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1. Parties: Identifies the employer company and the salesperson, including their full legal names and addresses
2. Background: Explains the context of the agreement, including the salesperson's role and the need for confidentiality
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Customer Information', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the sales context
5. Obligations of Confidentiality: Core confidentiality obligations including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination
8. Duration of Obligations: Period during which confidentiality obligations remain in force
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Prevents the salesperson from soliciting customers or employees, included when there's significant customer relationship risk
2. Post-Employment Obligations: Additional obligations after employment ends, used when there's high risk of competitive harm
3. Third Party Information: Handling of confidential information belonging to customers or business partners, included when salesperson has access to such information
4. Social Media Usage: Guidelines for social media conduct, included when salesperson represents company on social platforms
5. Territory Restrictions: Geographical limitations on confidentiality obligations, used for salespeople covering specific regions
6. Intellectual Property Rights: Protection of company IP, included when salesperson involved in product development or marketing
7. Commission Information Confidentiality: Specific provisions about commission structures and pricing, used when salesperson has access to sensitive compensation data
1. Schedule 1 - Specific Confidential Information: Detailed list of types of confidential information specific to the sales role
2. Schedule 2 - Security Procedures: Specific procedures for handling and protecting confidential information
3. Schedule 3 - Customer Lists: Lists of customers considered confidential, if applicable
4. Schedule 4 - Product Information: Specific product details and pricing structures considered confidential
5. Appendix A - Acknowledgment Form: Form for salesperson to sign acknowledging receipt and understanding of confidential information
6. Appendix B - Exit Procedures: Procedures to be followed when employment ends regarding confidential information
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