Telecom agents are independent salespeople who do the decisive work to connect customers to the services they are looking for. Agents can be directly related to a service provider or be sub-agents of a master agent. In any transaction with agents or master agents, it is essential to have qualified legal representation at your side. Here too, many other reflections come into play. One of them is the lack of reciprocity. A carrier-template contract often makes them cancellable at will by the carrier without financial penalty, but not by the agent. Of course, this lack of equality or reciprocity should not be accepted. An agent should also insist that he can “prevent and remedy” an alleged infringement before a carrier can either sanction the agent and/or terminate the contract. An important goal for every agent is an “Evergreen” clause, which provides for continuous and current commissions after a contract is terminated. Evergreen rules are often difficult to obtain and can be structured in different ways; some are open and virtually permanent, while others are more limited in duration. Nevertheless, the deal is strong for an agent who is looking for some kind of Evergreen payment, since the agent created the customer.
Whether an Evergreen clause will be included in an agreement is generally a function of the agent`s “bargaining power”, the carrier`s or master agent`s dominant attitude toward such payments, and the agent`s lawyer`s creativity in developing an acceptable evergreen agreement. Telarus sales reps can now associate potential customers with Sharpen customer managers, who then manage the sales process, including billing, supply, service, and support. Exclusivity. Carrier/agent contracts typically contain boilerplate exclusivity clauses that require the agent to market services only on behalf of that particular carrier. These clauses severely limit agents` ability to do business and unnecessarily link their assets to those of a single organization. Not surprisingly, such provisions generally do not require the carrier to be exclusive to the agent. Agents should make it their mission to vigorously oppose the inclusion of exclusivity rules that would limit their flexibility to sell to other airlines. Whether it`s a relationship between an agent and a service provider, an agent and a client or an agent and a supervisor, you want to defend a solid agreement with your best interests. A lawyer who understands these transactions and all the details related to them is best placed to provide it and advise you on other legal issues that may arise. Sometimes the payment of commissions varies depending on the product sold and it is important for an agent to understand the commission levels that apply to different products….