Thank you for your question and congratulations on the opportunity.
There are two ways of thinking about your issue. The first is to insist that the document accurately reflect the reality of the situation. They have sent you a form confidentiality agreement
that is used for investors. This doesn't reflect the reality that you will be acting as a sales representative for them there. Technically, this would endanger them more than it would endanger you, as you could argue that you are not bound by the agreement since its terms do not apply to you. Thus, in order to avoid this kind of interpretation, you could cross out the language that says "investor" and put in "sales representative." There's nothing wrong with correcting the language of a form contract
. The person you are talking to at the company that sent you the agreement may not be aware of the legal ramifications of the inapplicable language in the document. In short, you would simply cross out the investor language and write in "sales representative" in its place, then initial by the change, sign the document and send it back.
The second way of looking at the situation is that the fact that the language says "investor" rather than "sales representative" is the Company's problem rather than your problem. If you signed the agreement, there is no way that you would get in trouble with the SEC on this issue. If there is no language in the agreement where you are "warranting" that you are an accredited investor, then again this is the Company's problem, not yours. So, under this scenario, you would simply sign the document as is and send it back. The agreement is between you and the Company, and will only become at issue if you breach your duty of confidentiality
, at which point the question would be whether the agreement is valid. Since it is a form contract, any mistakes in the language will be blamed on the Company, not you. This is the path of least resistance with the Company.
My recommendation is to simply cross out the language and write in sales rep. If they don't like that, then you sign it as is. The most important aspect is cementing your representation
of the Company and getting the information from it so that you can start your work there.
Please let me know if there is anything else I can help you with on this issue.