This Standard Agency Agreement is designed for use in the Australian business environment where one party (the principal) wishes to appoint another party (the agent) to act on their behalf in business dealings. The agreement is suitable for various commercial contexts and includes comprehensive provisions addressing appointment, authority, duties, remuneration, and termination, all compliant with Australian federal and state laws. It incorporates necessary safeguards for both parties while maintaining flexibility to accommodate different business needs. The document is particularly valuable for businesses expanding their reach through agents, distributors, or representatives, and includes provisions reflecting current Australian commercial practices and regulatory requirements.
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1. Parties: Identifies and provides full details of the principal and agent
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the agency relationship and defines its scope
5. Term: Specifies the duration of the agreement
6. Agent's Authority: Details the extent and limitations of the agent's authority to act on behalf of the principal
7. Agent's Duties and Obligations: Lists the specific responsibilities and obligations of the agent
8. Principal's Duties and Obligations: Lists the specific responsibilities and obligations of the principal
9. Fees and Commission: Details the payment structure, commission rates, and payment terms
10. Compliance and Reporting: Outlines compliance requirements and reporting obligations
11. Confidentiality: Addresses the handling of confidential information
12. Intellectual Property: Covers ownership and usage of intellectual property
13. Liability and Indemnity: Addresses risk allocation between the parties
14. Termination: Sets out circumstances and procedures for ending the agreement
15. Dispute Resolution: Establishes procedures for resolving disputes
16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures
1. Non-Competition: Include when the agent should be restricted from competing activities
2. Sub-Agents: Include when the agent may need to appoint sub-agents
3. Insurance: Include when specific insurance requirements need to be mandated
4. Performance Targets: Include when specific performance metrics need to be met
5. Marketing and Promotion: Include when specific marketing obligations exist
6. Territory: Include when the agency is limited to specific geographic areas
7. Data Protection: Include when significant personal data processing is involved
8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
9. Anti-Bribery and Corruption: Include for international operations or high-risk industries
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation methods
2. Schedule 2 - Territory: Detailed description of geographic territories if applicable
3. Schedule 3 - Products or Services: Comprehensive list of products or services covered by the agency
4. Schedule 4 - Reporting Requirements: Templates and details of required reports
5. Schedule 5 - Service Level Agreement: Specific performance metrics and standards
6. Schedule 6 - Key Personnel: List of key personnel involved in managing the agency relationship
7. Appendix A - Power of Attorney: If required, formal power of attorney documentation
8. Appendix B - Company Policies: Relevant company policies that the agent must comply with
Relevant legal definitions
Clauses
Relevant Industries
Retail
Real Estate
Insurance
Manufacturing
Distribution
Import/Export
Professional Services
Technology
Financial Services
Healthcare
Telecommunications
Advertising and Marketing
Entertainment
Automotive
Construction
Relevant Teams
Legal
Commercial
Sales
Business Development
Operations
Compliance
Risk Management
Finance
Procurement
Contract Administration
Relevant Roles
Commercial Director
Business Development Manager
Sales Director
Legal Counsel
Compliance Officer
Contract Manager
Operations Manager
Regional Manager
Agency Manager
Distribution Manager
Sales Representative
Account Manager
Managing Director
Chief Executive Officer
Chief Operating Officer
Procurement Manager
Relationship Manager
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