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Marketing Representation Agreement
"I need a Marketing Representation Agreement for appointing an exclusive representative to market our software products in Bavaria and Baden-Württemberg, with special attention to digital marketing channels and GDPR compliance."
1. Parties: Identification of the Principal and Marketing Representative with full legal names and addresses
2. Background: Context of the agreement and brief description of parties' businesses and intention to enter into a marketing representation arrangement
3. Definitions: Key terms used throughout the agreement, including Territory, Products/Services, Marketing Materials, etc.
4. Appointment and Scope: Terms of appointment, whether exclusive or non-exclusive, and detailed scope of marketing representation
5. Territory and Market: Definition of geographical area and/or market segments where representative is authorized to operate
6. Representatives Obligations: Detailed responsibilities including promotion methods, reporting requirements, and performance standards
7. Principals Obligations: Support, materials, and information to be provided by the principal
8. Compensation: Commission structure, payment terms, and calculation methods in compliance with German commercial law
9. Intellectual Property: Usage rights and restrictions regarding trademarks, marketing materials, and other IP
10. Confidentiality: Protection of business secrets and confidential information
11. Data Protection: GDPR compliance measures and data handling requirements
12. Term and Termination: Duration, renewal terms, and termination provisions including mandatory notice periods under German law
13. Post-Termination: Obligations after termination including commission entitlements and handover requirements
14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on representing competing products/services during and after the agreement term - optional based on business needs and must comply with German competition law
2. Performance Targets: Specific sales or marketing targets - include when performance metrics are crucial to the relationship
3. Marketing Budget: Details of marketing spend and cost sharing - relevant when representative has spending authority
4. Sub-Representatives: Terms for appointing sub-representatives - include when sub-delegation is permitted
5. Insurance: Required insurance coverage - important for high-value representations or regulated industries
6. Compliance with Industry Regulations: Specific regulatory requirements - include for regulated industries
7. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID
8. Training and Support: Detailed training obligations - relevant for complex products or services
1. Schedule 1 - Territory Description: Detailed description of geographical territories and/or market segments
2. Schedule 2 - Products/Services: Comprehensive list of products/services covered by the agreement
3. Schedule 3 - Commission Structure: Detailed commission rates, calculation methods, and examples
4. Schedule 4 - Marketing Guidelines: Brand guidelines and approved marketing practices
5. Schedule 5 - Reporting Templates: Required formats for activity and performance reporting
6. Schedule 6 - Service Level Agreement: Specific performance metrics and standards
7. Appendix A - Approved Marketing Materials: List of pre-approved marketing materials and content
8. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and procedures
Authors
Consumer Goods
Retail
Technology
Manufacturing
Professional Services
Healthcare
Financial Services
Real Estate
Automotive
Entertainment
Fashion and Luxury
Industrial Products
Telecommunications
Software and IT
Food and Beverage
Legal
Marketing
Sales
Business Development
Compliance
Finance
Commercial Operations
International Business
Partner Relations
Brand Management
Chief Marketing Officer
Sales Director
Business Development Manager
Marketing Manager
Commercial Director
Legal Counsel
Compliance Officer
Contract Manager
Regional Sales Manager
Marketing Representative
Brand Manager
Channel Partner Manager
Business Development Director
International Marketing Director
Commercial Rights Manager
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