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Non Exclusive Agency Agreement Template for India

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Key Requirements PROMPT example:

Non Exclusive Agency Agreement

"I need a Non-Exclusive Agency Agreement for my software company to appoint multiple sales agents across South India, with a focus on enterprise clients and including specific performance targets for January 2025."

Document background
The Non-Exclusive Agency Agreement is a crucial commercial document used when a company (principal) wishes to appoint representatives to act on its behalf while maintaining the flexibility to work with multiple agents. This document is particularly relevant in the Indian business context, where it must comply with the Indian Contract Act of 1872 and related commercial legislation. It's commonly used when companies want to expand their market presence without committing to exclusive arrangements, allowing them to maintain multiple distribution or representation channels. The agreement typically includes detailed provisions about territory, commission structures, performance expectations, and compliance requirements, while explicitly stating the non-exclusive nature of the arrangement. This type of agreement is particularly valuable for businesses entering new markets or expanding their distribution networks in India, as it provides legal protection while maintaining business flexibility.
Suggested Sections

1. Parties: Identification of the Principal and Agent with full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of agent's appointment and detailed scope of authority

5. Territory: Geographical area where the agent is authorized to operate

6. Duration and Termination: Term of the agreement and conditions for termination

7. Agent's Rights and Obligations: Detailed responsibilities and rights of the agent

8. Principal's Rights and Obligations: Detailed responsibilities and rights of the principal

9. Commission Structure: Details of commission rates, calculation method, and payment terms

10. Non-Exclusivity Provisions: Clear statement of non-exclusive nature and related terms

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Usage rights and protection of trademarks, logos, and other IP

13. Indemnification: Mutual indemnification provisions and liability limitations

14. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Non-Compete: Restrictions on agent's competitive activities, if applicable to the business relationship

2. Performance Targets: Specific sales or performance goals, if required

3. Marketing and Promotion: Specific obligations regarding marketing and promotion of products/services

4. Training and Support: Details of training and support provided by principal to agent

5. Insurance: Insurance requirements for the agent, if necessary

6. Sub-Agents: Terms regarding appointment of sub-agents, if permitted

7. Data Protection: Specific provisions for handling personal data, if relevant

8. Force Majeure: Provisions for unforeseen circumstances affecting performance

9. Exit Rights: Detailed provisions for transition upon termination

Suggested Schedules

1. Schedule 1 - Products/Services: Detailed list of products or services covered under the agreement

2. Schedule 2 - Commission Rates: Detailed commission structure, including any variations or special rates

3. Schedule 3 - Territory Map: Detailed mapping of the authorized territory

4. Schedule 4 - Reporting Templates: Standard formats for regular reporting requirements

5. Schedule 5 - Service Level Agreement: Specific performance metrics and service standards

6. Appendix A - Operating Procedures: Detailed operational procedures and guidelines

7. Appendix B - Brand Guidelines: Guidelines for use of principal's branding and marketing materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses





































Relevant Industries

Retail

Manufacturing

Real Estate

Insurance

Technology

Consumer Goods

Pharmaceuticals

Automotive

Industrial Products

Fashion and Apparel

Food and Beverage

Financial Services

Telecommunications

Export-Import

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Distribution

Procurement

Compliance

Finance

Operations

Channel Management

Relevant Roles

Sales Director

Business Development Manager

Legal Counsel

Commercial Director

Channel Manager

Distribution Manager

Chief Commercial Officer

Procurement Manager

Contract Manager

Regional Sales Manager

Agency Relationship Manager

Business Operations Manager

Compliance Officer

General Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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