The Agency to Agency Agreement serves as a crucial legal framework for business relationships between two agency entities operating in Malaysia. This document is particularly useful when agencies wish to collaborate, represent each other, or provide complementary services while maintaining their independent status. It addresses key aspects such as scope of authority, territory rights, compensation structures, and performance expectations, all while ensuring compliance with Malaysian legislation including the Contracts Act 1950, Competition Act 2010, and industry-specific regulations. The agreement is essential for protecting both parties' interests, establishing clear operational guidelines, and maintaining professional standards in cross-agency relationships.
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1. Parties: Identification and details of both agencies entering into the agreement
2. Background: Context of the agreement and relationship between the agencies
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and scope of agency relationship
5. Duration: Term of the agreement, including commencement date and renewal provisions
6. Rights and Obligations: Detailed responsibilities and rights of both agencies
7. Territory: Geographical area covered by the agency relationship
8. Compensation: Fee structure, commission rates, and payment terms
9. Performance Standards: Required service levels and performance metrics
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Usage rights and protection of trademarks, logos, and other IP
12. Non-Competition: Restrictions on competing activities
13. Liability and Indemnification: Risk allocation and indemnification obligations
14. Termination: Grounds and process for termination
15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Marketing and Promotion: Specific terms regarding marketing activities and brand promotion, include when marketing is part of agency services
2. Training: Requirements for training and support, include when knowledge transfer is needed
3. Insurance: Insurance requirements and coverage, include for high-risk activities
4. Data Protection: PDPA compliance requirements, include when personal data processing is involved
5. Exclusivity: Terms of exclusive arrangements, include when exclusive rights are granted
6. Compliance with Laws: Specific regulatory compliance requirements, include for regulated industries
7. Force Majeure: Provisions for unforeseen circumstances, include for long-term agreements
8. Sub-Contracting: Terms for engaging sub-agents, include when sub-contracting is permitted
1. Schedule 1 - Services: Detailed description of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment terms
3. Schedule 3 - Performance Metrics: Specific KPIs and performance measurement criteria
4. Schedule 4 - Territory Map: Detailed description or map of geographical coverage
5. Schedule 5 - Approved Sub-agents: List of pre-approved sub-agents if applicable
6. Schedule 6 - Brand Guidelines: Guidelines for use of trademarks and branding
7. Appendix A - Required Reports: Templates and requirements for periodic reporting
8. Appendix B - Contact Details: Key contact persons and communication protocols
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Insurance
Travel and Tourism
Marketing and Advertising
Retail
Technology
Financial Services
Manufacturing
Healthcare
Education
Professional Services
Logistics and Distribution
Media and Entertainment
Telecommunications
Relevant Teams
Legal
Operations
Business Development
Sales
Compliance
Commercial
Account Management
Partnership Management
Project Management
Risk Management
Finance
Corporate Affairs
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Contracts Manager
Operations Director
Sales Director
Agency Relations Manager
Partnership Manager
Compliance Officer
Commercial Director
Account Director
Regional Manager
Business Unit Head
Project Manager
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