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Agreement Between Seller And Agent Template for Malaysia

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Key Requirements PROMPT example:

Agreement Between Seller And Agent

"I need an Agreement Between Seller And Agent for my Malaysian technology manufacturing company to appoint an exclusive sales agent in Singapore and Indonesia, with commission structures varying by territory and specific requirements for technical product training."

Document background
The Agreement Between Seller And Agent is a crucial document for businesses operating in Malaysia who wish to expand their market reach through appointed representatives. This agreement type is commonly used when a business (the seller) wants to authorize another party (the agent) to act on their behalf in specific territories or market segments. The document addresses key aspects required under Malaysian law, including agency appointment terms, commission structures, performance requirements, and termination conditions. It's particularly relevant in the current Malaysian business landscape where companies increasingly rely on agents for market expansion and sales growth. The agreement ensures compliance with Malaysian commercial laws while protecting both parties' interests through clearly defined rights, obligations, and dispute resolution mechanisms.
Suggested Sections

1. Parties: Identification of the Seller and Agent with full legal names, registration numbers, and addresses

2. Background: Context of the agreement, business relationship, and purpose of the agency arrangement

3. Definitions: Key terms used throughout the agreement including Territory, Products, Customers, Commission, etc.

4. Appointment and Scope: Terms of agent's appointment, exclusivity status, and defined territory or market

5. Duration and Termination: Term of agreement, renewal provisions, and circumstances for termination

6. Agent's Rights and Obligations: Detailed responsibilities, performance standards, and authority limits of the agent

7. Seller's Rights and Obligations: Seller's commitments, support to be provided, and responsibilities to the agent

8. Commission Structure: Commission rates, calculation method, payment terms, and conditions for commission eligibility

9. Intellectual Property: Usage rights for seller's trademarks, logos, and other IP during the agency relationship

10. Confidentiality: Protection of confidential information and trade secrets

11. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term

12. Governing Law and Dispute Resolution: Malaysian law application and dispute resolution procedures

13. General Provisions: Standard clauses including notices, amendments, assignment, and entire agreement

Optional Sections

1. Performance Targets: Specific sales targets or KPIs, used when the agency relationship is performance-based

2. Marketing and Promotion: Marketing obligations and cost-sharing arrangements, included when agent has marketing responsibilities

3. Training and Support: Details of training provided by seller to agent, included for complex products or services

4. Insurance Requirements: Specific insurance coverage requirements, included for high-risk products or services

5. Sub-Agents: Rights and conditions for appointing sub-agents, included when sub-agency is permitted

6. Data Protection: Compliance with data protection laws, included when personal data processing is involved

7. Force Majeure: Provisions for unforeseen circumstances, included for long-term or high-value agreements

8. Bank Guarantee/Security: Financial security requirements, included for high-value transactions or credit arrangements

Suggested Schedules

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

2. Schedule 2 - Territory: Detailed description of geographical territory or market segment

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type

4. Schedule 4 - Performance Metrics: Specific KPIs, targets, and measurement criteria

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Schedule 6 - Reporting Requirements: Templates and timeframes for required reports

7. Appendix A - Standard Operating Procedures: Detailed procedures for order processing, customer service, etc.

8. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Manufacturing

Retail

Consumer Goods

Industrial Products

Technology

Real Estate

Automotive

Electronics

Fashion and Apparel

Medical Devices

Construction Materials

Agricultural Products

Financial Services

Insurance

Professional Services

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Contract Administration

Channel Management

Distribution

Partner Relations

Executive Leadership

Relevant Roles

Sales Director

Business Development Manager

Commercial Director

Legal Counsel

Contracts Manager

Sales Operations Manager

Channel Manager

Regional Sales Manager

Chief Commercial Officer

Compliance Officer

Business Owner

Managing Director

Agency Relations Manager

Distribution Manager

Partner Development 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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