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Exclusive Commission Agreement Template for Nigeria

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Key Requirements PROMPT example:

Exclusive Commission Agreement

"I need an Exclusive Commission Agreement for appointing a Lagos-based agent to sell our pharmaceutical products throughout Nigeria, with a 15% commission rate and quarterly performance targets starting from March 2025."

Document background
The Exclusive Commission Agreement is a critical commercial document used when a business (principal) wishes to appoint an exclusive representative (agent) to promote and sell their products or services in Nigeria. This agreement type is particularly important in the Nigerian market where local representation is often essential for business success. The document addresses key aspects including commission structures, exclusivity terms, territorial rights, performance metrics, and compliance with Nigerian commercial law. It's specifically designed to protect both parties' interests while ensuring compliance with Nigerian regulatory requirements, including the Commercial Agency Agreements Act and competition laws. The agreement is commonly used for establishing long-term commercial relationships and includes provisions for performance monitoring, payment terms, and dispute resolution under Nigerian jurisdiction.
Suggested Sections

1. Parties: Identification and details of the Principal and the Agent

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

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

4. Appointment and Scope: Terms of exclusive appointment and territorial scope

5. Duration and Term: Period of the agreement, including commencement date and initial term

6. Exclusivity Provisions: Detailed terms of exclusivity and any territorial restrictions

7. Commission Structure: Calculation method, rates, and payment terms for commission

8. Rights and Obligations: Detailed responsibilities of both parties

9. Performance Targets: Minimum performance requirements and evaluation criteria

10. Reporting and Payment: Requirements for sales reporting and commission payment procedures

11. Intellectual Property: Usage rights and restrictions regarding trademarks and other IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds for termination and process

14. Post-Termination: Obligations and restrictions after agreement ends

15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Training and Support: Details of training and support provided by principal to agent, included when significant training is part of the arrangement

2. Marketing and Promotion: Obligations regarding marketing activities and cost sharing, included when marketing is a significant component

3. Sub-Agents: Terms for appointment and management of sub-agents, if permitted

4. Insurance: Insurance requirements and obligations, included for high-risk activities

5. Data Protection: Specific data protection and privacy obligations, included when handling sensitive data

6. Force Majeure: Provisions for unforeseen circumstances, included in longer-term agreements

7. Anti-Corruption: Compliance with anti-corruption laws, included when dealing with government contracts or high-risk territories

8. Change Control: Process for making changes to the agreement, included in complex arrangements

Suggested Schedules

1. Commission Rates: Detailed breakdown of commission rates for different products/services

2. Territory Definition: Detailed description of geographical territory covered

3. Products and Services: List of products/services covered by the agreement

4. Performance Metrics: Detailed KPIs and measurement criteria

5. Reporting Templates: Standard forms for periodic reporting

6. Trademark Usage Guidelines: Specific rules for use of principal's trademarks

7. Contact Details: Key contact persons and communication protocols

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














































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Relevant Industries

Manufacturing

Distribution

Retail

Technology

Financial Services

Real Estate

Pharmaceuticals

Automotive

Energy

Telecommunications

Professional Services

Consumer Goods

Agriculture

Construction

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Finance

Compliance

Operations

Contract Administration

International Trade

Risk Management

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Compliance Officer

Sales Manager

Channel Manager

Territory Manager

Operations Director

Finance Director

Contract Manager

Regional Sales Manager

Agency Relations Manager

Commercial Operations 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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