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Non Exclusive Agency Agreement for New Zealand

Non Exclusive Agency Agreement Template for New Zealand

A New Zealand-governed Non-Exclusive Agency Agreement is a legal document that establishes a commercial relationship where an agent is appointed to represent a principal's interests while allowing the principal to appoint other agents or conduct business directly. The agreement operates under New Zealand law, particularly the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, and includes comprehensive provisions for commission structures, territorial rights, performance expectations, and termination conditions. This document provides flexibility for businesses while maintaining clear guidelines for the agent's authority, responsibilities, and compensation.

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What is a Non Exclusive Agency Agreement?

The Non-Exclusive Agency Agreement is a crucial document for businesses operating in New Zealand that wish to expand their market presence while maintaining flexibility in their distribution or representation arrangements. This agreement is particularly valuable when a business wants to test new markets or maintain multiple distribution channels without being bound by exclusivity commitments. The document addresses key aspects such as territory definitions, commission structures, performance expectations, and termination rights, all within the framework of New Zealand commercial law. It's commonly used by manufacturers, service providers, and other businesses looking to appoint agents while retaining the right to engage with other agents or conduct direct sales. The agreement ensures compliance with New Zealand legislation including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986, while providing clear guidelines for both principals and agents to operate effectively in their respective roles.

What sections should be included in a Non Exclusive Agency Agreement?

1. Parties: Identifies and defines the Principal and the Agent, including full legal names, addresses, and company details

2. Background: Sets out the context of the agreement, including the Principal's business nature and need for agency services

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope: Establishes the non-exclusive appointment of the Agent and defines the territorial/product scope

5. Agent's Rights and Obligations: Details the Agent's responsibilities, service standards, and permitted activities

6. Principal's Rights and Obligations: Outlines the Principal's responsibilities, including support and information provision

7. Commission and Payment Terms: Specifies commission rates, calculation methods, payment timing, and related financial terms

8. Term and Termination: Sets out the agreement duration, renewal provisions, and termination circumstances

9. Intellectual Property: Addresses the use of trademarks, logos, and other IP during the agency relationship

10. Confidentiality: Establishes confidentiality obligations for both parties

11. Liability and Indemnity: Details liability limitations and indemnification provisions

12. General Provisions: Contains standard legal clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Non Exclusive Agency Agreement?

1. Non-Compete and Non-Solicitation: Restricts the Agent's ability to compete or solicit clients, used when sensitive market information is involved

2. Performance Targets: Sets specific performance metrics and consequences, used when minimum performance levels are required

3. Marketing and Promotion: Details marketing responsibilities and standards, included when the Agent has significant promotional duties

4. Training and Support: Specifies training requirements and support services, used when product/service complexity requires specific expertise

5. Insurance Requirements: Details required insurance coverage, included when business activities carry significant risks

6. Data Protection: Specific provisions for handling personal data, included when significant customer data processing is involved

7. Sub-Agents: Rules regarding appointment of sub-agents, included when sub-agency arrangements are permitted

What schedules should be included in a Non Exclusive Agency Agreement?

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

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

3. Schedule 3 - Territory: Detailed description of geographical or market territory covered by the agreement

4. Schedule 4 - Reporting Requirements: Templates and specifications for required regular reports

5. Schedule 5 - Service Level Requirements: Detailed performance standards and metrics

6. Appendix A - Principal's Branding Guidelines: Guidelines for use of Principal's branding and marketing materials

7. Appendix B - Operating Procedures: Detailed operational procedures and protocols

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions



































Clauses













































Relevant Industries

Retail

Manufacturing

Professional Services

Real Estate

Insurance

Financial Services

Technology

Consumer Goods

Industrial Products

Agriculture

Export/Import

Entertainment

Relevant Teams

Legal

Sales

Business Development

Commercial

Operations

Compliance

Executive Leadership

Distribution

Contract Management

Agency Management

Relevant Roles

Business Development Manager

Sales Director

Commercial Manager

Legal Counsel

Contract Manager

Chief Executive Officer

Sales Representative

Distribution Manager

Regional Manager

Agency Manager

Operations Director

Compliance Officer

Business Owner

Managing Director

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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