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Non Exclusive Agency Agreement
"I need a Non-Exclusive Agency Agreement for my software company to appoint multiple sales agents across New Zealand's North Island, with a commission structure of 10% on new sales and 5% on renewals, starting from March 2025."
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
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
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
Retail
Manufacturing
Professional Services
Real Estate
Insurance
Financial Services
Technology
Consumer Goods
Industrial Products
Agriculture
Export/Import
Entertainment
Legal
Sales
Business Development
Commercial
Operations
Compliance
Executive Leadership
Distribution
Contract Management
Agency Management
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
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