The Exclusive Sales Representative Agreement is a crucial document for businesses operating in Singapore seeking to establish dedicated sales channels. This agreement is particularly relevant when a company (principal) wants to grant exclusive rights to another party (sales representative) to sell their products or services in a specific territory. The document addresses key aspects such as territory definition, commission structures, performance metrics, and termination conditions, while ensuring compliance with Singapore's legal framework, particularly the Competition Act and Contract Law. It's commonly used when establishing new market presence or restructuring sales operations.
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1. Parties: Identification and details of the Principal and Sales Representative
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Appointment and Territory: Scope of exclusive appointment and defined territory
5. Rights and Obligations: Detailed responsibilities of both parties
6. Commission Structure: Payment terms, rates, and calculation methods
7. Term and Termination: Duration and termination provisions
8. Confidentiality: Protection of confidential information
9. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes
1. Performance Targets: Minimum sales targets and consequences of non-achievement - use when specific performance metrics are required
2. Training and Support: Details of training and support provided by principal - use when significant product knowledge or training is required
3. Insurance: Insurance requirements and coverage - use when dealing with high-value products or specific risks
4. Non-Competition: Restrictions on competitive activities - use when protection against competition is required
5. Data Protection: Compliance with PDPA and data handling requirements - use when personal data processing is involved
1. Schedule 1 - Territory Description: Detailed description of exclusive territory including maps if applicable
2. Schedule 2 - Commission Schedule: Detailed breakdown of commission rates and calculation methods
3. Schedule 3 - Product List: List of products/services covered by the agreement
4. Schedule 4 - Performance Metrics: Detailed KPIs and measurement criteria
5. Schedule 5 - Standard Operating Procedures: Detailed procedures for order processing, reporting, etc.
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