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Non Exclusive Agency Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Exclusive Agency Agreement

"I need a Non-Exclusive Agency Agreement for my software company to appoint multiple sales agents across South Africa's major cities, with specific commission structures for different product tiers and the ability to add sub-agents."

Document background
The Non-Exclusive Agency Agreement is essential for businesses operating in South Africa who wish to appoint representatives while maintaining flexibility in their distribution or sales strategies. This document is particularly valuable when a principal wants to test new markets or maintain multiple distribution channels without the constraints of exclusivity. The agreement comprehensively covers appointment terms, commission structures, performance expectations, and termination provisions while ensuring compliance with South African commercial law, including the Consumer Protection Act and Competition Act. It's commonly used in various industries where principals need multiple agents to maximize market reach while managing risk and maintaining control over their business relationships.
Suggested Sections

1. Parties: Identification and details of the Principal and Agent, including registration numbers and addresses

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: Express appointment of agent, clarification of non-exclusive nature, and detailed scope of agency

5. Duration: Term of the agreement, including commencement date and renewal provisions

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

7. Principal's Rights and Obligations: Principal's commitments, support to be provided, and limitations

8. Non-Exclusivity Provisions: Explicit terms regarding non-exclusive nature and potential competition

9. Commission and Payment Terms: Commission structure, calculation method, payment terms, and expenses

10. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Post-Termination Obligations: Obligations surviving termination, including confidentiality and commission on pending deals

14. General Provisions: Standard clauses including notices, governing law, dispute resolution, and entire agreement

Optional Sections

1. Performance Targets: Specific sales or performance targets, used when the principal wants to set measurable objectives

2. Territory Restrictions: Geographic limitations on agent's activities, included when territory needs to be defined

3. Sub-Agents: Terms regarding appointment of sub-agents, needed if sub-agents are permitted

4. Marketing and Promotion: Specific requirements for marketing activities, included when agent has marketing responsibilities

5. Training Requirements: Training obligations and standards, included for technical or specialized products

6. Insurance Requirements: Specific insurance coverage requirements, included for high-risk activities

7. Data Protection: POPIA compliance provisions, included when personal data processing is involved

8. Anti-Corruption: Anti-bribery and corruption provisions, included for international or public sector dealings

Suggested Schedules

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

2. Schedule 2: Commission Structure: Detailed commission rates, calculations, and special circumstances

3. Schedule 3: Territory Description: Detailed description of geographic territory if applicable

4. Schedule 4: Performance Metrics: Specific KPIs and measurement criteria if applicable

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

6. Appendix A: Standard Operating Procedures: Detailed procedures for day-to-day operations

7. Appendix B: Reporting Templates: Standard forms and templates for required reports

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

Retail

Manufacturing

Financial Services

Technology

Real Estate

Import/Export

Consumer Goods

Professional Services

Agricultural Products

Industrial Equipment

Automotive

Telecommunications

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Compliance

Risk Management

Distribution

Channel Management

Relevant Roles

Commercial Director

Sales Manager

Business Development Manager

Legal Counsel

Contracts Manager

Distribution Manager

Channel Manager

Chief Commercial Officer

Regional Sales Director

Operations Manager

Compliance Officer

Risk 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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