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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 South Africa's major cities, with specific commission structures for different product tiers and the ability to add sub-agents."
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
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
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
Retail
Manufacturing
Financial Services
Technology
Real Estate
Import/Export
Consumer Goods
Professional Services
Agricultural Products
Industrial Equipment
Automotive
Telecommunications
Legal
Commercial
Sales
Business Development
Operations
Compliance
Risk Management
Distribution
Channel Management
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
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