Commission Agreement Template – 22+ Free Word, PDF Documents Download

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Nothing on this site shall be considered legal advice and no attorney-client relationship is established. The parties agree as follows the capitalized terms used in this agreement, in addition to those above, being defined in section 14 Definitions: The Representative hereby accepts the appointment and agrees to represent and promote the sale of the Products on a non-exclusive basis.

During the Term, the Representative shall sell the Products only in the following geographical area: The Representative shall direct it's sales and promotional efforts toward the following: No Commissions in Certain Circumstances. The Representative is solely responsible for any expenses it incurs in performing its services under this agreement. Definition of "Net Amount. The Representative is solely responsible for paying all taxes incurred as a result of the performance of its services under this agreement and complying with all tax-related obligation.

The Company has no obligation to pay or withhold any sums for taxes. The Representative shall give prompt Notice to the Company. The Representative shall not represent, promote, or otherwise try trade broker commission agreement template free download sell in the Territory any lines or products that, in the Company's judgment, compete with the Products. S ales and Marketing Materials. The Representative is trade broker commission agreement template free download no restriction or obligation that may affect the performance of its obligations under this agreement.

T he Representative does not currently represent or promote any products or services that compete with the Products. The Company's appointment of the Representative is non-exclusive. The Representative has no authority to bind the Company in any manner. Right to Use Company Marks. N othing in this agreement creates any obligation between either party and any third party.

Use of Company Marks. Ownership of Company Marks. The Representative recognizes the Company's exclusive right, title, and interest in and to all service marks, trademarks, and trade names used by the Company collectively, the " Company Marks ".

Actions in Company's Best Interests. The Representative shall not apply for, acquire, or claim any right, title, or interest in or to any Company Marks or in any marks that may be confusingly similar to any of them.

The Representative shall not directly or indirectly. Use only for the Purpose. The Representative shall use the Confidential Information solely for the purpose of selling and promoting the Products. Definition of Confidential Information. This agreement will terminate immediately upon either party's insolvency, bankruptcy, receivership, dissolution, or liquidation. Discontinue Use of Company Marks. In addition to the terms at the top of the first page of this agreement, the following definitions apply: This agreement contains all the terms agreed to by the parties relating to its subject matter.

It replaces all previous discussions, understandings, and agreements. This agreement may only be amended by a written document signed by both parties. The Representative may not assign this agreement or any of its rights or obligations under this agreement without the Company's prior written consent. All notices and other communications between the parties must be in writing and addressed to the respective party as follows:.

Notices must be given by i personal delivery, ii a nationally-recognized, next-day courier service, iii first-class registered or certified mail, postage prepaid[, iv fax][ or v electronic mail] to the party's address specified in this agreement, or to the address that a party has notified to be that party's address for the purposes of this section.

A Notice given in accordance with this agreement will be effective upon receipt by the party to which it is given or, if mailed, upon the earlier of receipt and the fifth Business Day following mailing. Except as provided in section Sections 2 Commissions and Expenses10 Confidentiality12 Effect of Terminationand 13 Indemnification trade broker commission agreement template free download the termination or expiration of this agreement.

If any part of this agreement is declared unenforceable or invalid, the trade broker commission agreement template free download will continue to be valid and enforceable. Waiver of Jury Trial. Each party irrevocably waives its rights to trial by jury trade broker commission agreement template free download any action or proceeding arising out of or relating trade broker commission agreement template free download this agreement or the transactions relating to its subject matter.

The headings used in this agreement and its division into sections, schedules, and other subdivisions do not affect its interpretation. References in this agreement to sections, schedules, and other subdivisions are to those parts of this agreement. The following are attached to and form part of this agreement: List of Products[ and Services].

This agreement may be signed in any number of counterparts, each of which is an original and all of which taken together form one single document. This agreement is effective as of the Effective Date, even if any signatures are made after that date. Customers a Target Customers. Effect of Termination Notice a Form of Notice. All notices and other communications between the parties must be in writing and addressed to the respective party as follows: If to the Company: List of Existing Customers Overview An overview has not been defined yet.

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This Agency Agreement Template is designed to govern a situation where there is a company that offers products or services and wants to hire an agent to market and sell it on their behalf. With certain limitations stated herein, the Company hereby authorizes the Agent the right to market and offer for sale the Products according to the terms and limitations stated in this Agency Agreement.

The Agent shall only market and offer for sale the products within the Territory, as defined in this Agreement. The Company reserves the right to add to or subtract from the list of Products authorized on Exhibit A attached hereto with notice to the Agent. Here you can define the geographic area in which the Agent will be allowed to market and sell the product or service. The scope of the Territory may be as large or as restrictive as the Company deems appropriate.

The next section is a very relevant consideration with regard to determining the relative expansiveness of the Territory. The Agent shall be the exclusive party authorized to market the Product within the Territory. This section defines whether or not the Agent will be the sole party allowed to market the product or service within the territory. As written, it grants them such exclusivity. The Company hereby grants to the Agent for the duration of this Agreement and subject to the limitations stated within this Agreement a non-exclusive, non-transferable, revocable right to use the Company Trademarks as necessary to market and offer for sale the Products within the Territory.

This section does two things: In marketing and offering the Products for sale in the Territory, the Agent shall:. Utilize promotional materials provided to the Agent by the Company for the purpose of marketing and selling the Products;. If requested by the Company, attend and participate in trade shows and conventions related to the Products;. Reasonably assist the Company with regard to any and all collection matters as requested by the Company; and.

Should the Parties terminate this Agreement for any reason, the Company shall pay the Agent only for sales of the Products made prior to the termination date. In the event that the Agent receives commission payments for orders that are subsequently refunded, charged back, or the Company otherwise fails to realize the income from such a sale, the Agent shall offset any future commissions paid by the amount by which the commissions actually paid would be reduced if the sales associated with income the Company failed to realize were never completed.

With regard to 6 c , the text should reflect a when payments are made and b for what time period — e. This section aims to prohibit the Agent from disclosing any sensitive information and also ensure that the Agent returns to the Company any proprietary documentation that may contain such information, such as customer lists and price points. This Agreement shall commence upon the date of execution and continue until either Party terminates this Agreement in writing.

The Agent agrees to indemnify, defend, and protect the Company from and against all lawsuits and costs of every kind pertaining to any violation of the law, this Agreement, or the rights of any third party by the Agent while acting pursuant to this Agreement.

Such costs include but are not limited to reasonable legal fees. This section seeks to protect the Company from any harmful acts taken by the Agent while performing the duties under this Agency Agreement. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. In marketing and offering the Products for sale in the Territory, the Agent shall: Act with diligence, devoting reasonable time and effort to fulfill the duties described herein; Maintain reasonable technical and practical knowledge with regard to the Products; Utilize promotional materials provided to the Agent by the Company for the purpose of marketing and selling the Products; If requested by the Company, attend and participate in trade shows and conventions related to the Products; Promptly respond to all communications by customers and the Company regarding the Products; Reasonably assist the Company with regard to any and all collection matters as requested by the Company; and Prepare and maintain any reports and documentation, as requested by the Company.