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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.