The Agreement Between Seller And Agent is a crucial commercial document used when a business wishes to appoint a representative to market and sell its products or services in specified territories. This agreement is particularly relevant in Hong Kong's dynamic business environment, where many international companies utilize local agents to expand their market presence. The document encompasses essential elements required under Hong Kong law, including appointment terms, commission structures, territorial rights, and compliance obligations. It's designed to protect both parties' interests while ensuring clarity in their business relationship, incorporating relevant provisions from Hong Kong's commercial law framework, including specific ordinances governing agency relationships, contract formation, and business operations.
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1. Parties: Identifies and defines the Seller and Agent, including full legal names and registered addresses
2. Background: Sets out the context of the agreement, including the Seller's business and desire to appoint an agent
3. Definitions and Interpretation: Defines key terms used throughout the agreement and rules of interpretation
4. Appointment and Scope: Establishes the agent's appointment, whether exclusive or non-exclusive, and defines the scope of authority
5. Territory and Duration: Specifies the geographical area of operation and term of the agreement
6. Agent's Rights and Obligations: Details the agent's duties, responsibilities, and rights including marketing, customer service, and reporting requirements
7. Seller's Rights and Obligations: Outlines the seller's commitments, including providing product information, support, and maintaining supply
8. Commission and Payment Terms: Specifies commission rates, calculation methods, payment terms, and expenses policy
9. Intellectual Property: Addresses the use of trademarks, logos, and other intellectual property
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Termination: Sets out grounds for termination, notice requirements, and consequences of termination
12. Post-Termination Obligations: Specifies obligations that survive termination, including confidentiality and commission on pending deals
13. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law, and dispute resolution
1. Performance Targets: Used when specific sales targets or KPIs need to be established as conditions of the agency
2. Sub-Agents: Include when the agent may need to appoint sub-agents, specifying conditions and approval processes
3. Marketing and Promotion: Detailed section when specific marketing obligations or restrictions need to be outlined
4. Training Requirements: Include when the agent needs specific product training or certification
5. Data Protection: Detailed section when significant personal data processing is involved
6. Non-Competition: Include when restricting the agent from representing competing products
7. Insurance: Detailed insurance requirements when specific coverage is needed
8. Force Majeure: Include when specific force majeure provisions are necessary beyond standard clauses
1. Schedule 1 - Products: Detailed list of products or services covered by the agency agreement
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any variations by product or volume
3. Schedule 3 - Territory Description: Detailed description of geographical territories, including any excluded areas
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Performance Targets: Detailed KPIs and measurement criteria if applicable
6. Appendix A - Trademark Usage Guidelines: Guidelines for use of seller's trademarks and branding
7. Appendix B - Approved Marketing Materials: Templates or examples of approved marketing materials
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Consumer Goods
Technology
Industrial Products
Fashion and Apparel
Electronics
Food and Beverage
Pharmaceuticals
Automotive
Construction Materials
Medical Devices
Luxury Goods
Telecommunications
Relevant Teams
Legal
Sales
Commercial
Business Development
Finance
Compliance
Operations
International Trade
Channel Management
Distribution
Relevant Roles
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Sales Operations Manager
Regional Sales Manager
Channel Manager
Distribution Manager
Chief Executive Officer
Managing Director
Compliance Officer
Finance Director
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