This Seller Agreement template is designed for use in Hong Kong and provides a comprehensive framework for businesses looking to establish formal relationships with sellers on their platform or through their channels. The document is particularly relevant in today's digital commerce landscape, where platforms and marketplaces need robust legal protection while ensuring compliance with Hong Kong's regulatory requirements. The Seller Agreement covers essential elements including seller obligations, commission structures, quality control measures, and compliance requirements, while incorporating specific provisions required under Hong Kong law such as those relating to sale of goods, trade descriptions, and consumer protection. It's suitable for both digital platforms and traditional retail operations, providing flexibility to accommodate various business models while maintaining legal compliance.
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1. Parties: Identifies and provides full details of the contracting parties - the company/platform (buyer) and the seller
2. Background: Sets out the context of the agreement and basic premises of the commercial relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Establishes the seller's appointment and defines the scope of permitted selling activities
5. Seller Obligations: Details the core obligations of the seller including quality standards, delivery requirements, and service levels
6. Platform/Company Obligations: Outlines the obligations of the platform/company including payment terms and support services
7. Fees and Payment: Specifies the fee structure, payment terms, and any commission arrangements
8. Intellectual Property Rights: Addresses ownership and usage rights of intellectual property
9. Representations and Warranties: Contains standard and specific warranties from both parties
10. Compliance with Laws: Requires compliance with relevant Hong Kong laws and regulations
11. Term and Termination: Sets out the duration of the agreement and circumstances for termination
12. Confidentiality: Establishes obligations regarding confidential information
13. Liability and Indemnity: Defines the liability framework and indemnification obligations
14. Force Majeure: Addresses circumstances beyond parties' control affecting performance
15. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
16. General Provisions: Contains standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required if the seller will handle personal data, ensuring compliance with the Personal Data (Privacy) Ordinance
2. Insurance: Include if specific insurance requirements are needed for the seller's activities
3. Marketing and Promotion: Include if the seller has specific marketing obligations or restrictions
4. Quality Control: Required for agreements involving physical goods or specific quality standards
5. Training and Support: Include if the platform provides specific training or support services
6. Territory Restrictions: Include if the seller's activities are limited to specific geographic areas
7. Non-Compete: Include if restricting seller's ability to work with competitors
8. Audit Rights: Include if the platform requires rights to audit seller's operations
9. Service Levels: Required for agreements with specific performance metrics
10. Dispute Resolution: Include if specific dispute resolution procedures (e.g., mediation) are required
1. Schedule 1 - Products/Services: Detailed list of approved products or services the seller may offer
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment calculations
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Technical Requirements: Technical specifications and integration requirements
5. Schedule 5 - Policies and Procedures: Operational policies and procedures the seller must follow
6. Schedule 6 - Territory: Detailed description of approved sales territory if applicable
7. Appendix A - Required Forms: Standard forms and documents used in the relationship
8. Appendix B - Brand Guidelines: Guidelines for use of trademarks and brand elements
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