The Sales and Marketing Agreement is a crucial document for businesses operating in New Zealand who wish to expand their market reach through formal partnerships or agency relationships. This agreement is typically used when a company (the principal) wants to engage another party to promote, market, or sell their products or services, either as an agent, distributor, or marketing partner. The document addresses key aspects required under New Zealand law, including compliance with the Fair Trading Act 1986, Contract and Commercial Law Act 2017, and Privacy Act 2020. It establishes clear parameters for the commercial relationship, including territory rights, performance expectations, commission structures, and brand usage guidelines. The agreement is particularly valuable for businesses seeking to establish formal, legally-compliant marketing and sales channels while protecting their intellectual property and commercial interests in the New Zealand market.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Provides context for the agreement and outlines the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Defines the nature of the appointment (exclusive/non-exclusive) and territorial scope
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Obligations of the Principal: Details the responsibilities and commitments of the company providing the products/services
7. Obligations of the Agent/Partner: Outlines the sales and marketing responsibilities and performance requirements
8. Compensation and Payment Terms: Specifies commission rates, payment structure, and payment terms
9. Intellectual Property Rights: Addresses ownership and usage rights of trademarks, marketing materials, and other IP
10. Confidentiality: Defines confidential information and obligations to maintain confidentiality
11. Reporting and Performance Metrics: Establishes reporting requirements and performance evaluation criteria
12. General Provisions: Includes standard legal provisions such as governing law, notices, and assignment
1. Training and Support: Used when specific training or ongoing support will be provided to sales/marketing partners
2. Marketing Fund: Include when there's a shared marketing fund or cooperative advertising program
3. Minimum Performance Requirements: Added when specific sales targets or KPIs are required
4. Non-Compete Clause: Include when restricting involvement with competing products/services
5. Data Protection: Required when significant customer data handling is involved
6. Insurance Requirements: Include when specific insurance coverage is required
7. Force Majeure: Added when specific provisions for unforeseen circumstances are needed
8. Dispute Resolution: Include when specific dispute resolution procedures are required
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographical areas covered
3. Schedule 3 - Commission Structure: Detailed breakdown of commission rates and calculation methods
4. Schedule 4 - Marketing Guidelines: Specific guidelines for marketing activities and brand usage
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria
6. Schedule 6 - Approved Marketing Materials: List of pre-approved marketing materials and templates
7. Appendix A - Reporting Templates: Standard templates for required reports and documentation
8. Appendix B - Contact Details: Key contacts and escalation procedures for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Consumer Goods
Professional Services
Manufacturing
Healthcare
Software and IT
Financial Services
Telecommunications
Media and Entertainment
Food and Beverage
Automotive
Real Estate
Relevant Teams
Sales
Marketing
Legal
Business Development
Commercial
Compliance
Executive Leadership
Brand Management
Partner Relations
Contract Administration
Relevant Roles
Sales Director
Marketing Manager
Business Development Manager
Commercial Director
Channel Manager
Legal Counsel
Chief Marketing Officer
Sales Operations Manager
Partnership Manager
Contract Manager
Chief Executive Officer
Brand Manager
Marketing Director
Sales Manager
Compliance Officer
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