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Standard Agency Agreement Template for New Zealand

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Key Requirements PROMPT example:

Standard Agency Agreement

"I need a Standard Agency Agreement for appointing an exclusive sales agent in the Auckland region to distribute our technology products, with specific performance targets and a 5% commission structure, to commence from March 1, 2025."

Document background
This Standard Agency Agreement is designed for use in New Zealand business contexts where one party (the principal) wishes to appoint another party (the agent) to act on their behalf in business matters. The agreement is particularly relevant for businesses expanding their market reach through agents, distributors, or representatives. It includes essential provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. The document covers crucial aspects such as scope of authority, territory rights, commission structures, performance expectations, and termination rights. This Standard Agency Agreement is suitable for various commercial arrangements, from simple agency relationships to complex distribution networks, and can be customized to accommodate specific industry requirements while maintaining legal compliance.
Suggested Sections

1. Parties: Identifies and provides full legal details of the Principal and the Agent

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope: Establishes the agent's appointment, territory, and scope of authority

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Agent's Duties and Obligations: Details the responsibilities and obligations of the agent

7. Principal's Duties and Obligations: Outlines the responsibilities and obligations of the principal

8. Remuneration and Expenses: Specifies commission rates, payment terms, and reimbursable expenses

9. Intellectual Property: Addresses ownership and usage rights of relevant intellectual property

10. Confidentiality: Defines confidential information and obligations regarding its protection

11. Liability and Indemnity: Sets out the liability framework and indemnification obligations

12. General Provisions: Contains standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Sub-Agents: Include when the agent may need to appoint sub-agents

2. Non-Competition: Include when restricting the agent from competing activities

3. Performance Targets: Include when specific performance metrics need to be met

4. Insurance: Include when specific insurance requirements are needed

5. Data Protection: Include when personal data processing is involved

6. Marketing and Promotion: Include when the agent has specific marketing responsibilities

7. Training and Support: Include when the principal provides specific training or support

8. Stock and Inventory: Include for agreements involving physical goods

Suggested Schedules

1. Schedule 1 - Territory: Defines the geographical area or market segment covered by the agency

2. Schedule 2 - Commission Structure: Details the commission rates, calculation methods, and payment terms

3. Schedule 3 - Products or Services: Lists and describes the products or services covered by the agency

4. Schedule 4 - Reporting Requirements: Specifies the format and frequency of required reports

5. Schedule 5 - Performance Criteria: Details any performance targets and measurement methods

6. Appendix A - Power of Attorney: If required, formal delegation of authority to the agent

7. Appendix B - Standard Operating Procedures: Details specific procedures the agent must follow

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses










































Relevant Industries

Real Estate

Manufacturing

Retail

Distribution

Import/Export

Professional Services

Technology

Financial Services

Insurance

Automotive

Consumer Goods

Agriculture

Construction

Telecommunications

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Compliance

Risk Management

Contract Administration

Distribution

Channel Management

Regional Management

Corporate Affairs

Business Operations

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Manager

Distribution Manager

Channel Manager

Operations Manager

Compliance Officer

Risk Manager

Commercial Manager

Agency Relations Manager

Regional Sales Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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