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Sales And Marketing Agreement
"I need a Sales And Marketing Agreement for my Singapore-based software company to engage a marketing agency to promote our products across Southeast Asia, with performance-based commission structure and strict data protection requirements, starting from March 2025."
1. Parties: Identification and details of the contracting parties (Principal and Sales/Marketing Agent)
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of sales/marketing services
5. Territory and Exclusivity: Geographical scope and exclusivity provisions
6. Compensation: Commission structure, payment terms, and expenses
7. Obligations of the Parties: Responsibilities and duties of both parties
8. Term and Termination: Duration of agreement and termination provisions
9. Confidentiality: Protection of confidential information
10. Governing Law: Applicable law and jurisdiction
1. Performance Targets: Specific sales/marketing targets and KPIs - used when performance-based compensation or continued engagement is tied to specific metrics
2. Training and Support: Details of training and support provided by principal - used when significant product knowledge or training is required
3. Marketing Materials: Provisions regarding creation and approval of marketing materials - used when agent will be creating marketing materials
4. Data Protection: PDPA compliance and data handling requirements - used when personal data processing is involved
5. Non-Competition: Restrictions on competing activities - used when protecting against competition is crucial
1. Schedule 1: Products/Services: Detailed list of products/services covered by the agreement
2. Schedule 2: Commission Structure: Detailed breakdown of commission rates and calculation methods
3. Schedule 3: Territory: Detailed description of geographical territory
4. Schedule 4: Performance Metrics: Detailed KPIs and measurement criteria
5. Schedule 5: Marketing Guidelines: Brand guidelines and marketing requirements
6. Schedule 6: Reporting Templates: Standard forms for performance reporting
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