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Sales And Marketing Agreement Template for Singapore

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Key Requirements PROMPT example:

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."

Document background
The Sales And Marketing Agreement is essential for businesses operating in Singapore seeking to formalize their sales and marketing arrangements. This document is particularly relevant when a company wants to engage external parties for sales and marketing activities while maintaining control over their brand and commercial interests. The agreement ensures compliance with Singapore's legal framework, including data protection requirements, competition laws, and advertising regulations. It typically includes detailed provisions for compensation, territory rights, performance expectations, and intellectual property protection.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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









































Industries

Contract Law (Chapter 53): Primary legislation governing contract formation, terms, and enforcement in Singapore, including common law principles

Sale of Goods Act (Chapter 393): Regulates contracts for the sale of goods, defining rights and obligations of buyers and sellers

Consumer Protection (Fair Trading) Act (Chapter 52A): Protects consumers against unfair practices and provides additional consumer rights

Personal Data Protection Act 2012: Governs the collection, use, disclosure and care of personal data in Singapore

Spam Control Act 2007: Regulates the sending of unsolicited commercial electronic messages and spam

Broadcasting Act: Regulates broadcasting services and digital marketing content in Singapore

Singapore Code of Advertising Practice: Guidelines for ethical advertising and marketing practices in Singapore

Competition Act (Chapter 50B): Prohibits anti-competitive practices and promotes market competition

Unfair Contract Terms Act: Controls the use of unfair terms in contracts and protects against unreasonable contract conditions

Trade Marks Act (Chapter 332): Protects registered trademarks and regulates their use in marketing and sales

Copyright Act (Chapter 63): Protects original works and regulates their use in marketing materials

Patents Act (Chapter 221): Protects patented inventions and innovations that may be relevant to the products being marketed

Electronic Transactions Act: Provides legal foundation for electronic transactions and digital contracts

Cybersecurity Act 2018: Establishes framework for protection of computer systems and regulation of cybersecurity services

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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