The Sales And Marketing Agency Agreement is essential when a company wishes to engage external sales or marketing representation in the United States market. This document establishes the formal relationship between the principal company and the agency, covering crucial aspects such as territory rights, commission structures, performance metrics, and compliance requirements. It's particularly important in ensuring clarity of roles, protecting intellectual property, and maintaining compliance with federal and state regulations. The agreement should be customized based on specific business needs while adhering to relevant U.S. legal requirements.
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1. Parties: Identification and details of the principal company and the sales/marketing agency
2. Background: Context of the agreement and brief description of both parties' business activities
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of agency appointment and detailed scope of services
5. Territory and Exclusivity: Geographical coverage and exclusivity terms
6. Commission Structure: Payment terms, commission rates, and calculation methods
7. Obligations of the Agent: Agent's responsibilities and performance requirements
8. Obligations of the Principal: Principal's responsibilities and support commitments
9. Term and Termination: Duration of agreement and termination provisions
10. Confidentiality: Protection of confidential information
1. Marketing Budget: Details of marketing spend and cost sharing arrangements between parties
2. Performance Targets: Specific sales or marketing goals and performance-based incentives
3. Training Requirements: Required training specifications for agency staff when specialized product knowledge is needed
4. Intellectual Property: IP ownership and usage rights for brand assets or creative works
5. Data Protection: Data handling and privacy requirements for personal data processing
1. Commission Schedule: Detailed breakdown of commission rates and calculations
2. Territory Map: Geographical representation of assigned territory
3. Product List: List of products/services covered by the agreement
4. Performance Metrics: Detailed KPIs and measurement criteria
5. Marketing Guidelines: Brand guidelines and marketing requirements
6. Reporting Templates: Standard formats for performance reporting
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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