Sales and Marketing Agency Agreement (services)

This Sales and Marketing Agency Agreement template is designed to formalise the relationship between a principal and an agent, where the agent is appointed to market and procure orders for the principal's services on a non-exclusive basis.  The agreement outlines the roles, responsibilities, and obligations of both parties, ensuring clarity and mutual understanding. Key provisions include definitions and interpretation, commencement and term, appointment and scope, rights and duties of both the principal and the agent, sales targets, commission structure, and compliance with anti-bribery and anti-tax evasion laws. Additionally, the template addresses intellectual property rights, data protection, confidentiality, and termination conditions. It also includes clauses on limitation of liability, dispute resolution, and force majeure. This template is particularly pro-agent, offering protections and benefits such as audit rights, indemnities, and capped liabilities. It is suitable for use where the agent operates within the UK, and the Commercial Agents Regulations do not apply.  This comprehensive agreement ensures both parties are well-protected and their business relationship is clearly defined. 

Publisher’s Notice:

Note: This publication does not necessarily deal with every important topic, nor cover every aspect of the topics with which it deals. Templates do not include or provide legal or other advice to users. They are designed to provide a head-start to the development of a commercial agreement and are not the finished article. They require careful reading, analysis and customisation in order to meet the particular needs of the parties to the document. 

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