Agency Master Services Agreement Template for Australia

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Key Requirements PROMPT example:

Agency Master Services Agreement

"I need an Agency Master Services Agreement for my Australian technology company to appoint sales agents across New South Wales and Victoria, with specific provisions for software licensing and data protection compliance, to be effective from March 2025."

Document background
The Agency Master Services Agreement serves as the primary contractual framework for businesses engaging agents to represent them in the Australian market. This document is essential when a company (principal) wishes to appoint another entity (agent) to act on its behalf for various business activities while maintaining control over the relationship and ensuring compliance with Australian regulations. The agreement covers crucial aspects such as scope of authority, compensation, compliance requirements, risk allocation, and operational procedures. It is particularly valuable for long-term agency relationships where the scope of services may evolve over time, as it provides a master framework that can be supplemented with specific service schedules. The agreement incorporates Australian legal requirements, including those related to consumer protection, privacy, and fair trading practices.
Suggested Sections

1. Parties: Identification of the principal and agent, including full legal names and ABNs

2. Background: Context of the agreement and general business relationship

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Formal appointment of agent and scope of authority

5. Term: Duration of the agreement, including commencement date and renewal provisions

6. Agent's Obligations: Core duties, service standards, and compliance requirements

7. Principal's Obligations: Support, information, and resources to be provided by the principal

8. Fees and Commission: Payment terms, commission structure, and billing procedures

9. Compliance and Reporting: Regulatory compliance requirements and reporting obligations

10. Intellectual Property: Ownership and usage rights of IP created or used during the agency

11. Confidentiality: Protection of confidential information and trade secrets

12. Privacy: Handling of personal and business information in compliance with Privacy Act

13. Liability and Indemnity: Risk allocation, limitations of liability, and indemnification

14. Insurance: Required insurance coverage and minimum limits

15. Termination: Grounds for termination and termination procedures

16. Post-Termination Obligations: Obligations surviving termination and wrap-up procedures

17. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Marketing and Branding: Guidelines for use of principal's branding and marketing materials - include when agent will be involved in marketing activities

2. Territory: Geographic or market segment limitations - include when agent's authority is limited to specific areas

3. Performance Targets: Specific KPIs and performance measures - include when performance-based compensation is used

4. Sub-Agents: Terms for appointment and management of sub-agents - include when sub-agents are permitted

5. Data Security: Specific data protection requirements - include when handling sensitive data or subject to specific security requirements

6. Force Majeure: Provisions for unforeseen circumstances - include when long-term or high-value relationship

7. Non-Compete: Restrictions on competitive activities - include when sharing sensitive market information or strategies

8. Training Requirements: Specific training and certification requirements - include when technical or regulated services are provided

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services to be provided by the agent

2. Schedule 2 - Fee Schedule: Detailed fee structure, commission rates, and calculation methods

3. Schedule 3 - Service Levels: Specific performance standards and service level requirements

4. Schedule 4 - Compliance Requirements: Detailed regulatory and compliance obligations

5. Schedule 5 - Approved Sub-Agents: List of approved sub-agents and their scope of authority

6. Schedule 6 - Territory Description: Detailed description of geographic or market territory

7. Schedule 7 - Reporting Requirements: Templates and requirements for regular reporting

8. Appendix A - Operating Procedures: Detailed operational procedures and guidelines

9. Appendix B - Brand Guidelines: Principal's branding and marketing guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Financial Services

Insurance

Real Estate

Manufacturing

Distribution

Retail

Technology

Professional Services

Healthcare

Construction

Import/Export

Telecommunications

Media and Entertainment

Travel and Tourism

Education

Relevant Teams

Legal

Compliance

Commercial

Sales

Business Development

Operations

Finance

Risk Management

Procurement

Partner Relations

Relevant Roles

Chief Executive Officer

Commercial Director

Legal Counsel

Compliance Officer

Business Development Manager

Sales Director

Operations Manager

Contract Manager

Risk Manager

Finance Director

Channel Manager

Partnership Manager

Agency Relations Manager

Commercial Manager

General 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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