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Sales And Marketing Agreement
"I need a Sales and Marketing Agreement for appointing an exclusive marketing agency to handle our luxury watch brand's digital marketing and online sales in Switzerland and Germany, with a minimum commitment until March 2025 and specific performance KPIs."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Nature of appointment (exclusive/non-exclusive) and territorial scope
5. Term and Termination: Duration of agreement and termination provisions
6. Marketing Services: Detailed description of marketing services to be provided
7. Sales Obligations: Sales targets, requirements, and processes
8. Compensation: Payment terms, commission structures, and financial arrangements
9. Intellectual Property Rights: Usage rights and protection of trademarks, logos, and marketing materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Swiss data protection laws and data handling procedures
12. Representations and Warranties: Standard guarantees and assurances from both parties
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Product Standards: Used when specific product quality or presentation standards must be maintained
2. Training Requirements: Include when the principal must provide specific training for sales/marketing activities
3. Marketing Budget: When there's a need to specify detailed marketing budget arrangements
4. Minimum Performance Requirements: Include when setting specific sales targets or KPIs
5. Post-Termination Obligations: Used when specific post-contract obligations need to be detailed
6. Insurance Requirements: Include when specific insurance coverage is required
7. Compliance with Industry Regulations: Used for heavily regulated industries or specific sector requirements
8. Sub-contracting Rights: Include when sub-contracting of services needs to be addressed
9. Customer Service Standards: Used when specific customer service levels need to be maintained
1. Territory Description: Detailed description of geographical areas covered
2. Commission Structure: Detailed breakdown of commission rates and calculation methods
3. Products and Services: Complete list of products/services covered by the agreement
4. Marketing Guidelines: Specific requirements for marketing materials and brand usage
5. Performance Metrics: Detailed KPIs and measurement criteria
6. Approved Marketing Materials: List of pre-approved marketing materials and templates
7. Reporting Templates: Standard formats for regular reporting requirements
8. Contact Details: Key personnel and communication protocols
9. Data Processing Agreement: Detailed procedures for handling personal data in compliance with Swiss law
Authors
Applicable Laws
Approved Marketing Materials
Business Day
Commencement Date
Confidential Information
Commission
Customer
Data Protection Laws
Effective Date
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Services
Minimum Performance Requirements
Net Sales
Products
Principal
Quarter
Revenue
Sales Target
Services
Service Provider
Swiss Law
Target Market
Term
Territory
Trademarks
Working Hours
Year
Term and Duration
Territory Rights
Marketing Services
Sales Obligations
Performance Requirements
Commission and Payment
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Reporting and Records
Representations and Warranties
Liability and Indemnification
Force Majeure
Termination
Post-Termination Obligations
Assignment and Sub-contracting
Notices
Entire Agreement
Amendment
Severability
Waiver
Governing Law
Dispute Resolution
Language
Compliance with Laws
Brand Protection
Marketing Standards
Quality Control
Training and Support
Customer Service
Audit Rights
Insurance
Consumer Goods
Retail
Technology
Financial Services
Manufacturing
Pharmaceuticals
Luxury Goods
Professional Services
Software and IT
Telecommunications
Food and Beverage
Fashion and Apparel
Industrial Equipment
Healthcare
Media and Entertainment
Legal
Sales
Marketing
Business Development
Commercial Operations
Compliance
Finance
Contract Administration
Brand Management
Partner Relations
Chief Marketing Officer
Sales Director
Business Development Manager
Marketing Manager
Commercial Director
Legal Counsel
Contract Manager
Account Executive
Brand Manager
Channel Sales Manager
Marketing Operations Manager
Sales Operations Manager
Chief Commercial Officer
Compliance Officer
Partnership Manager
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