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Agreement Between Principal And Agent
"I need an Agreement between Principal and Agent for appointing an exclusive sales representative in France and Germany to sell our medical devices, with the agreement to commence on March 1, 2025, including specific performance targets and compliance with EU medical device regulations."
1. Parties: Identification of the Principal and Agent, including full legal names, registered addresses, and company registration numbers if applicable
2. Background: Context of the agreement, brief description of the Principal's business, and the purpose of appointing the Agent
3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Products/Services, Commission, etc.
4. Appointment and Scope: Terms of the Agent's appointment, whether exclusive or non-exclusive, and the territorial scope of the agency
5. Duration and Termination: Term of the agreement, renewal provisions, and circumstances under which either party may terminate
6. Agent's Rights and Obligations: Detailed description of the Agent's duties, responsibilities, and authority limits
7. Principal's Rights and Obligations: Principal's commitments, support to be provided, and information to be furnished to the Agent
8. Commission and Payment Terms: Commission structure, calculation method, payment terms, and conditions for commission entitlement
9. Reporting and Accounting: Requirements for activity reports, sales records, and financial accounting
10. Intellectual Property: Usage rights and restrictions regarding the Principal's trademarks, logos, and other IP
11. Confidentiality: Obligations regarding confidential information and trade secrets
12. Post-Termination: Rights and obligations that survive termination, including commission on pipeline transactions
13. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Non-Compete: Restrictions on Agent's activities during and after the agreement - include when the Principal requires exclusivity or protection of market position
2. Performance Targets: Specific sales or performance targets - include when the Principal wants to set measurable objectives
3. Training and Support: Details of training and support provided by Principal - include when significant training or support is part of the arrangement
4. Insurance: Insurance requirements and obligations - include when the Agent's activities require specific insurance coverage
5. Data Protection: GDPR and data protection obligations - include when personal data processing is involved
6. Sub-Agents: Rights and restrictions regarding appointment of sub-agents - include when sub-agents might be needed
7. Marketing and Promotion: Specific marketing obligations and restrictions - include when the Agent has marketing responsibilities
8. Indemnity/Compensation: Specific indemnity or compensation arrangements - include when special risk allocation is needed
1. Schedule 1 - Territory: Detailed description of the geographical territory covered by the agency
2. Schedule 2 - Products/Services: Comprehensive list of products or services the Agent is authorized to promote/sell
3. Schedule 3 - Commission Structure: Detailed commission rates, calculation methods, and examples
4. Schedule 4 - Reporting Templates: Templates for required regular reports and documentation
5. Schedule 5 - Performance Metrics: Detailed performance targets and measurement criteria
6. Appendix A - Principal's Branding Guidelines: Guidelines for use of Principal's branding and marketing materials
7. Appendix B - Operating Procedures: Detailed procedures for order processing, customer service, etc.
Authors
Agency Services
Agent
Applicable Laws
Business Day
Commencement Date
Commission
Confidential Information
Control
Customer
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Net Sales
Orders
Pipeline Transactions
Principal
Products
Professional Standards
Proprietary Information
Quarter
Records
Reports
Services
Sub-Agent
Term
Territory
Trademarks
Trade Secrets
Working Hours
Year
Agreed Commission Rate
Minimum Performance Requirements
Operating Procedures
Payment Terms
Performance Targets
Principal's Property
Restricted Information
Sales Target
Termination Date
Transaction
Authority
Territory
Duration
Termination
Commission
Payment Terms
Obligations
Performance Requirements
Reporting
Confidentiality
Non-Competition
Intellectual Property
Data Protection
Insurance
Indemnification
Force Majeure
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Governing Law
Dispute Resolution
Compliance
Sub-Contracting
Records and Audits
Training
Marketing
Customer Service
Product Standards
Warranties
Post-Termination
Good Faith
Best Practices
Exclusivity
Manufacturing
Retail
Technology
Financial Services
Real Estate
Professional Services
Consumer Goods
Industrial Products
Pharmaceuticals
Software and IT
Transportation and Logistics
Import/Export
Agriculture
Construction
Legal
Sales
Business Development
Commercial
Operations
Compliance
Finance
Executive Leadership
Contract Administration
International Business
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Agent
Managing Director
Operations Director
Commercial Manager
Compliance Officer
Chief Executive Officer
Sales Representative
Business Development Director
Regional Manager
Channel Manager
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