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Direct Selling Agent Agreement
"I need a Direct Selling Agent Agreement for our Mumbai-based financial services company, compliant with latest RBI guidelines, to appoint DSAs for selling insurance and investment products starting January 2025, with strict compliance and data protection provisions."
1. Parties: Identification and details of the principal company and the Direct Selling Agent
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of DSA and detailed scope of authorized activities
5. Term and Territory: Duration of the agreement and geographical area of operation
6. Rights and Obligations of DSA: Detailed responsibilities, duties, and permitted activities of the DSA
7. Rights and Obligations of Principal: Company's responsibilities, support provisions, and obligations
8. Compensation and Payment Terms: Commission structure, payment schedule, and related terms
9. Compliance Requirements: Regulatory compliance obligations, including RBI guidelines and direct selling rules
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Handling of customer data and compliance with data protection laws
12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and customer/employee solicitation
13. Termination: Grounds and procedure for termination of the agreement
14. Post-Termination Obligations: Duties and responsibilities after agreement termination
15. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Training and Support: Details of training programs and ongoing support, required if principal provides extensive training
2. Performance Targets: Specific sales targets and performance metrics, useful for performance-linked compensation
3. Insurance Requirements: Specific insurance coverage requirements, important for high-value products or services
4. Marketing and Branding: Guidelines for use of company branding and marketing materials, needed if DSA handles marketing
5. Sub-Agents: Terms for appointment and management of sub-agents, if permitted
6. Digital Operations: Specific provisions for online selling and digital platforms, if applicable
7. Inventory Management: Rules for handling product inventory, required if physical products are involved
8. Dispute Resolution: Alternative dispute resolution mechanisms like arbitration or mediation
1. Schedule A - Product List: Detailed list of products/services the DSA is authorized to sell
2. Schedule B - Commission Structure: Detailed breakdown of commission rates and calculation methods
3. Schedule C - Territory Details: Specific geographical boundaries and any territory-specific terms
4. Schedule D - Performance Metrics: Detailed KPIs and performance evaluation criteria
5. Schedule E - Compliance Checklist: Specific regulatory compliance requirements and procedures
6. Schedule F - Standard Operating Procedures: Detailed operational procedures and guidelines
7. Appendix 1 - Required Documentation: List of mandatory documents and forms
8. Appendix 2 - Training Manual: Training requirements and procedures
9. Appendix 3 - Marketing Guidelines: Detailed marketing and brand usage guidelines
Authors
Applicable Law
Approved Products
Authorized Territory
Business Day
Commission
Confidential Information
Customer
Direct Selling
Direct Selling Rules
Effective Date
Force Majeure
Intellectual Property Rights
KYC Documents
Marketing Materials
Net Sales
Performance Metrics
Personal Data
Principal
Products
Prohibited Activities
Regulatory Approvals
RBI Guidelines
Sales Target
Services
Sub-Agent
Target Market
Term
Territory
Trade Secrets
Training Materials
Working Hours
Code of Conduct
Customer Complaints
Data Protection Laws
Direct Selling Entity
Marketing Plan
Operating Procedures
Performance Period
Remuneration
Sales Documentation
Sales Network
Termination Date
Term and Duration
Territory
Scope of Authority
Regulatory Compliance
Performance Obligations
Commission and Payment
Training Requirements
Reporting Requirements
Representations and Warranties
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Intellectual Property
Indemnification
Insurance
Force Majeure
Termination
Post-Termination Obligations
Assignment
Notices
Governing Law
Dispute Resolution
Amendment
Severability
Entire Agreement
Customer Protection
Marketing and Branding
Records Maintenance
Audit Rights
Sub-Contracting
Code of Conduct
Product Handling
Sales Targets
KYC Compliance
Banking
Financial Services
Insurance
Consumer Goods
Real Estate
Telecommunications
Healthcare Products
Direct Selling Industry
Retail
Technology Products
Legal
Sales
Compliance
Business Development
Channel Management
Operations
Risk Management
Commercial
Distribution
Partner Management
Contract Administration
Sales Director
Legal Counsel
Compliance Officer
Business Development Manager
Channel Sales Manager
Direct Selling Agent
Sales Operations Manager
Territory Manager
Regional Sales Head
Distribution Network Manager
Contract Manager
Risk Management Officer
Chief Commercial Officer
Sales Compliance Manager
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