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Agency Fee Agreement
"I need an Agency Fee Agreement for appointing a Malaysian sales agent to represent my Singapore-based technology company in Kuala Lumpur, with a tiered commission structure starting from March 2025 and including strict performance targets."
1. Parties: Identifies and provides full details of the Principal and Agent, including registration numbers and registered addresses
2. Background: Explains the context of the agreement and the parties' intention to enter into an agency relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope: Details the appointment of the agent and defines the scope of authority and services to be provided
5. Duration: Specifies the term of the agreement, including start date and any renewal provisions
6. Agent's Duties and Responsibilities: Outlines the specific obligations and responsibilities of the Agent
7. Principal's Duties and Responsibilities: Details the obligations and commitments of the Principal
8. Fees and Payment Terms: Specifies the fee structure, calculation method, payment schedule, and any conditions for payment
9. Performance Standards: Sets out the expected service levels and performance metrics
10. Confidentiality: Establishes obligations regarding confidential information handling
11. Termination: Details the circumstances and process for terminating the agreement
12. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for disputes
13. General Provisions: Contains standard boilerplate clauses including notices, entire agreement, and amendments
1. Non-Competition: Restricts the Agent from competing activities - include when protecting market position is crucial
2. Intellectual Property: Addresses IP rights and usage - include when the agency involves branded materials or creative works
3. Insurance: Specifies required insurance coverage - include for high-risk activities or regulatory requirements
4. Data Protection: Details data handling requirements - include when personal data processing is involved
5. Force Majeure: Addresses unforeseen circumstances - include when continuity of service is critical
6. Assignment and Subcontracting: Controls ability to transfer rights or delegate duties - include when restricting these actions is important
7. Compliance with Laws: Specifies regulatory compliance requirements - include for regulated industries
8. Dispute Resolution: Details alternative dispute resolution procedures - include when wanting to avoid court proceedings
1. Schedule 1 - Service Specifications: Detailed description of services to be provided by the Agent
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission rates, and calculation methods
3. Schedule 3 - Performance Metrics: Specific KPIs and performance measurement criteria
4. Schedule 4 - Territories: Geographic areas covered by the agency agreement
5. Schedule 5 - Approved Sub-agents: List of pre-approved sub-agents if applicable
6. Appendix A - Required Reports: Templates and specifications for required reporting
7. Appendix B - Communication Protocols: Procedures for routine communications and escalations
Authors
Agent
Agency Services
Business Day
Commencement Date
Commission
Confidential Information
Contract Period
Effective Date
Fees
Force Majeure Event
Governing Law
Identity Card
Intellectual Property Rights
Material Breach
Notice
Party
Performance Standards
Principal
Products
Purchase Order
Ringgit Malaysia
Services
Service Territory
Term
Termination Date
Transaction
Working Hours
Authority
Term and Duration
Scope of Services
Agent Obligations
Principal Obligations
Commission Structure
Payment Terms
Performance Standards
Representations and Warranties
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Record Keeping
Reporting
Audit Rights
Insurance
Indemnification
Liability Limitation
Force Majeure
Termination
Post-Termination Obligations
Assignment
Subcontracting
Notice
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Data Protection
Compliance with Laws
Anti-Bribery
Language
Time of Essence
Retail
Real Estate
Insurance
Financial Services
Manufacturing
Import/Export
Technology
Healthcare
Tourism
Professional Services
Consumer Goods
Telecommunications
Education
Advertising and Marketing
Legal
Commercial
Business Development
Sales
Finance
Compliance
Operations
Risk Management
Contract Administration
Corporate Secretarial
Commercial Director
Business Development Manager
Legal Counsel
Compliance Officer
Sales Director
Operations Manager
Contract Manager
Chief Financial Officer
Agency Relations Manager
Risk Manager
Partnership Manager
Regional Sales Manager
Managing Director
Company Secretary
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