Non Exclusive Agency Agreement Template for United States

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Key Requirements PROMPT example:

Non Exclusive Agency Agreement

"I need a Non Exclusive Agency Agreement for appointing multiple sales representatives in the Western United States to sell our software products, with a standard 15% commission structure and quarterly performance reviews starting March 2025."

Document background
The Non-Exclusive Agency Agreement is commonly used when businesses seek to expand their market reach through multiple representatives without committing to exclusive arrangements. This document is particularly relevant in the United States where it must comply with both federal and state agency laws. It typically includes detailed provisions about commission structures, territorial limitations, and performance expectations while protecting both parties' interests. The non-exclusive nature allows principals to maintain relationships with multiple agents, making it particularly suitable for businesses seeking flexible distribution or representation arrangements.
Suggested Sections

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

2. Background: Context of the agreement and business relationship

3. Definitions: Key terms used throughout the agreement

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

5. Term and Termination: Duration of agreement and termination provisions

6. Compensation: Commission structure and payment terms

7. Obligations of the Agent: Agent's duties and responsibilities

8. Obligations of the Principal: Principal's duties and responsibilities

9. Governing Law: Applicable jurisdiction and dispute resolution

Optional Sections

1. Territory: Geographic scope of agency - include when territory needs to be specifically defined

2. Non-Compete: Restrictions on competitive activities - include when protecting against competitive conflicts

3. Intellectual Property: IP rights and usage - include when IP is involved in the agency relationship

4. Insurance: Required insurance coverage - include when specific insurance requirements exist

5. Force Majeure: Provisions for unforeseeable circumstances - include when needed for risk management

Suggested Schedules

1. Commission Schedule: Detailed breakdown of commission rates and calculations

2. Territory Map: Visual representation of geographic territory

3. Product List: List of products/services covered by the agreement

4. Performance Metrics: Specific KPIs and performance requirements

5. Required Forms: Standard forms to be used in agency operations

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

Industries

Federal Agency Common Law: Fundamental principles governing agency relationships, including fiduciary duties, scope of authority, and principal-agent obligations under federal common law

Antitrust Laws: Sherman Act and Clayton Act provisions governing competition and preventing monopolistic practices in agency relationships

Federal Trade Commission Act: Regulations concerning unfair competition and deceptive practices that may affect agency relationships

State Agency Laws: State-specific regulations governing agency relationships, varying by jurisdiction

State Contract Laws: State-specific contract formation, enforcement, and interpretation rules

State Commercial Codes: State-adopted versions of the Uniform Commercial Code affecting commercial agency relationships

Licensing Requirements: State-specific licensing and registration requirements for agents in regulated industries

Consumer Protection Laws: State and federal regulations protecting consumer interests in agency transactions

Industry-Specific Regulations: Specialized rules for specific sectors (e.g., RESPA for real estate, Securities Exchange Act for securities, state insurance regulations)

Employment Classification Laws: Federal and state regulations governing independent contractor classification and employment status

Liability Rules: Tort law principles, vicarious liability rules, and indemnification requirements affecting agency relationships

Termination Regulations: State-specific rules governing contract termination, notice requirements, and post-termination obligations

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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