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Resale Price Maintenance Agreement
"I need a Resale Price Maintenance Agreement for my luxury cosmetics brand being distributed through high-end retailers in South Africa, with particular focus on maintaining our premium brand positioning while ensuring compliance with competition laws."
1. Parties: Identification of the supplier/manufacturer and the reseller/distributor, including their registered details and representatives
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Recommended Price', 'Maximum Price', etc.
4. Appointment and Scope: Designation of the reseller and the territory/market in which they may operate
5. Pricing Provisions: Clear stipulation of pricing mechanisms, focusing on permissible practices like suggested retail prices or maximum prices
6. Competition Law Compliance: Explicit acknowledgment of competition law requirements and prohibited practices
7. Supply Terms: Terms and conditions for the supply of products, including ordering process and delivery
8. Quality Control: Standards for product handling, storage, and display
9. Marketing and Promotion: Guidelines for advertising and promotion of products
10. Intellectual Property: Usage rights and restrictions regarding trademarks and other IP
11. Term and Termination: Duration of agreement and circumstances for termination
12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Training and Support: Details of supplier support services - include when significant technical or sales training is required
2. Performance Targets: Sales targets and performance metrics - include when specific performance standards are required
3. Audit Rights: Rights to audit reseller's compliance - include for high-value or sensitive products
4. Data Protection: Provisions for handling customer data - include when personal data is processed
5. Export Control: Export restrictions and compliance - include for international distribution
6. Non-Competition: Restrictions on competing products - include when exclusive distribution is granted
7. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value agreements
1. Product List: Detailed list of products covered by the agreement with specifications
2. Pricing Schedule: List of wholesale prices and recommended retail prices
3. Territory Definition: Detailed description or map of authorized sales territory
4. Quality Standards: Detailed quality control and handling requirements
5. Marketing Guidelines: Specific requirements for product marketing and brand usage
6. Performance Metrics: Detailed performance targets and measurement criteria
7. Compliance Checklist: Competition law compliance guidelines and checklist
Authors
Applicable Laws
Authorized Territory
Business Day
Competition Act
Commencement Date
Confidential Information
Customer
Effective Date
Force Majeure Event
Intellectual Property Rights
Maximum Price
Net Sales
Products
Recommended Retail Price
Related Entities
Resale
Sales Period
Supplier's Marks
Term
Territory
Trade Marks
Marketing Materials
Pricing Guidelines
Quality Standards
Sales Channels
Stock Requirements
Supply Terms
Technical Specifications
Wholesale Price
Scope
Pricing Mechanisms
Competition Law Compliance
Territory Restrictions
Supply Terms
Product Specifications
Quality Standards
Marketing and Promotion
Intellectual Property
Confidentiality
Audit Rights
Record Keeping
Warranties
Indemnification
Term and Duration
Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Waiver
Amendment
Counterparts
Data Protection
Non-Competition
Compliance with Laws
Retail
Consumer Goods
Luxury Goods
Electronics
Automotive
Pharmaceuticals
Fashion and Apparel
Cosmetics
Home Appliances
Sporting Goods
Food and Beverage
Industrial Equipment
Legal
Commercial
Sales
Compliance
Distribution
Retail Operations
Business Development
Supply Chain
Marketing
Finance
Risk Management
Commercial Director
Sales Manager
Legal Counsel
Compliance Officer
Business Development Manager
Distribution Manager
Retail Operations Manager
Channel Manager
Brand Manager
Pricing Analyst
Contract Manager
Competition Law Specialist
Chief Commercial Officer
Supply Chain Manager
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