Seller Agreement Form Template for South Africa

The Seller Agreement Form serves as the foundational contract between platforms/companies and sellers in the South African market. This document is essential when establishing formal selling relationships, whether for physical retail, e-commerce, or hybrid business models. It comprehensively addresses crucial aspects such as commission structures, operational requirements, compliance with South African consumer protection laws, and data privacy regulations. The agreement is designed to protect both parties' interests while ensuring compliance with South African legislation, including the Consumer Protection Act, POPIA, and relevant commercial laws. It's particularly important for businesses expanding their seller networks or launching marketplace platforms in South Africa, providing a clear framework for seller onboarding and ongoing relationship management.

1. Parties: Identifies and provides full details of the contracting parties - the Company (Platform/Marketplace) and the Seller

2. Background: Explains the context of the agreement and the parties' intentions to enter into a selling arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Appointment and Scope: Establishes the seller's appointment and defines the scope of their selling rights and obligations

5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

6. Seller Obligations: Details the seller's responsibilities, including product quality, delivery, and compliance requirements

7. Financial Terms: Outlines pricing, commission structures, payment terms, and financial obligations

8. Compliance and Legal Requirements: Specifies compliance obligations under South African law, including Consumer Protection Act and POPIA

9. Intellectual Property: Addresses ownership and usage rights of trademarks, copyrights, and other intellectual property

10. Confidentiality: Establishes obligations regarding confidential information and trade secrets

11. Warranties and Representations: Sets out warranties provided by the seller regarding products and services

12. Liability and Indemnification: Defines the scope of liability and indemnification obligations

13. Dispute Resolution: Outlines the process for resolving disputes between parties

14. General Provisions: Contains standard boilerplate clauses required under South African law