This marketing agreement is suitable for intellectual property owner (e.g. software license) appointing marketing agent into new territory. The Agent will be paid a commission as a % the Sales Amount instead of buying on own account. The Agent can also be a sales representative. This agreement is drafted in Neutral Form.
The Principal is a development and management company that, among other things, designs, develops, and licenses solutions for the customer.
The Principal desires that certain of its solutions (the “Principal Products”) be licensed to Customers in a certain territory (the “Territory”) and that Agent act as Principal’s representative in connection with the promotion and sale of the Principal Products in the "Territory" as defined below under the terms and conditions of this Agreement.
The Agent has the ability to act as Principal’s representative in connection with the promotion and sale of the Principal Products in the Territory.
The relationship established between Principal and Agent by this Agreement is only that of Principal and Marketing Agent and Sales Representative. Agent is an independent contractor under this Agreement and will not have the right to assume or create any obligation of any kind, either express or implied, on Principal’s behalf, except as expressly authorised under this Agreement. Nothing in this Agreement will be deemed to establish or otherwise create a relationship of employer and employee between Principal and Agent. Nothing in this Agreement will be deemed to establish or otherwise create a partnership, joint venture, or establishment of any kind between Principal and Agent.
Agent shall be solely responsible for (i) all investments made and expenses incurred in connection with the establishment or operation of its business, including without limitation for the performance of this Agreement, and (ii) all agreements concluded with its employees, representatives, and customers. Agent’s employees shall at all times remain employees of Agent, and Agent shall be solely responsible for their compensation, benefits, and taxes.
marketing agency agreement,
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