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 favour of the Principal.

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.

Agent accepts the appointment to be Principal’s non-exclusive Marketing Agent and non-exclusive Sales Representative in the Territory for the Term of this Agreement. 

Agent shall not act as Principal’s Marketing Agent or Sales Representative outside the Territory, including without limitation by promoting, selling, or offering for sale, either directly or indirectly, the Principal Products, without Principal’s prior written consent. All inquiries concerning the Principal Products that are received by Agent and that originate from prospective purchasers outside the Territory must be referred to Principal within three (3) business days from the date on which Agent receives the inquiry.

Agent shall not promote, sell or offer for sale, either directly or indirectly, the Principal Products to any purchaser if the purchaser intends to resell the Principal Products or export the Principal Products outside of the Territory, or is not the intended end user of the Principal Products, without Principal’s prior written consent. Agent must notify Principal of any information concerning such a purchaser within three (3) business days from the date on which Agent learns of the information.