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Sole Marketing Agreement
"I need a Sole Marketing Agreement for appointing an exclusive marketing agent to promote our pharmaceutical products in Jakarta and Surabaya, Indonesia, starting from March 2025, with strict compliance requirements and quarterly performance targets."
1. Parties: Identification of the principal company and the marketing agent/company
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of exclusive appointment and detailed scope of marketing services
5. Territory: Geographic area covered by the exclusive marketing rights
6. Duration and Term: Period of the agreement, including commencement date and renewal terms
7. Marketing Rights and Obligations: Detailed rights granted and specific obligations of the marketing agent
8. Principal's Obligations: Support, materials, and information to be provided by the principal
9. Performance Targets: Minimum performance requirements and KPIs
10. Compensation and Payment Terms: Fee structure, commission rates, and payment procedures
11. Intellectual Property Rights: Usage rights and restrictions regarding trademarks and marketing materials
12. Confidentiality: Protection of confidential information and trade secrets
13. Non-Competition: Restrictions on competing activities during and after the agreement
14. Termination: Grounds for termination and associated procedures
15. Post-Termination Obligations: Obligations and restrictions following agreement termination
16. Governing Law and Dispute Resolution: Applicable law and method of resolving disputes
1. Digital Marketing Provisions: Specific terms for online marketing activities, required if digital channels are included
2. Sub-contractors: Terms governing the appointment and management of sub-contractors, if permitted
3. Insurance: Insurance requirements and coverage specifications, recommended for high-value agreements
4. Force Majeure: Provisions for unforeseen circumstances, recommended in longer-term agreements
5. Data Protection: Specific provisions for handling customer data, required if personal data processing is involved
6. Marketing Budget: Terms regarding marketing budget allocation and management, for agreements where budget is shared
7. Training and Support: Details of training and support provided, relevant for complex products or services
8. Audit Rights: Rights to audit marketing activities and performance, useful for high-value or complex arrangements
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the marketing agreement
2. Schedule 2 - Territory Map: Detailed definition and/or map of the exclusive territory
3. Schedule 3 - Commission Structure: Detailed commission rates, calculations, and examples
4. Schedule 4 - Performance Metrics: Specific KPIs, targets, and measurement methods
5. Schedule 5 - Marketing Guidelines: Brand guidelines and approved marketing practices
6. Schedule 6 - Reporting Templates: Required report formats and submission schedules
7. Appendix A - Approved Marketing Materials: List or examples of pre-approved marketing materials
8. Appendix B - Contact Details: Key contact persons and communication protocols
Authors
Applicable Laws
Approved Marketing Materials
Business Day
Commencement Date
Confidential Information
Commission
Competition Laws
Customer
Effective Date
Exclusive Territory
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Marketing Activities
Marketing Guidelines
Marketing Materials
Marketing Plan
Marketing Services
Minimum Performance Requirements
Net Sales
Principal
Principal's Products
Performance Period
Performance Targets
Proprietary Information
Quarter
Reporting Period
Revenue
Sales Target
Services
Sub-contractor
Term
Territory
Trademarks
Trade Secrets
Working Hours
Exclusivity
Territory
Term and Duration
Marketing Rights
Marketing Obligations
Performance Requirements
Commission and Payment
Reporting
Intellectual Property
Confidentiality
Non-Competition
Representations and Warranties
Principal's Obligations
Marketing Standards
Compliance
Record Keeping
Quality Control
Sub-contracting
Force Majeure
Termination
Post-Termination
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendments
Indemnification
Insurance
Data Protection
Anti-Corruption
Brand Protection
Marketing Approvals
Consumer Goods
Retail
Manufacturing
Technology
Healthcare
Financial Services
Automotive
Real Estate
Telecommunications
Food and Beverage
Fashion and Apparel
Electronics
Industrial Products
Professional Services
Entertainment and Media
Legal
Marketing
Sales
Business Development
Commercial Operations
Compliance
Finance
Strategy
Brand Management
Corporate Communications
Chief Marketing Officer
Business Development Director
Commercial Director
Marketing Manager
Sales Director
Legal Counsel
Contract Manager
Brand Manager
Regional Sales Manager
Territory Manager
Channel Development Manager
Business Development Manager
Compliance Officer
Marketing Operations Manager
Strategy Director
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