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Marketing Commission Agreement
"I need a Marketing Commission Agreement for my e-commerce company based in Manila, engaging a marketing agency to promote our products across the Philippines, with a tiered commission structure starting at 5% and increasing based on sales volume, to commence on March 1, 2025."
1. Parties: Identifies and provides full details of the principal company and the marketing agent/representative
2. Background: Explains the context of the agreement, including the principal's business and need for marketing services
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the appointment of the marketer and defines the territorial scope and products/services covered
5. Commission Structure: Details the commission rates, calculation methods, and payment terms
6. Marketing Obligations: Specifies the marketing activities, targets, and performance standards expected
7. Term and Termination: Defines the duration of the agreement and circumstances for termination
8. Confidentiality: Protects confidential information shared during the business relationship
9. Intellectual Property: Addresses the use of trademarks, logos, and other IP in marketing activities
10. Reporting and Records: Outlines reporting requirements and record-keeping obligations
11. Compliance with Laws: Requires adherence to Philippine laws, including marketing and consumer protection regulations
12. Dispute Resolution: Establishes procedures for resolving disputes under Philippine law
13. General Provisions: Includes standard clauses such as notices, amendments, and governing law
1. Non-Compete: Restricts the marketer from promoting competing products/services - include when exclusivity is required
2. Data Protection: Detailed provisions for handling personal data - include when marketing involves data collection
3. Training and Support: Outlines training and resources provided by the principal - include for complex products/services
4. Performance Incentives: Additional bonus structures beyond basic commission - include when offering performance bonuses
5. Marketing Materials: Approval process for marketing materials - include when strict brand control is needed
6. Insurance Requirements: Specific insurance coverage requirements - include for high-risk marketing activities
7. Sub-contractors: Rules for engaging sub-contractors - include when sub-contracting may be needed
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services
2. Territory Definition: Specific geographical areas or market segments covered by the agreement
3. Product/Service List: Comprehensive list of products/services covered by the marketing agreement
4. Marketing Guidelines: Detailed guidelines for brand usage and marketing standards
5. Performance Metrics: Specific KPIs and performance measurement criteria
6. Reporting Templates: Standard forms for regular activity and sales reporting
Authors
Applicable Laws
Business Day
Commission
Confidential Information
Effective Date
Force Majeure
Intellectual Property Rights
Marketing Materials
Marketing Services
Net Sales
Personal Data
Principal
Products
Qualified Lead
Services
Territory
Term
Marketing Representative
Commission Period
Customer
Gross Revenue
Marketing Plan
Performance Metrics
Sales Target
Successful Sale
Commission Rate
Payment Period
Reporting Period
Trademarks
Marketing Channels
Competitive Products
Approved Marketing Methods
Commission Statement
Target Market
Territory
Exclusivity
Commission Structure
Payment Terms
Marketing Obligations
Performance Requirements
Reporting Requirements
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Term and Duration
Termination
Force Majeure
Representations and Warranties
Indemnification
Insurance
Compliance with Laws
Data Protection
Record Keeping
Audit Rights
Assignment
Independent Contractor
Marketing Materials Approval
Brand Usage
Customer Relationships
Training and Support
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Severability
Notices
Counterparts
Retail
E-commerce
Technology
Financial Services
Real Estate
Consumer Goods
Professional Services
Manufacturing
Healthcare
Education
Telecommunications
Tourism and Hospitality
Legal
Marketing
Sales
Business Development
Compliance
Finance
Operations
Commercial
Marketing Director
Sales Manager
Business Development Manager
Chief Marketing Officer
Sales Representative
Marketing Consultant
Channel Partner Manager
Commercial Director
Marketing Agency Owner
Regional Sales Director
Business Development Executive
Contract Manager
Legal Counsel
Compliance Officer
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