Marketing Representation Agreement Template for Philippines

The Marketing Representation Agreement is essential for businesses seeking to establish a formal marketing presence in the Philippines through authorized representatives. This document is particularly relevant when a company (Principal) wishes to engage a local representative to promote their products or services without establishing a direct subsidiary. The agreement, governed by Philippine law, typically includes detailed provisions on territory rights, commission structures, performance metrics, and compliance with local regulations including the Consumer Act of the Philippines and Data Privacy Act. It's commonly used when entering new markets, expanding distribution channels, or restructuring existing marketing arrangements in the Philippines. The agreement must carefully balance the principal's need for market representation with the legal requirements for agency relationships under Philippine commercial law.

1. Parties: Identifies and provides full details of the Principal and the Marketing Representative

2. Background: Sets out the context of the agreement, including the Principal's business and desire for marketing representation

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details the appointment of the Marketing Representative and the territory/market covered

5. Rights and Authority: Specifies what the Marketing Representative is authorized to do on behalf of the Principal

6. Obligations of the Marketing Representative: Lists the duties and responsibilities of the Marketing Representative

7. Obligations of the Principal: Details the Principal's commitments and support to be provided

8. Compensation and Payment Terms: Specifies commission rates, payment schedules, and calculation methods

9. Intellectual Property Rights: Addresses the use of trademarks, logos, and other IP in marketing activities

10. Confidentiality: Protects confidential information exchanged during the relationship

11. Term and Termination: Specifies the duration of the agreement and termination provisions

12. Data Protection: Ensures compliance with Philippine Data Privacy Act requirements

13. Governing Law and Jurisdiction: Establishes Philippine law as governing law and jurisdiction for disputes

14. General Provisions: Contains standard boilerplate clauses including notices, amendments, and severability