Exclusive Marketing Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Exclusive Marketing Agreement

"I need an Exclusive Marketing Agreement for my tech company appointing a Saudi agent to market our software products in Riyadh and Jeddah, with specific digital marketing KPIs and a minimum revenue requirement of 2M SAR for 2025."

Document background
The Exclusive Marketing Agreement is essential for businesses seeking to establish controlled marketing channels in Saudi Arabia through authorized agents. This document is particularly relevant when a company wants to grant exclusive rights to market and promote its products or services in specific Saudi territories while maintaining brand control and ensuring compliance with local regulations. The agreement must comply with Saudi Arabian Commercial Agency Law and Shariah principles, making it distinct from similar agreements in other jurisdictions. It typically includes comprehensive provisions for marketing activities, performance standards, territorial restrictions, and commission structures, while addressing specific Saudi legal requirements such as commercial registration and ministry approvals. This type of agreement is commonly used when entering the Saudi market through local partners or when restructuring existing marketing arrangements to ensure exclusivity.
Suggested Sections

1. Parties: Identification of the principal company and the exclusive marketing agent, including full legal names, commercial registration numbers, and authorized representatives

2. Background: Context of the agreement, business objectives, and confirmation that parties have authority to enter into the agreement

3. Definitions: Key terms used throughout the agreement, including Territory, Products/Services, Marketing Materials, Exclusivity Period

4. Appointment and Scope: Grant of exclusive marketing rights, definition of territory, and scope of marketing activities

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Marketing Obligations: Specific marketing activities, minimum requirements, and performance standards

7. Exclusivity Provisions: Terms of exclusivity, restrictions on both parties, and any carved-out exceptions

8. Financial Terms: Commission structure, payment terms, expenses, and reporting requirements

9. Intellectual Property Rights: Usage rights for trademarks, branding guidelines, and ownership of marketing materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Representations and Warranties: Standard warranties and specific representations regarding capacity and authority

12. Termination: Grounds for termination, notice requirements, and consequences of termination

13. Governing Law and Dispute Resolution: Saudi law as governing law and dispute resolution mechanisms

Optional Sections

1. Minimum Performance Requirements: Specific sales targets or marketing metrics, used when principal wants to ensure minimum performance standards

2. Digital Marketing Provisions: Specific provisions for online marketing activities, needed when digital marketing is a significant component

3. Training and Support: Details of training and support provided by principal, included when significant product/service knowledge is required

4. Insurance Requirements: Specific insurance coverage requirements, included for high-risk marketing activities

5. Non-Competition: Post-termination restrictions on competition, included when protecting market position is crucial

6. Compliance with Shariah: Specific provisions ensuring compliance with Islamic principles, included when explicitly required by parties

7. Force Majeure: Provisions for unforeseen circumstances, included when requested by parties or in volatile markets

Suggested Schedules

1. Territory Definition: Detailed description of geographical areas covered by exclusivity

2. Products/Services: Comprehensive list of products/services covered by the marketing agreement

3. Commission Structure: Detailed breakdown of commission rates and calculation methods

4. Marketing Guidelines: Brand guidelines, approved marketing methods, and materials

5. Performance Metrics: Specific KPIs and measurement criteria

6. Approved Sub-agents: List of approved sub-agents if permitted under the agreement

7. Required Reports: Templates and formats for required marketing and performance reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Consumer Goods

Retail

Technology

Healthcare

Industrial Products

Automotive

Luxury Goods

Electronics

Fashion

Food and Beverage

Construction Materials

Telecommunications

Professional Services

Software and IT

Relevant Teams

Legal

Marketing

Sales

Business Development

Commercial

Compliance

Operations

Finance

International Business

Corporate Affairs

Relevant Roles

Commercial Director

Marketing Director

Business Development Manager

Legal Counsel

Compliance Officer

Sales Director

Channel Manager

Regional Manager

Chief Commercial Officer

Marketing Manager

Contract Manager

Business Development Director

Chief Executive Officer

General Manager

Country Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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