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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."
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
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
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
Affiliate
Approved Marketing Materials
Business Day
Commencement Date
Confidential Information
Commercial Registration
Commission
Competitor
Customers
Digital Marketing Services
Effective Date
Event of Default
Exclusivity Period
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Marketing Activities
Marketing Plan
Marketing Services
Minimum Performance Requirements
Net Sales
Notice
Parties
Principal
Principal's Products
Protected Information
Quarter
Reporting Period
Revenue
Saudi Law
Services
Shariah Compliant
Sub-Agent
Target Market
Term
Territory
Trademarks
Traditional Marketing Services
Year
Exclusivity
Territory
Term and Renewal
Marketing Services
Performance Standards
Financial Terms
Commission
Payment
Intellectual Property
Confidentiality
Non-Competition
Representations and Warranties
Compliance
Reporting
Record Keeping
Quality Control
Training
Sub-Contracting
Force Majeure
Limitation of Liability
Indemnification
Insurance
Termination
Post-Termination Obligations
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Waiver
Language
Counterparts
Consumer Goods
Retail
Technology
Healthcare
Industrial Products
Automotive
Luxury Goods
Electronics
Fashion
Food and Beverage
Construction Materials
Telecommunications
Professional Services
Software and IT
Legal
Marketing
Sales
Business Development
Commercial
Compliance
Operations
Finance
International Business
Corporate Affairs
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
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