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1. Parties: Identification and details of the Principal and the Sole Selling Agent
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the agent and scope of the exclusive selling rights
5. Territory: Definition of the geographical area where the agent has exclusive rights
6. Duration: Term of the agreement, including commencement date and renewal provisions
7. Agent's Rights and Obligations: Detailed responsibilities and rights of the selling agent
8. Principal's Rights and Obligations: Detailed responsibilities and rights of the principal
9. Commission Structure: Details of commission rates, calculation methods, and payment terms
10. Performance Targets: Minimum performance requirements and sales targets
11. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and other IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds and procedures for termination of the agreement
14. Post-Termination Obligations: Obligations of both parties after the agreement ends
15. General Provisions: Standard legal clauses including notices, governing law, etc.
1. Training and Support: Details of training and support provided by the principal to the agent, included when significant training is part of the arrangement
2. Marketing and Promotion: Specific requirements for marketing activities and cost allocation, included when marketing responsibilities need detailed definition
3. Stock Requirements: Minimum stock levels and storage requirements, included when the agent needs to maintain inventory
4. Sub-Agents: Terms for appointing sub-agents, included when sub-agents are permitted
5. Insurance: Specific insurance requirements, included when special insurance coverage is needed
6. Data Protection: Detailed POPIA compliance requirements, included when significant personal data processing is involved
7. Force Majeure: Provisions for unforeseen circumstances, included when specific risk allocation is needed
1. Schedule 1: Products: Detailed list of products covered by the agreement
2. Schedule 2: Commission Rates: Detailed breakdown of commission rates for different products or circumstances
3. Schedule 3: Territory Map: Detailed map or description of the exclusive territory
4. Schedule 4: Performance Metrics: Detailed performance targets and measurement criteria
5. Schedule 5: Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Appendix A: Reporting Templates: Standard templates for sales reports and performance tracking
7. Appendix B: Operating Procedures: Detailed operational procedures and requirements
Applicable Laws
Commencement Date
Commission
Confidential Information
Customers
Effective Date
Force Majeure Event
Initial Term
Intellectual Property Rights
Marketing Materials
Minimum Performance Requirements
Net Sales
Principal
Products
Purchase Order
Quarter
Renewal Term
Sales Report
Selling Agent
Selling Rights
Sub-Agent
Target Market
Term
Territory
Trade Marks
Working Day
Year
ZAR
Territory
Duration
Exclusivity
Commission
Performance Requirements
Reporting
Payment Terms
Product Supply
Marketing
Training
Support
Confidentiality
Intellectual Property
Non-Competition
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Post-Termination
Assignment
Sub-Contracting
Notices
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Data Protection
Compliance
Insurance
Record Keeping
Audit Rights
Manufacturing
Consumer Goods
Industrial Products
Automotive
Electronics
Pharmaceuticals
Agricultural Products
Construction Materials
Machinery and Equipment
Retail
Technology
Food and Beverage
Textiles
Chemical Products
Legal
Sales
Commercial
Business Development
Operations
Distribution
Contract Management
Corporate Affairs
Compliance
Finance
Sales Director
Commercial Director
Business Development Manager
Chief Commercial Officer
Distribution Manager
Sales Manager
Legal Counsel
Contract Manager
Chief Executive Officer
Managing Director
Operations Director
Regional Sales Manager
Territory Manager
Agency Relations Manager
Commercial Contracts Manager
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