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Sales Agency Agreement With Trademarks protection

This template is a comprehensive Sales Agency Agreement designed for businesses engaging agents to sell their products while ensuring the protection of their trademarks within a Southern African business context.

Updated 17d ago
sales agreementagency agreementtrademark protectionsouthern Africabusiness lawcontract

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Sales Agency Agreement With Trademarks protection

Sales Agency Agreement With Trademarks protection

1. APPOINTMENT OF AGENT

The Principal hereby appoints the Agent as its non-exclusive sales agent for the sale of the Products within the Territory, and the Agent accepts such appointment.

The Agent shall use its best endeavours to promote and sell the Products and shall not act in any manner which may be detrimental to the Principal's interests.

2. TERM AND TERMINATION

This Agreement shall commence on {{start_date}} and shall continue for a period of {{term_duration}} unless terminated earlier in accordance with the provisions of this Agreement.

Either party may terminate this Agreement by giving {{notice_period}} days written notice to the other party.

Upon termination of this Agreement, the Agent shall promptly return all samples, confidential information, and other property belonging to the Principal.

3. AGENT'S RESPONSIBILITIES

The Agent shall be responsible for all costs and expenses incurred in the performance of its duties, including but not limited to travel, accommodation, and marketing expenses.

The Agent shall maintain accurate records of all sales and provide the Principal with regular reports as agreed upon in writing.

4. PRINCIPAL'S RESPONSIBILITIES

The Principal shall provide the Agent with all necessary product information, marketing materials, and training to enable the Agent to perform its duties effectively.

The Principal shall pay the Agent commission on all sales generated by the Agent in accordance with the commission structure outlined in Schedule A.

5. TRADEMARK USAGE AND PROTECTION

The Principal grants the Agent a non-exclusive, non-transferable license to use the Principal's trademarks, trade names, and logos (collectively, the 'Trademarks') solely in connection with the promotion and sale of the Products within the Territory during the term of this Agreement.

The Agent acknowledges that all rights, title, and interest in and to the Trademarks are and shall remain the exclusive property of the Principal. The Agent shall not acquire any right, title, or interest in the Trademarks by virtue of this Agreement or its use of the Trademarks.

The Agent undertakes not to register or attempt to register any of the Trademarks or any marks confusingly similar thereto, and not to challenge the validity of the Trademarks or the Principal's ownership thereof.

The Agent shall promptly notify the Principal of any actual or potential infringement of the Trademarks that comes to its attention and shall provide all reasonable assistance to the Principal in enforcing its rights.

6. CONFIDENTIALITY

The Agent acknowledges that during the course of this Agreement, it may have access to confidential information belonging to the Principal. The Agent agrees to keep all such information strictly confidential and not to disclose it to any third party without the prior written consent of the Principal.

This confidentiality obligation shall survive the termination of this Agreement.

7. INDEMNIFICATION

Each party (the 'Indemnifying Party') shall indemnify and hold harmless the other party (the 'Indemnified Party') from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach by the Indemnifying Party of its obligations under this Agreement.

8. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of {{country_name}}.

Any dispute arising out of or in connection with this Agreement shall be referred to arbitration in accordance with the rules of {{arbitration_body}}.

9. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral, relating to the subject matter hereof.

10. SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Sales Agency Agreement on the date first above written.

FOR THE PRINCIPAL:

___________________________

Name: {{principal_name}}

Title: {{principal_title}}

FOR THE AGENT:

___________________________

Name: {{agent_name}}

Title: {{agent_title}}

Date: {{signature_date}}

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