独家代理合同英文版

独家代理合同英文版
Exclusive Agency Agreement
This Exclusive Agency Agreement ("Agreement") is made and entered into on [Date] between [Party A], a [Type of Legal Entity] organized and existing under the laws of [Country/Region], with its principal place of business located at [Address], hereinafter referred to as the "Company"; and [Party B], an individual/entity whose details are mentioned hereinbelow, hereinafter referred to as the "Agent".
WHEREAS, the Company desires to engage Agent as its exclusive agent for the [specify product/service] in the [specify region/country]; and
WHEREAS, the Agent desires to accept such appointment as the Company's exclusive agent for the [specify product/service] in the [specify region/country], on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual promises made herein, the parties agree as follows:
1. Appointment
The Company hereby appoints the Agent as its exclusive agent for the sale and promotion of the Company's [specify
product/service] in the [specify region/country] (the "Territory"). The Agent hereby accepts such appointment and agrees to use its best efforts to promote the sale of the [specify product/service] in the Territory.
2. Term
This Agreement shall commence on [Date], and shall continue in full force and effect for a period of [Number] years, unless sooner terminated as provided herein.
3. Territory
The Territory covered by this Agreement shall be as follows: [specify Territory].
4. Duties of Agent
The Agent shall use its reasonable best efforts to promote the [specify product/service] within the Territory and shall:
(a) Demonstrate the [specify product/service] to potential customers in the Territory;
(b) Solicit orders for the [specify product/service] in the Territory;
(c) Provide the Company with regular reports on its marketing and sales activities;
(d) Provide the Company with leads and information on potential customers;
(e) Attend trade shows, exhibitions, and other events, as directed by the Company;
(f) Not to represent, offer for sale, or sell any products that compete with the [specify product/service] during the term of this Agreement; and
(g) Comply with all applicable laws and regulations related to the Agent's activities under this Agreement and the sale and promotion of the [specify product/service] in the Territory.
5. Obligations of the Company
The Company agrees to:
(a) Provide the Agent with a reasonable amount of training and support materials related to the [specify product/service];
(b) Provide the Agent with necessary promotional and advertising materials; and
(c) Pay the Agent a commission on all sales of the [specify product/service] within the Territory, in accordance with the terms set forth in this Agreement.
6. Compensation
(a) The Agent shall be compensated for its services under this Agreement on a commission basis. The commission rate payable to the Agent shall be [Number] percent of the net sales price for all the [specify product/service] sold in the Territory during the term of this Agreement.
(b) The Company shall provide the Agent with a monthly statement of account, showing the total sales, the commission payable, any deductions or set-offs, and any other amounts payable to the Agent hereunder.
7. Confidentiality
The Agent shall keep confidential all proprietary or confidential information provided to it by the Company or obtained by the Agent in its performance under this Agreement, including but not limited to the [specify product/service] specifications, customer lists, marketing strategies, and sales figures.
8. Termination
This Agreement may be terminated by either party upon [Amount of Notice] days written notice to the other party, or immediately upon the occurrence of any of the following events:
(a) A material breach by either party of any of the terms or conditions of this Agreement, which breach is not cured within [Number] days after written notice from the non-breaching party;
(b) The bankruptcy, insolvency, or other inability to pay debts of either party;
(c) A change in the control of either party; or
(d) The Agent's failure to meet its sales targets for two consecutive quarters.
9. Governing Law/Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China. Any dispute arising out of or in connection with this Agreement shall be settled by way of arbitration in accordance with the Arbitration Rules of China International Economic and Trade Arbitration Commission.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings, and agreements, whether oral or written.
11. Amendments
This Agreement may not be amended or modified except in writing signed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
[Party A]
Name:
Title:
Address:
[Party B]
Name: Title: Address:。