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Agency Agreement
In an ever-progressing society, protocols are closely related to our lives. Protocols coordinate the relationships between people and between people and things. How should an agreement be drafted? Below are 5 agency agreements that I have collected for everyone. They are for reference only. Let’s take a look. Agency Agreement Part 1
Party A: xx
Party B:
After friendly negotiation, Party A and Party B have authorized Party B to be the exclusive agent for xx flooring products. , the following terms have been reached, and both parties must abide by them.
Article 1 Agency Products and Regions
Party A agrees to grant Party B the exclusive agency rights for xx floor reinforcement materials, xx floor release powder, and xx floor protective agents. Party B Exclusive agent for the above products in ———— region.
Article 2 Cooperation Methods and Conditions
1. Party A shall provide Party B with relevant technical training and training materials.
2. Party A must ensure the supply of products to Party B.
3. Party A provides Party B with an exclusive agent guarantee in the region, and Party B shall not sell Party A's products in non-agent areas without authorization.
4. Party B should actively maintain the good reputation of the "xx floor" brand.
Article 3 Price and Payment
1. The payment method for the products ordered by Party B is delivery upon payment.
2. The price of xx** flooring materials provided by Party A to Party B is ---- yuan per square meter.
3. If Party A needs to adjust product prices, it must notify Party B seven working days in advance.
Article 4 Ordering/Delivery/Inspection
1. Each time an order is placed, Party B will fax the purchase order to Party A, and Party A will send it back to Party B after confirmation.
2. Party A shall deliver the goods according to the location and quantity specified on Party B’s fax.
3. If the color or quality of the goods sent by Party A does not match the order content, Party B will notify Party A in writing to make corrections within seven working days from the date of receipt.
Article 5 Quality/Technical Services
1. The quality of the products provided by Party A to Party B is guaranteed.
2. Party B must carry out construction according to the construction techniques taught by Party A’s instructors.
Article 6 Confidentiality
Party B shall not disclose to third parties any information it knows about Party A’s business methods or other information that Party A considers should be kept confidential.
Article 7 Liability for Breach of Contract/Termination Clause
If both parties violate the above agreement during the cooperation period, the breaching party shall bear all liability for breach of contract resulting therefrom, and the other party shall have right to terminate the contract.
Article 8 Dispute Resolution
All disputes arising from the contract or execution shall be resolved through negotiation between the parties or handled by the people's court with jurisdiction over both parties.
Article 9 Agreement Period
This agreement is valid for ----- months, from ------ to ---------- .
Party A: xx Party B:
Legal representative: Legal representative:
Contractor: Contractor:
Date: Date: Agency Agreement Part 2
Party A: __________________ Party B: __________________
Address: _____________ Address: _____________
Telephone: __________________ Telephone: _____________
< p> Party A entrusts Party B to recruit talents as an agent and conclude a contract on relevant matters. The purpose is to determine the rights and obligations of Party A and Party B. ***Both parties agree to abide by the following terms:1. Headhunting entrustment
1. Party A agrees to entrust Party B to recruit _____________, _____________ and other positions.
2. Party A must provide a copy of the business license, company profile and fill in the "Enterprise Power of Attorney";
2. Candidate Determination
Party B should understand in detail the requirements for the entrusted recruitment position and analyze the background information , and on this basis, conduct a comprehensive evaluation and verification of the candidates, and provide detailed personal information of the candidates to Party A within four to five working weeks from the effective date of accepting Party A's entrustment, and wait for Party A to confirm that they meet the recruitment position requirements Finally, both parties agree to discuss the time and place of the interview.
3. Interview
1. After Party A interviews the candidate, Party A shall notify Party B of the interview results within five days, so that Party B can inform the interviewer of the relevant situation and carry out the next step of work. If no qualified candidate can be selected during the interview, Party B will continue to provide candidates.
2. If the candidates participating in the interview are out of town, Party A will bear the round-trip transportation expenses according to the actual amount or negotiate to resolve it.
IV. Recruitment
1. If Party A hires a candidate provided by Party B after interviews and reviews, it shall promptly notify Party B and Party B will assist in handling relevant matters and sign relevant documents or certificates indicating the employment.
2. Party A shall not contact candidates recommended by Party B in private or engage in actions that are detrimental to the interests of Party B, otherwise it will be deemed a breach of contract.
5. Charging standards and payment methods
1. The entrusted reference annual salary for this position is ____________ yuan. The entrusted recommendation service fee shall be determined as ______% of the annual salary of the position (range: 15%-30%) depending on the scarcity of this type of talent in the market. The total service fee shall not be less than RMB______ yuan. The settlement after the recruitment is completed will be calculated based on the actual annual salary of the position when the employment contract is signed.
2. Calculation standard of annual salary
A. (Monthly salary + fixed bonus + subsidy + performance bonus) × 12 (month) = annual salary;
B. If there are equity options, options, etc., the unit and the headhunting company will negotiate the approximate annual salary amount;
3. Calculation standards for headhunting commissions
The unit and headhunting company first calculate the approximate annual salary, and then calculate it according to the signed commission ratio (and the calculation of commission is based on the actual annual salary of the talents hired by the company as the final standard).
4. From the date of signing the agreement, Party A prepays 25% of the total headhunting service fee to Party B, which is RMB ______ yuan, as a search deposit. Within one week after the hired person takes up the post (regardless of whether Party A signs an employment contract or agreement with the hired person), Party A will pay Party B the remaining service fee for the position in one lump sum. If the payment is delayed, ______‰ of the total contract amount will be paid every day. Delayed fees will be charged on delivery.
VI. Rights and Responsibilities
1. Party B guarantees the legality of its headhunting services (license number: ____________) and the legality of the recruitment of talents recommended to Party A (dealing with possible infringements such as contract breach, confidentiality period, and intellectual property rights).
2. Because Party B fails to recommend candidates who meet Party A's job description for interview within the agreed period, Party A proposes a refund, and Party B will return all fees paid by Party A.
3. If Party A changes its intention to recruit midway or delays in arriving at the job, and other reasons cause that qualified interview candidates who meet Party A's requirements are not hired, and proposes to Party B to terminate this agreement, Party B will no longer refund the fees paid.
4. If a suitable candidate recommended by Party B cannot be hired or accepted by Party A due to non-candidate factors such as remuneration, Party A believes that there is no need to continue the recommendation and requests to terminate the agreement. Party B will not refund the advance payment for recommendation already paid.
5. Party B is responsible for keeping relevant corporate business secrets for Party A during its service period.
6. Party A shall not steal talent knowledge in the name of recruiting or reserving talents;
7. Party A shall not use candidates to steal the business secrets of their original workplaces. Party A shall be responsible for all adverse consequences and liabilities arising therefrom, and Party B shall not bear any responsibility.
8. If the employee is dismissed or the labor contract is terminated by Party A due to normal reasons (work ability, professional ethics, etc.) during the three-month warranty period, Party A has the right to request a free replacement.
If Party B cannot provide a satisfactory replacement within one month, Party B will refund Party A's corresponding service fees. The refund amount will be based on the number of days of service: ______% of the total fee will be refunded within ______ days; the total fee will be refunded within 31-90 days 30% of the fee. Unless Party A requests Party B to continue the search.
9. If the position recommended by Party B is no longer needed due to work adjustment in Party A's company or other reasons, Party B will regard the recommendation as successful regardless of whether the talent has expired or not.
10. During the warranty period, if Party A changes the salary and position of the recommended employee, causing the recommended person to leave the company, Party B will regard the recommendation as successful.
11. Party A shall not provide the candidates recommended by Party B or their background information to other parties, otherwise it will be deemed as a breach of contract. If Party A places candidates recommended by Party B in other positions of Party A, the rights and obligations of Party A and Party B will still be implemented in accordance with the spirit of this agreement.
12. If the talents recommended by Party B to Party A are not hired for any reason, Party A shall not hire them within one year (including part-time jobs or any form of employment), otherwise it will be regarded as successful recommendation by Party B, and Party A will pay the headhunter by default with reference to this agreement. Referral Fees.
13. After Party A and Party B cooperate, Party B shall not target Party A’s company personnel.
VII. Liability for breach of contract
1. Party A and Party B shall strictly abide by the terms of this agreement. If there is any breach of contract, Party A and Party B agree to comply with the Contract Law and relevant regulations.
2. If Party A and Party B cancel the service due to their own reasons after the signing of the contract and before the contract is performed, they must pay 10% of the principal amount of the contract as liquidated damages.
8. Validity period of the contract
The contract is valid for one year and takes effect from the date of signing.
The hunting period is from ______year______month______ to ______year______month______day.
9. Others
1. This contract is made in two copies. Party A and Party B each hold one copy, which has the same legal effect.
2. Unfinished matters shall be settled through friendly negotiation between the two parties; if the negotiation fails, arbitration shall be initiated to the arbitration institution in the place where the agreement was signed.
Party A (signature and seal): _________ Party B (signature and seal): _________
Representative: ______________ Representative: ______________
Account opening bank: ______________ Account opening bank: ______________
Account number: ______________ Account number: ______________
Signing date: ____________ Signing date: ____________ Agency Agreement Part 3
Party A: Party B:
< p> Party A and Party B, on the basis of ensuring the "_____" brand, adhere to the goals of mutual support and common development, and fully realize the consistency of the interests of both parties, and jointly promote the cause of _____. Party B, as the _____ general agent officially authorized by Party A, the two parties have reached the following agreement on the sales of "_______________" and other products:1. Authorized products, market and settlement price
Party A authorizes Party B to operate __________ and other series of products in _____ (hereinafter referred to as "authorized products").
1. The price promised by Party A to Party B shall be settled based on the total ex-factory price for each set. Please see the attachment for the quotation.
2. Party B’s sales commitment
From the date of signing this agreement, Party B will become the general agent of Party A’s “authorized products”.
Party B promises: to sell _______________ products between _____ month _____ day _____ year _____ year and _____ month _____ day _____ year, Party A will sell the products at the settlement price The total amount is more than _______________.
3. Party B’s Sales Rewards
Party B’s total sales amount of _____ million can enjoy a reward of 3%. Party B’s total sales amount of _______ can enjoy a reward of 5%.
p>
4. If any of the following circumstances occurs, Party A has the right to immediately terminate Party B’s agency qualifications, but must notify Party B in writing one month in advance:
(1) Upon Party A’s confirmation, Party B is unable to expand the market share of Party A's products in the region, and the annual sales cannot reach _____% of the promised sales;
(2) Party B has authorized agents outside the region Sales of authorized products in the region;
(3) Party B fraudulently uses the trademarks of authorized products;
(4) Party B conducts activities that damage the reputation of authorized products and trademarks;
< p> (5) If Party B causes significant economic losses to Party A, Party A has the right to deduct part of the loss from Party B’s payment or rewards or in other ways.5. If Party A wants to cancel Party B’s general agent qualification for other reasons (except for the circumstances contained in Article 5 above), it must notify Party B in writing two months in advance and repurchase all the products on Party B’s store. Party A authorizes the product and compensates Party B for _____ million yuan.
6. Party B must have at least one salesperson with relevant product management capabilities and corresponding sales personnel who can directly face customers and carry out service work proficiently. At the same time, Party A must provide Party B with relevant product qualification certificates.
3. Party A’s obligations
1. Only one authorized agent shall be developed in a region and shall not directly supply goods to unauthorized customers in the authorized area. Otherwise, 2 times of the delivery amount will be compensated to the authorized agent.
2. Negotiate and resolve market conflicts between agents. Party A is responsible for supervising that agents shall not ship goods randomly to each other. Party A shall be responsible for compensating the agents for losses caused by Party A’s failure to supervise.
3. Party A shall apply the same price policy to all agents. Party A is responsible for the cost of shipping goods from Party A to Party B. Party B is responsible for the cost of returning the goods to Party A.
4. Party A shall provide Party B with product promotional materials, sales personnel training and related technical training.
5. Party A is responsible for product promotion, and bears store decoration costs of _____ million yuan, and store rent of ____ yuan per month.
6. Party A assumes all quality responsibilities for Party A’s products.
7. Party A ensures that each product has a code and strictly registers the code when shipping to prevent agents from cross-selling goods.
IV. Obligations of Party B
1. Party B shall not engage in any activities that damage the reputation of the awarded brand.
2. Without the consent of Party A, Party B shall not sell products to other areas with authorized agents.
3. Party B must display the correct logo of the awarded brand in a prominent position in the company or store.
4. Party B is obliged to provide Party A with monthly "Market Sales Quotes" for products in its region on a regular basis.
5. Party B should take Party A’s products as the mainstay, develop the local market, increase market share, and hire trained and experienced sales personnel needed to sell the product.
6. During the validity period of this contract, Party B shall respect the market price positioning of various products proposed by Party A.
7. Since Party A is responsible for the store decoration costs and rent, Party B can only be the sole agent to sell Party A’s “_____” series of products during the validity period of this contract, and may not be another agent for sales or in any other form. Operating other parties’ products that are the same, similar or competitive with Party A’s.
8. If Party B wants to terminate the contract early due to closure, suspension of business, organizational changes or other reasons, Party B shall notify Party A in writing two months in advance and fully perform the contract. Bear the corresponding store decoration and rent expenses originally borne by Party A
9. Party B is obliged to safeguard Party A’s interests and keep its business secrets.
5. Penalties for cross-regional sales of Party B
If Party B sells its products to other professional markets authorized by Party A without the consent of Party A, Party A has the right to take measures against Party B The following measures:
1. Party B is required to take back the products it sells to other regions, or negotiate with the local general agent to give the local general agent a certain amount of financial compensation.
2. Party A has the right to stop supply and cancel Party B’s general agent qualification.
6. Price Protection Regulations
In order to adapt to market changes, make product prices more competitive in the market, and expand market share, Party A will adjust product prices according to market conditions. . In order to avoid losses caused by Party B due to price increases and decreases, Party A will protect the prices of products ordered and shipped by Party B. The specific methods are as follows:
1. Party A shall notify Party B in writing 15 days before the price adjustment. .
2. If both parties have signed a purchase and sale contract but have not yet executed it, the original price will be used instead. Any agreement after the price adjustment date notified in writing by Party A will be executed at the new price.
VII. After-sales service
1. Party A is responsible for accidents caused by quality problems in the products provided by Party A.
2. Party B is responsible for publicity and explanation of the products sold.
8. Advertising
1. Before publishing advertisements or attending exhibitions, Party B must fill in the "Advertising Subsidy Application Form" and provide relevant information. After Party A's review and approval, Party B can Apply for advertising subsidies (standards shall be implemented according to Party A’s regulations).
2. Media advertisements and exhibitions will be limited to products authorized by Party A. If there are other non-authorized products, no subsidies will be provided.
3. Party B shall provide one copy of the advertising sample or several copies of the exhibition photos, as well as the original invoice payable to Party A. After approval, Party A will deduct its subsidy from Party B’s payment amount. .
9. Support for product sales
1. In order to promote Party B to promote and sell Party A’s products, Party A provides free product promotional brochures.
2. During the validity period of this contract, Party A shall answer or support Party B’s product technology or distribution issues in accordance with Party B’s request.
3. Party A may provide Party B with model catalogs of various products based on actual needs to promote its sales.
4. Supply and settlement: Delivery after signing the contract.
10. Delivery and payment
30% of the total order amount must be paid before placing the order, and the remaining 70% will be shipped after the payment is received.
11. Intellectual Property Rights
1. Party A guarantees that its products do not infringe any third party’s intellectual property rights such as trademarks, patents or copyrights in the People’s Republic of China and China. .
2. During the validity period of this agreement, Party A agrees to use Party A’s trademark within the scope of Party B’s reasonable activities related to the sale, promotion, advertising or publicity of Party A’s products, etc. .
3. Party B shall use its trademark according to Party A’s instructions. Without the consent of Party A, you may not arbitrarily delete, alter, change or counterfeit the trademarks on the products, or directly infringe the intellectual property rights of Party A's products in other ways.
12. Duty of confidentiality
1. Both parties are responsible for keeping confidential the transaction prices and other business activities that should be considered confidential; both parties promise not to disclose them to third parties. Any specific information (such as price, sales volume, market share, etc.) or other confidential content that can be obtained during the cooperation process shall not be disclosed or delivered to a third party without the written consent of the other party. This provision shall remain in effect after the termination of this contract. If this causes losses to Party A, Party B shall be liable for compensation. Party A's losses and related expenses include reasonable attorney's fees.
2. Both parties shall require their employees to comply with the provisions of this article. If one person violates this treaty, the party shall be deemed to have violated the provisions of this article.
13. Validity Period
This agreement is valid from _____ month _____ day _____ year to _____ month _____ day _____ year . If the contract needs to be renewed at that time, both parties need to negotiate and decide one month in advance. If both parties do not sign a new agreement after the expiration of the validity period, the terms of this agreement will still apply.
14. Others
1. Both parties can further negotiate and supplement matters not covered in this agreement at any time.
2. This agreement is made in duplicate, with Party A and Party B each holding one copy. The fax copy is equally valid.
3. This agreement will take effect on the date of signature by Party A and Party B.
Party A (seal): __________ Co., Ltd. Party B (seal): __________
Legal representative’s signature: __________ Legal representative’s signature: __________
Telephone: __________Tel: __________
Fax: __________Fax: __________
_____year_____month_____day_____year_____month_____ Japanese Agency Agreement Part 4
Supplier (Party A):
Agent (Party B):
In order to protect the legitimate rights and interests of Party A and Party B , in accordance with the relevant provisions of relevant national laws and regulations, in line with the principles of equality and mutual benefit, mutual development, and risk-taking, this contract is specially formulated by consensus of both parties.
1. Party A and Party B They all agree to implement the provisions of this contract.
2. Agency entrustment
1. Party A agrees that Party B will act as an agent to promote the products produced by Party A within the area stipulated in the contract.
2. The promotion area stipulated in the contract is _____ province _____ city ______ district ______ county. The contract period starts from ____ month ____ day ________ year to _________ Ending on ____ month ____ year.
3. Both parties can separately discuss the renewal of the contract and sign a new agency contract according to their respective wishes. If the agency period stated in this contract expires without renewal, it will be deemed that both parties have automatically given up continuing cooperation, and this contract will be terminated.
3. Agent varieties and prices Variety specifications Unit retail price Settlement floor price Boxed quantity
4. Party A’s rights and obligations
1. Assist Party B Formulate and arrange the marketing strategies, sales forms, management operations and other sales matters within Party B's ____ area;
2. Responsible for providing necessary product knowledge training and dealer business information to Party B;
3. Responsible for providing Party B with the documents and materials required for product sales, promotion, promotion, and advertising and the required certification procedures;
4. According to Party B’s requirements, issue ordinary invoices to Party B , Party A shall bear the base price tax, and the excess tax shall be borne by Party B;
5. Party B shall enjoy exclusive agency rights within the area agreed upon in the contract. Party A will no longer directly sell or authorize others to sell Party B’s products in any way within the ____ area.
5. Party B’s rights and obligations
1. When Party B promotes products in this region, it must strictly abide by relevant national and local laws and regulations, otherwise all consequences will be borne by Party B Responsibilities
2. Party B is responsible for the investment and sales of the products it represents in the agency ____ area and all matters related thereto;
3. Party B conducts product development in its business activities When promoting, Party B must strictly abide by the range of efficacy verified in the product advertising approval document;
4. Party B shall not conduct relevant sales activities under any name outside the area authorized by Party A. If Party A wants to expand the agency promotion area, Party A shall apply , promotion work can only be carried out after approval by Party A;
5. Party B must report business progress and actual product flow to Party A at any time at the request of Party A. Contract Sample
VI , warehousing and transportation
1. Party A is responsible for sending the products ordered by Party B to the location designated by Party B. The transportation fees, transportation insurance, etc. incurred shall be borne by Party A.
2. Due to quality problems or damaged packaging and resulting losses due to improper transportation, Party B must raise an objection within ____ days from the date of arrival and provide a certificate issued by the transportation department regarding the damage or loss of the goods. Proof that Party A is responsible for replacement and compensation of equivalent goods.
3. Party B ensures that the products received are stored under standard storage conditions, otherwise Party B will be responsible for any quality problems caused.
VII. Settlement method
1. Delivery upon payment;
2. Invoices required for settlement by Party B to customers must be filled in by Party B and faxed To Party A. After receiving the fax, Party A can issue an invoice and send it to Party B's designated payee. Party B will bear the tax difference for the portion higher than the minimum settlement price.
3. If Party B does not issue an invoice within three months after the delivery business occurs, Party A will not issue an invoice;
8. Return policy
1. A In order to reduce Party B's business risks, Party A implements a return system, but without Party A's written consent, Party B shall not return the goods to Party A without authorization;
2. Party A will check the returned products after receiving them After the product is correct, the payment for the returned product will be remitted to the bank account designated by Party B on the same day, and Party A's corresponding losses will be deducted at the same time;
3. If the returned product is damp or the packaging is damaged, Party A has the right to refuse Return request for this part of the product.
9. Market Protection
1. Party A ensures that Party B’s agency ____ area is not subject to malicious stocking.
2. Party B promises not to plan or operate any cross-regional sales of products beyond Party B’s distribution scope.
10. Liability for breach of contract and dispute resolution
1. Both parties agree to all terms of this contract, and any breach of contract (except for force majeure) will be resolved in accordance with relevant national laws and regulations.
2. If the dispute is resolved through negotiation between the two parties, if the negotiation fails, either party may file a lawsuit in the People's Court. 10.
1. Others
1. This contract is valid for _________ years and takes effect from the date of signature by both parties (after affixing the red seal). If there are any objections, a supplementary contract or terms can be signed separately after negotiation between the two parties. The supplementary contract or terms will not take effect until they are stamped with a red seal and have the same legal effect as this contract.
2. The contents of this contract are made in two copies, one for Party A and one for Party B.
Party A: Party B: (ID card number or company seal)
Signature: (seal) Signature: (press fingerprint with index finger)
Signature Time: _________year___month_____ Signing time: _________year_month____day Agency Agreement Part 5
Party A: _________Party B: _________
After friendly negotiation, Party A and Party B have reached the following agreement on the business of Party A entrusting Party B to import _________:
1. Party A entrusts Party B to act as agent for importing ________, and Party B accepts Party A's entrustment.
2. Responsibilities and Obligations of Both Parties
(1) Party A’s Responsibilities
1. Responsible for negotiating all contract terms with the foreign party, and reviewing all the contents and contents of the contract Responsible for delivery content.
2. Pay the deposit and payment to Party B in a timely manner. The deposit is 25% of the total contract amount, which shall be paid within three days of signing the agreement between the two parties. The remaining 75% of the payment shall be provided by Party A with factory guarantee and shall be paid off within ten days after the letter of credit is issued. The guarantee letter is an integral part of this agreement.
3. Pay Party B’s agency handling fee on time, which is 3% of the contract amount and should be paid within three days after signing the agreement.
4. Prepay all port fees (customs declaration, receiving goods, demurrage, demurrage fees, etc.), which is estimated to be _________ yuan (according to the actual cost settlement amount, any excess will be refunded and less will be paid). Pay bank interest (_______months, amount _________) and bank fees.
5. Ensure that the goods will be imported and processed before being exported in the name of _________ company. For details, please refer to the export agency agreement between the two parties.
(2) Party B’s Responsibilities
1. Sign an external contract according to the terms of the export contract provided by Party A. For details, please see _________contract (No. _____________).
2. Responsible for handling the incoming material processing manual and other related procedures.
3. Responsible for handling customs declaration, receiving goods and other procedures on behalf of Party A.
4. Transfer relevant documents to Party A in a timely manner.
5. In the event of economic disputes such as claims, Party B can handle relevant foreign-related procedures on behalf of Party A under the entrustment of Party A.
3. Party A and Party B shall perform their respective responsibilities and obligations. If any problems or losses occur within the scope of their respective responsibilities, they shall bear their respective responsibilities.
4. Matters not covered in this agreement will be resolved through separate negotiation between the two parties.
5. This agreement shall take effect simultaneously with the letter of guarantee issued by Party A.
6. This agreement is made in two copies, with each party holding one copy. It will take effect from the date of signature and seal by both parties.
Party A (seal): _________ Party B (seal): _________
Representative (signature): ________ Representative (signature): _________
_________year____month____day_______year____month____day
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