| Agents, Representatives and Distributor Agreements
An agent is a company or individual who represents another company (the 'principal') and who usually receives commission on sales that the agent arranges. An agent for a manufacturer, for example, will find customers for the manufacturer's goods, the manufacturer will sell directly to the customer and the agent will be paid a commission by the manufacturer. Sometimes a company will enter into an agreement with a "representative" whose role may be that of an agent or it may be confined to a particular task – e.g. informing the company of opportunities for tendering in a particular country. In this situation, a representation agreement may be required. A distributor, on the other hand, is someone who buys goods from a manufacturer or supplier and then sells the goods on to its customers, either retailers or end-users. For this situation, a distributor agreement, would be required. Agents, Distributors and Representatives are often appointed for defined territories and they may be exclusive (for example, where an exclusive distributor is appointed for a territory), or non-exclusive (i.e., where more than one agent, distributor or representative works within one territory). Our agreements are all reasonably balanced between the company or 'principal' on the one hand and the agent, or distributor, on the other but, as you will see from the list, we have legal documents designed for use by the agent or distributor as well as for the principal. |
Related contract collections:
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| A101 |
Agency Agreement (favouring the principal) |
£49.00 + VAT |
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This agent appointment is suitable for a principal, manufacturer or supplier, who wishes to appoint an agent on an exclusive basis in a defined territory for the sale of those goods. A fairly detailed agency agreement with 10 main clauses covering the agent's appointment, duration, minimum sales targets, principal's right to make direct sales in certain circumstances, general obligations of agent and principal, procedures for ordering products, intellectual property, termination, non-competition etc. This apponitment of an agent is designed to be compatible with EU law and has recently been updated.
This version is written from the point of view of the manufacturer or supplier - the principal. For a bias in favour of an agent see document No. 140
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| A102 |
Agency Agreement Template (favouring the Agent) |
£48.00 + VAT |
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This Agent's Appointment is suitable for a company that wishes to act as agent for a manufacturer or supplier on an exclusive basis in a defined territory. A fairly detailed agreement with 10 main clauses covering the agent's appointment, duration, minimum sales targets, general obligations of agent and principal, procedures for ordering products, intellectual property, termination, non-competition etc. This version is written from the agent's point of view. For a bias in favour of the principal/manufacturer, see document No. A101. This document is designed as a template for international use and it is generally compatible with EU legislation. |
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| A114 |
Representation Agreement Template |
£44.00 + VAT |
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This representation agreement template is suitable for use where a manufacturer or supplier in one country appoints a company in another country to act as its sales agent. Instead of receiving commission, a cost sharing and profit sharing arrangement gives the sales agent a percentage of the profits generated from sales each year. The 12 main clauses deal with the sales agent's appointment and duties, duration, products and, particularly, financial arrangements which are more complex than most agency agreements. Also there are duties on the supplier as well as clauses dealing with intellectual property rights, non-competition, termination etc. This template agreement is worth considering where there is already a pattern of dealing between principal and agent and the parties want to develop that role into a profit-sharing arrangement.
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| A115 |
Representation Agreement (Tendering Contract) |
£37.00 + VAT |
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Suitable where a company in one territory appoints a representative in another territory for the purpose of obtaining and forwarding tender invitations in return for a fee, with provisions for joint tendering.
Here the representative's activities are concentrated on providing the client with tender information and if matters work out, the representative might become the local agent or even partner of the client. 12 main clauses detail the duration, representative's duties, fees and expenses, tendering, confidentiality etc. |
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| A117 |
Distributorship Agreement Template (favouring the Principal) |
£48.00 + VAT |
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This Distributorship Agreement (or Reseller Agreement) is for use where a manufacturer or supplier appoints an exclusive distributor for the sale of its products in a defined overseas territory. It contains 7 pages with 9 main clauses dealing with the distributor's appointment, procedure for ordering products, price and payment, obligations of distributor, intellectual property and patents, confidentiality, termination etc. Here the distributor buys on its own account for re-sale - unlike an agent who sells on the principal's behalf. (For an agreement favouring the distributor, see our document A118)
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| A118 |
Distributorship Agreement (favouring the distributor) |
£48.00 + VAT |
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For use where a manufacturer appoints an exclusive distributor for the sale of its products in a defined overseas territory.
7 pages containing 9 main clauses dealing with the distributor's appointment, procedure for ordering products, price and payment, obligations of distributor, intellectual property and patents, confidentiality, termination etc. Here the distributor buys on its own account for re-sale - unlike an agent who sells on the principal's behalf
For an agreement favouring the Principal, see Document No. A117
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| A132 |
Commission Agreement |
£38.00 + VAT |
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An agreement between a company and a "consultant" where the company , which is likely to be a manufacturer or distributor, pays the consultant a commission on business introduced by the consultant. This is a general purpose agreement for use by an individual or company who, in return for a commission, introduces business to a third party. This is not a formal agency agreement but is more suited to a 'one-off' arrangement between someone who has good contacts in a particular area and a company wishing to sell into that area. The consultant's duties are little more than nominal, the main purpose of the agreement being to fix the amount and payment terms for commission. The contract has a fixed but renewable duration and is subject to confidentiality, with an arbitration clause in the event of disputes.
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| A153 |
Appointment of Sales Consultant |
£37.00 + VAT |
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This agreement appointing a sales consultant is suitable for use by a company that wishes to appoint an individual to provide services as a self-employed consultant promoting the products sold by the Company in return for agreed fees and expenses (and, perhaps, commission on sales). The Consultant is not an agent and has no authority to make sales on the Company's behalf. The sales consultant agreement is prepared in the form of a letter to be issued on the company's notepaper and countersigned by the consultant. |
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| A190 |
Appointment of Buyer's Representative |
£40.00 + VAT |
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This agreement is designed for use by a company which is based in one country and is buying goods from another and wishes to appoint either an individual or a company to represent it in its dealings with the foreign manufacturers or suppliers. There are 13 clauses covering such matters as the duties of the representative, duties of the company, fee arrangements, force majeure, confidentiality, governing law, etc. |
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| A213 |
Introduction & Commission Agreement |
£39.00 + VAT |
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This commission agreement is designed for use where one business agrees to introduce another business to its customers or clients in return for a commission fee. There are 15 paragraphs that cover the basis for introductions, commission and payment terms, confidentiality, good faith, termination and other provisions. This commission contract is suitable for a range of businesses – from a wedding planner who introduces a florist to her clients to a carpenter who introduces a decorator to his clients - and vice versa in each case! The agreement is prepared in user friendly way, in the form of a letter.
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| A215 |
Telesales Agreement |
£29.00 + VAT |
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A short telephone sales agreement in letter form setting out the terms upon which a company is to retain the services of a telesales representative acting as an independent contractor. The contract sets out the duties and commission arrangements of the representative and other terms, including duration and confidentiality. |
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| A218 |
Agent Appointment Retail Sales |
£37.00 + VAT |
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This Agency Agreement is designed for use by the manufacturer or supplier of a product who wishes to appoint a sole agent to sell the product in a particular area on a commission basis. The product may be perhaps some office or gym equipment or stationery. This straightforward agreement contains 14 main clauses including clauses designed to protect the supplier's intellectual property rights. (For cross-border or international agency agreements see our documents A101 and A102.) |
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| US101 |
Exclusive Distributor Agreement |
£50.00 + VAT |
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A comprehensive Exclusive Distributor Agreement for use between a manufacturer and a corporation or individual who is appointed as exclusive distributor for the sale of Manufacturer’s products in a defined territory. The 14 page agreement is designed for use in particular when U.S. law applies but its terms can be applicable elsewhere. The agreement, which is suitable for international or domestic use, contains 17 articles dealing with the duties of the parties, terms of sale of products, warranties, intellectual property rights, confidentiality, non-competition, indemnity, termination etc. The agreement comes with 8 pages of explanatory notes which can be viewed in our Info Centre. |
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| US102 |
Exclusive Sales Representative Agreement |
£50.00 + VAT |
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A comprehensive agreement for use between a manufacturer and a corporation or individual who is appointed as exclusive sales representative for the sale of a Manufacturer’s products in a defined territory. The 12 page agreement is designed for use in any state of the USA and it can also be used in an international context. The agreement contains 17 clauses dealing with the duties of the parties, terms of solicitation of sales, compensation, intellectual property rights, confidentiality, non-competition, indemnification, termination etc. |
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