An Agency Agreement is between a company and an agent who will perform certain services in an agreed-upon territory. It sets forth in detail the specific services to be performed, the assigned territory, terms of the agreement, and commission payment arrangements.
An Agency Agreement, or also referred to as an Agency Contract, is a legally binding document used by companies and agents to agree upon certain terms and conditions regarding the specific services to be performed, assigned territory, terms of the agreement, and commission payment arrangements.
A complete Agency Agreement must contain the following:
Companies and agents can write their own Agency Agreement Template or download a PDF copy from a website that offers document templates. For convenience, they can also fill out the Agency Agreement Template electronically on PDFRun.
To fill out an Agency Agreement Template, you must provide the following information:
Effective Date
Enter the date when this Agency Agreement has been made effective.
Day
Enter the day when this Agency Agreement has been made effective.
Month
Enter the month when this Agency Agreement has been made effective.
Year
Enter the year when this Agency Agreement has been made effective.
Name of Company Representative
Enter your full legal name.
Name of Company
Enter the full name of your company.
Name of Agent
Enter the full legal name of the agent.
Name of Agency
Enter the full name of the agency the agent is working for.
You and your company will appoint and engage with the agent as your lawful agent and representative to perform the services that have been agreed upon by both parties. The agent must then agree to represent the company and perform the necessary services in your territory. Furthermore, both you and the agent must agree to the following provisions in consideration of the above-mentioned terms, mutual promises, and conditions contained in this agreement:
Item 1. Appointment
You and your company must hereby appoint the agent as your exclusive and sole agent for performing the necessary services in the territory and upon the terms and conditions contained under this Agency Agreement.
Services
Enter the details about the services the agent must perform in the territory of the company.
Item 2. Territory
Enter the name of the that will be assigned to the agent.
Item 3. Term
This Agency Agreement will commence on the date written above and it will continue according to the term period agreed upon by both parties.
Term Period
Enter the number of years for the term period of this Agency Agreement.
Renewal
Enter the number of years for the renewal of this Agency Agreement.
Prior Notice
Enter the deadline for the prior written notice of the renewal of this Agency Agreement.
Item 4. Exclusivity
Both parties must agree that the agent will devote his or her time exclusively to perform the necessary services on behalf of you and your company. Furthermore, the agent must make sure not to engage in any other services for any other company, or both parties must agree that the agent will work on a non-exclusive basis and may engage in other services other than your company subject to your prior approval.
Item 5. Expenses
The agent must be responsible for the expenses he or she has incurred in the performance of the obligations done pursuant to this Agency Agreement or the agent will be reimbursed for all pre-approved and reasonable out of pocket expenses he or she has incurred in the performance of obligations done pursuant to this agreement.
Item 6. Commission
The agent will receive the fee that has been agreed upon by both parties.
Agent Fee
Enter the percentage of your company’s net revenue for the agent’s fee.
Item 7. Payments
All commissions must be due and payable to the agent within 30 days after all payments are received by or credited to your company.
Item 8. Inspection of Records
The payment of the commission must be accompanied by a statement reflecting the net revenue received from each source.
Item 9. Termination
The conditions for termination are as follows:
a. This agreement can be terminated by either party upon giving a written notice of termination to the other party within 30 days.
b. You and your company may terminate this agreement in the event of the agent’s breach of contract.
c. The agent may terminate this agreement if he or she becomes bankrupt.
Item 10. Intellectual Property
The agent must agree that all copyrights, trademarks, and service marks in the name of your company must remain as your property. Furthermore, the agent must not claim any right, title, or interest in any copyright, trademark, or service mark.
Item 11. Independent Contractor
The agent must agree that nothing contained in this agreement will be construed to create the relationship of employer and employee between both parties.
Item 12. Indemnification
The agent must agree to hold harmless and indemnify you against all costs, claims, or demands that may be made against you.
Item 13. Limitation of Liability
In no event will both parties have any liability to the other under this agreement.
Item 14. Force Majeure
Neither of the parties will be deemed to be in breach of this agreement in case of earthquakes, volcanic eruptions, floods, or other forms of natural catastrophes or any acts of God.
Item 15. Successors and Assigns of Parties
This Agency Agreement will be legally binding and inure to the benefit of your company’s and the agent’s executors, personal representatives, heirs, devisees, legatees, successors, and assigns. Moreover, any assignment of this agreement will be subject to the prior written approval of the other party.
Item 16. Notices
All notices, correspondence, writings, statements, or other communication required or permitted to be given under this Agency Agreement by your company or the agent will be given, made, or communicated through telex, telegram, electronic facsimile transfer, registered or certified email, first-class, or postage prepaid.
To the Company
Enter the full name of your company.
To the Agent
Enter the full legal name of the agent.
Item 17. Governing Law & Dispute Resolution
This Agency Agreement will be construed under the laws of the state both parties are currently residing in.
State
Enter the state you are currently residing in.
Jurisdiction
Enter the location of the jurisdiction.
Item 18. Amendment
This agreement will contain all of the terms and conditions both parties have agreed upon. These provisions will supersede any prior agreements.
Agent Signature
Have the agent affix his or her signature.
Agent
Enter the full legal name of the agent.
Name of Authorized Person
Enter the full legal name of the authorized person in the agency.
Title of Authorized Person
Enter the title of the authorized person.
Company Representative Signature
Affix your signature.
Name of Authorized Person
Enter the full legal name of the authorized person in your company.
Title of Authorized Person
Enter the title of the authorized person.
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