The Non-Exclusive Agency Agreement is essential for businesses operating in Malaysia who wish to appoint representatives while maintaining flexibility in their distribution or representation strategy. This document is particularly relevant when a company wants to test new markets, maintain competitive dynamics among multiple agents, or avoid being dependent on a single representative. The agreement, governed by Malaysian law, typically includes detailed provisions on territory rights, commission structures, performance expectations, and compliance requirements. It's commonly used across various industries from retail to professional services, and can be adapted for both domestic and international commercial relationships. The non-exclusive nature allows principals to maintain multiple channels to market while providing agents with clear parameters for their operations.
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1. Parties: Identification of the Principal and Agent with full legal names and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of agent's appointment, explicitly stating non-exclusive nature, and detailed scope of authority
5. Territory: Geographical area or market segment where agent is authorized to act
6. Agent's Rights and Obligations: Detailed responsibilities, performance standards, and reporting requirements
7. Principal's Rights and Obligations: Support, information, and resources to be provided by the principal
8. Commission and Payment Terms: Commission structure, calculation method, payment schedule, and expenses policy
9. Term and Termination: Duration of agreement and grounds for termination
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property: Usage rights and protection of trademarks, logos, and other IP
12. Compliance with Laws: Obligation to comply with applicable laws and regulations
13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Performance Targets: Specific sales or performance targets, used when measuring agent's performance is crucial
2. Training and Support: Details of training provided by principal, included when significant training is part of the relationship
3. Insurance: Insurance requirements for the agent, needed for high-risk activities or regulated industries
4. Data Protection: Detailed data handling requirements, necessary when personal data processing is involved
5. Non-Compete: Post-termination restrictions, used when protecting market position is crucial
6. Marketing and Promotion: Marketing obligations and standards, included when agent has significant marketing responsibilities
7. Sub-Agents: Rights and restrictions regarding appointment of sub-agents, used when sub-agents might be needed
8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements
1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Products or Services: List of products or services covered by the agency agreement
3. Territory Details: Detailed description of geographical boundaries or market segments
4. Reporting Templates: Standard forms for regular reporting requirements
5. Brand Guidelines: Guidelines for use of principal's branding and marketing materials
6. Service Level Agreement: Detailed performance metrics and standards
7. Compliance Procedures: Specific compliance requirements and procedures
8. Contact Details: Key contact persons and communication protocols
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Real Estate
Insurance
Technology
Export/Import
Consumer Goods
Professional Services
Healthcare
Tourism
Financial Services
Education
Telecommunications
Relevant Teams
Legal
Sales
Business Development
Compliance
Operations
Commercial
Contract Management
Distribution
Partner Relations
Executive Leadership
Relevant Roles
Commercial Director
Sales Manager
Business Development Manager
Legal Counsel
Compliance Officer
Operations Manager
Channel Manager
Distribution Manager
Contract Administrator
Chief Commercial Officer
Regional Sales Director
Partnership Manager
Agency Relations Manager
General Counsel
Managing Director
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