The Sales And Marketing Agreement is essential for businesses operating in Singapore seeking to formalize their sales and marketing arrangements. This document is particularly relevant when a company wants to engage external parties for sales and marketing activities while maintaining control over their brand and commercial interests. The agreement ensures compliance with Singapore's legal framework, including data protection requirements, competition laws, and advertising regulations. It typically includes detailed provisions for compensation, territory rights, performance expectations, and intellectual property protection.
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1. Parties: Identification and details of the contracting parties (Principal and Sales/Marketing Agent)
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 appointment and detailed scope of sales/marketing services
5. Territory and Exclusivity: Geographical scope and exclusivity provisions
6. Compensation: Commission structure, payment terms, and expenses
7. Obligations of the Parties: Responsibilities and duties of both parties
8. Term and Termination: Duration of agreement and termination provisions
9. Confidentiality: Protection of confidential information
10. Governing Law: Applicable law and jurisdiction
1. Performance Targets: Specific sales/marketing targets and KPIs - used when performance-based compensation or continued engagement is tied to specific metrics
2. Training and Support: Details of training and support provided by principal - used when significant product knowledge or training is required
3. Marketing Materials: Provisions regarding creation and approval of marketing materials - used when agent will be creating marketing materials
4. Data Protection: PDPA compliance and data handling requirements - used when personal data processing is involved
5. Non-Competition: Restrictions on competing activities - used when protecting against competition is crucial
1. Schedule 1: Products/Services: Detailed list of products/services covered by the agreement
2. Schedule 2: Commission Structure: Detailed breakdown of commission rates and calculation methods
3. Schedule 3: Territory: Detailed description of geographical territory
4. Schedule 4: Performance Metrics: Detailed KPIs and measurement criteria
5. Schedule 5: Marketing Guidelines: Brand guidelines and marketing requirements
6. Schedule 6: Reporting Templates: Standard forms for performance reporting
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