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Non Exclusive Agency Agreement Template for Australia

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Key Requirements PROMPT example:

Non Exclusive Agency Agreement

"I need a Non-Exclusive Agency Agreement for my manufacturing company to appoint multiple sales agents across Asia-Pacific, with the agreement starting January 2025, including commission structures and performance targets for each territory."

Document background
The Non-Exclusive Agency Agreement is essential for businesses operating in Australia who wish to appoint representatives while maintaining flexibility in their distribution strategy. This document is commonly used when a principal wants to retain the right to appoint multiple agents or conduct business directly alongside their agents. It outlines the scope of authority, territories, commission structures, and mutual obligations while ensuring compliance with Australian competition law, particularly the Competition and Consumer Act 2010. The agreement is structured to protect both parties' interests while promoting fair competition and transparent business practices. It's particularly valuable for businesses expanding their market reach without committing to exclusive arrangements, and includes provisions for performance monitoring, territory management, and commission calculations.
Suggested Sections

1. Parties: Identification and details of the Principal and Agent

2. Background: Context of the agreement and general business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment: Terms of the non-exclusive agency appointment and scope

5. Term: Duration of the agreement, including commencement date and renewal provisions

6. Agent's Rights: Specific rights granted to the Agent under the non-exclusive arrangement

7. Agent's Obligations: Core responsibilities and duties of the Agent

8. Principal's Obligations: Core responsibilities and duties of the Principal

9. Commission Structure: Details of compensation, payment terms, and calculation methods

10. Reporting Requirements: Regular reporting obligations and performance metrics

11. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds and process for ending the agreement

14. Post-Termination Obligations: Obligations that survive after agreement ends

15. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution

Optional Sections

1. Territory Restrictions: Define geographical limitations of the agency when territory is relevant

2. Performance Targets: Specific KPIs and sales targets when performance measurement is required

3. Marketing and Promotion: Specific marketing obligations and restrictions when relevant to the agency scope

4. Training Requirements: Training obligations when specific product or service knowledge is required

5. Insurance Requirements: Specific insurance obligations when risk profile requires it

6. Sub-Agency Rights: Rights to appoint sub-agents when permitted

7. Data Protection: Specific data handling requirements when personal data is processed

8. Force Majeure: Provisions for unforeseen circumstances when significant business disruption risks exist

9. Non-Solicitation: Restrictions on soliciting clients or employees when competitive risks are high

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures and calculations

2. Schedule 2 - Products or Services: Comprehensive list of products or services covered by the agency

3. Schedule 3 - Territory Map: Geographical boundaries of the agency territory if applicable

4. Schedule 4 - Reporting Templates: Standard forms and templates for required reports

5. Schedule 5 - Service Level Requirements: Detailed performance standards and metrics

6. Appendix A - Approved Marketing Materials: Pre-approved marketing materials and guidelines

7. Appendix B - Operating Procedures: Detailed operational procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























Clauses



































Relevant Industries

Retail

Real Estate

Manufacturing

Distribution

Professional Services

Technology

Financial Services

Insurance

Export/Import

Consumer Goods

Industrial Products

Media and Entertainment

Telecommunications

Automotive

Healthcare

Relevant Teams

Legal

Sales

Business Development

Operations

Commercial

Compliance

Finance

Risk Management

Channel Management

Partner Relations

Relevant Roles

Business Development Manager

Sales Director

Commercial Manager

Legal Counsel

Contracts Manager

Chief Executive Officer

Managing Director

Operations Manager

Channel Manager

Agency Relations Manager

Distribution Manager

Regional Sales Manager

Compliance Officer

Business Owner

Partnership Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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