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Agency Partnership Agreement Template for United States

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Key Requirements PROMPT example:

Agency Partnership Agreement

"I need an Agency Partnership Agreement for my real estate business to appoint a sales agent who will also be a 25% profit-sharing partner, operating exclusively in the Miami metropolitan area starting March 2025."

Document background
The Agency Partnership Agreement is used when parties wish to create a hybrid business relationship that includes both agency and partnership elements under U.S. law. This document is particularly valuable when establishing long-term business relationships where one party will act as an agent while also sharing in the profits and risks of the venture. The agreement typically includes provisions for authority scope, compensation structure, profit-sharing, liability allocation, and operational responsibilities, while ensuring compliance with both federal and state partnership and agency laws.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details

2. Background/Recitals: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Agency: Defines the specific powers, duties, and limitations of the agent's authority

5. Term and Termination: Duration of the agreement and conditions for termination

6. Compensation: Details of commission, fees, and payment terms

7. Obligations and Responsibilities: Specific duties of both principal and agent

8. Liability and Indemnification: Allocation of risks and responsibilities between parties

9. Governing Law: Specifies applicable jurisdiction and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on competitive activities - used when protecting business interests from competition is crucial

2. Intellectual Property: Rights and ownership of IP created during the agency - used when IP creation is part of the agency relationship

3. Insurance: Required insurance coverage - used when specific insurance requirements need to be maintained

4. Territory: Geographic scope of agency - used when agency is limited to specific regions

5. Performance Metrics: Specific targets and evaluation criteria - used when performance-based compensation or evaluation is needed

Suggested Schedules

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

2. Territory Map: Visual representation of geographic coverage area

3. Product/Service List: Detailed list of products or services covered by the agency

4. Performance Metrics Schedule: Detailed KPIs and evaluation criteria

5. Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts

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

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Industries

Uniform Partnership Act (UPA) and Revised Uniform Partnership Act (RUPA): Federal legislation providing the basic framework for partnership formation, operation, and dissolution. RUPA is the modern version adopted by most states.

Federal Agency Law: Fundamental principles governing the relationship between principals and agents, including authority, duties, and liability.

Securities Exchange Act: Federal law that may apply if the partnership involves securities or investment activities.

Internal Revenue Code: Federal tax regulations affecting partnership taxation, income distribution, and reporting requirements.

Federal Antitrust Laws: Sherman Act and Clayton Act provisions preventing anti-competitive behavior and monopolistic practices.

State Partnership Acts: State-specific legislation governing partnership formation, operation, and dissolution within the particular state.

State Agency Laws: State-specific regulations governing agency relationships, including licensing and registration requirements.

Industry-Specific Regulations: Specialized rules and licensing requirements for particular industries or professional services.

Fair Labor Standards Act: Federal employment law governing wages, hours, and employment practices that may affect agency partnerships.

Independent Contractor Regulations: Federal and state rules distinguishing independent contractors from employees, crucial for agency relationships.

State Contract Law: General principles of contract formation, enforcement, and remedies specific to the governing state.

Statute of Frauds: Legal requirement that certain contracts, including some agency agreements, must be in writing to be enforceable.

Liability Provisions: Laws governing limited liability, professional liability, and insurance requirements for partnerships and agencies.

Intellectual Property Laws: Federal and state regulations protecting trademarks, copyrights, and trade secrets within the agency partnership context.

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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