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Marketing Representation Agreement Template for India

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Key Requirements PROMPT example:

Marketing Representation Agreement

"I need a Marketing Representation Agreement for my tech startup to appoint an exclusive marketing representative in Mumbai, India, who will promote our software products and receive a 15% commission on sales, with the agreement starting from March 1, 2025."

Document background
The Marketing Representation Agreement serves as a comprehensive legal framework for companies seeking to expand their market presence in India through appointed representatives. This document is essential when a business wishes to engage external parties to handle their marketing activities while maintaining control over brand representation and market approach. The agreement, governed by Indian law, typically includes detailed provisions on territorial rights, commission structures, performance expectations, and compliance requirements. It's particularly relevant for international companies entering the Indian market or domestic companies expanding their reach across different regions within India. The document ensures clarity in the principal-representative relationship while adhering to Indian legal requirements, including the Indian Contract Act, 1872, consumer protection laws, and industry-specific regulations.
Suggested Sections

1. Parties: Identification of the principal company and the marketing representative with full legal names and addresses

2. Background: Context of the agreement, including brief description of the principal's business and purpose of appointing a marketing representative

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of the representative and detailed scope of marketing services to be provided

5. Territory and Products: Definition of geographical area and specific products/services covered under the agreement

6. Rights and Obligations: Detailed responsibilities of both parties, including marketing activities, reporting requirements, and performance standards

7. Compensation: Commission structure, payment terms, and calculation methods

8. Intellectual Property Rights: Usage rights and restrictions regarding trademarks, logos, and marketing materials

9. Confidentiality: Protection of confidential information and trade secrets

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

11. Post-Termination Obligations: Obligations and restrictions after agreement termination

12. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. Non-Compete: Restrictions on representative's involvement with competing businesses, include when exclusivity is required

2. Marketing Budget: Details of marketing budget allocation and management, include when principal provides marketing funds

3. Performance Targets: Specific sales or marketing targets, include when performance-based metrics are crucial

4. Training and Support: Principal's obligations for training and supporting the representative, include when significant product knowledge is required

5. Insurance: Insurance requirements for the representative, include when activities involve significant risks

6. Data Protection: Specific provisions for handling personal data, include when marketing activities involve data collection

7. Sub-contracting: Terms for engaging sub-contractors, include when representative may need to delegate tasks

8. Force Majeure: Provisions for unforeseen circumstances, include when long-term relationship is contemplated

Suggested Schedules

1. Schedule A - Products and Services: Detailed list of products/services covered under the agreement

2. Schedule B - Territory Definition: Detailed description of geographical territories and any exclusions

3. Schedule C - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

4. Schedule D - Marketing Guidelines: Specific guidelines for marketing activities and brand usage

5. Schedule E - Reporting Templates: Standard formats for periodic reporting and performance tracking

6. Schedule F - Performance Metrics: Detailed KPIs and measurement criteria

7. Appendix 1 - Approved Marketing Materials: List of pre-approved marketing materials and templates

8. Appendix 2 - Compliance Checklist: Regulatory and compliance requirements for marketing activities

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

Consumer Goods

Technology

Manufacturing

Professional Services

Retail

Healthcare

Financial Services

Education

Telecommunications

Real Estate

Automotive

Fashion and Apparel

Food and Beverage

Industrial Products

Relevant Teams

Legal

Marketing

Sales

Business Development

Commercial Operations

Compliance

Brand Management

Contract Administration

International Business

Partner Relations

Relevant Roles

Marketing Director

Business Development Manager

Sales Director

Chief Marketing Officer

Regional Sales Manager

Channel Partner Manager

Legal Counsel

Compliance Officer

Marketing Operations Manager

Brand Manager

Commercial Director

Contract Manager

Business Development Executive

Marketing Representative

Territory 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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