#书 Letter# Introduction With the development of the economy, more and more people are applying for brand agency when starting a business. Signing a brand agency authorization contract agreement can effectively protect the legitimate rights and interests of both parties. The following is how to write the 2021 brand agency contract agreement compiled for everyone. It is for reference only. You are welcome to read it.
Article 1 How to write the 2021 brand agency contract agreement
Party A: __________________
Party B: __________________
1. General Provisions< /p>
1. Party A authorizes Party B to be the "special agent/regional general agent for ______ products______ region" for a period from the date of signing this agreement to ______ years______ months _____ _The day ends. Agent authorization is reaffirmed annually.
2. Party B has the right to act as a special agent for ______ products______ area/general agent for ______ products______ area in the above authorized area (please select the authorization level in square brackets) , please strike through the unselected items) engaged in legitimate business activities related to the sale of ______ products.
3. The ______ products that Party A authorizes Party B to act as agents are: ______.
4. Except as stipulated in this agreement, either Party A or Party B shall have no commercial rights to the other party. We are not responsible for any legal actions or operating losses.
5. Party B must fill in the "______ Product Special Agent Registration Form" according to the actual situation and provide a copy of the corporate business license. When changes occur, Party A must be notified in writing for filing.
6. Party B has the right to develop lower-level agents and distributors. The developed lower-level agents and distributors and the signed lower-level agent and distributor agreements shall be filed with Party A. If Party B fails to register and sells products at a price lower than the lowest market price stipulated by Party A, Party B will be punished for disrupting market order. In serious cases, Party A may cancel Party B's qualification as a special agent.
7. Party B has the right to evaluate and complain about Party A’s work (sales management, marketing, advertising, business, technical services, product quality, etc.). When making a complaint, please fill out the "Special Agent Complaint Form".
2. Responsibilities and obligations of Party A and Party B
(1) Responsibilities and obligations of Party A:
1. Party A provides product sales and marketing for Party B Develop the required technical information and publicity materials;
2. Party A is responsible for the product advertising in East China, guiding and coordinating Party B’s sales behavior and advertising in the market, and occupying the market to the maximum extent;
3. Party A provides product warranty and maintenance services as stipulated in the product warranty;
4. Party A provides advertising support to Party B as stipulated in the advertising support method; (limited to regional general agents)
5. Party A shall provide Party B with market protection in accordance with the market protection conditions; (limited to regional general agents)
(2) Party B’s responsibilities and obligations:
p>1. Party B shall not distribute other competitive products other than Party A’s ______ products, otherwise Party B’s agent qualification will be revoked;
2. Party B is obliged to collect information on the local market and related competitive products Relevant information and timely feedback to Party A according to Party A's requirements;
3. Party B shall cooperate with Party A's regional or national market development, sales or publicity activities and strive to expand the market;
< p> 4. Party B must strictly abide by the product price system formulated by Party A (the systematic price system can only be obtained after the agent's status is determined). The product quotation published by Party B in the promotional media shall not be lower than the market quotation stipulated in Party A's price system; the actual sales price of Party B to direct customers shall not be lower than the minimum price stipulated in Party A's price system.If the fact that Party B violates the price limit of Party A's price system is confirmed, Party A will impose a financial penalty on Party B at three times the price difference of Party B's violation of the prescribed price. If the circumstances are serious, Party A has the right to terminate Party B's agency authorization;
5. Party B is obliged to maintain the image of Party A and its products, and shall not damage the interests of Party A in any form;
3. Business indicators, agency levels, price systems and reward and punishment measures
1. When Party A authorizes Party B to be a regional special agent or general agent for the first time (annual confirmation is not included), Party B must order at least a certain quantity of Party A’s authorized agent ______ before Party B can become Party A's regional special agent or general agent shall enjoy the regional special agent price or general agent price and the relevant rights and interests stipulated in this agreement.
2. During the authorization period, when Party A launches a new product, Party B shall order at least one new product sample within one month. If Party B does not order a new product sample for more than one month, Party A shall Party B is deemed to have given up the regional agency rights for the new product of this model, and Party A has the right to select other agents to sell the new product of this model.
3. The annual sales task that the regional general agent must complete within the agreement period is ______ million yuan (determined after discussion between the two parties). According to Party A's market sales plan, the sales task will be assessed on a monthly basis. The monthly sales task amount is detailed in the attachment.
4. If Party B reaches the predetermined sales volume during the sales inspection period, after confirmation, Party A will issue a regional agent/special agent certification and provide ______ agents/dealers at the same time. manual.
5. Party A provides market protection and advertising support to the regional general agent according to the following conditions:
(1) Market protection
Party A is authorized No other agents and distributors will be established in the region; the authorized special dealers previously established by Party A in the authorized region will be assigned to Party B for business management or their purchased sales will be counted as the amount of tasks completed by Party B; Party A will no longer directly Supply and sales (including dealers and direct customers); Party A will transfer customer information in authorized areas to Party B for processing.
(2) Market protection conditions
When the actual monthly purchase amount of the authorized general agent does not reach 60% of the monthly task amount; or the actual completion amount for two consecutive months When the purchase volume does not reach 80% of the total task volume in two months, Party A reserves the right to cancel Party B's general agent qualification and reduce it to a special dealer qualification.
(3) Advertising support
If Party B holds large-scale market development or public relations activities related to Party A’s ______ products, Party A needs to provide technical support and negotiation support. Party A shall be notified in advance, and Party A shall actively cooperate.
Party A will provide Party B with a publicity fund amount based on ______% of Party B’s total purchase amount. This publicity fund amount will be used to subsidize Party B’s advertising expenses in the area under its jurisdiction. The amount of the publicity fund provided by Party A is used according to the principle of matching investment by Party A and Party B. The matching ratio between Party A and Party B is ______:______, that is, the amount of the publicity fund provided by Party A, Party B must invest no less than the same amount of advertising and publicity fees. Advertising.
The advertisements made by Party B using the publicity fund ratio must be marked with the words "______product______regional special agent" (the regional general agent can be marked with "______product______regional general agent" ). The advertising sample must first be submitted (faxed) to Party A for confirmation before implementation, otherwise Party A has the right not to be reimbursed.
When Party B uses the publicity fund to reimburse its publicity expenses, it must issue: a complete advertising sample; a copy of the contract between Party B and the media or advertising company and a copy of the invoice. Otherwise, Party A has the right not to reimburse.
If Party B’s reimbursement procedures are complete, Party A will be responsible for completing the reimbursement within ______ months after receiving the reimbursement procedures, and remit the payment to Party B at the rate of ______% of Party B’s purchase price or offset it against the next order. An equal amount of payment (the agent can choose at his own discretion). If Party B is found to have acted falsely during the reimbursement process to Party A, all advertising fund usage quotas of Party B will be cancelled.
Party A: __________________
Party B: __________________
______year______month______day
Part 2 How to write the brand agency contract agreement in 2021
Manufacturer: __________________ Company (hereinafter referred to as Party A)
Agent: __________________ Company (hereinafter referred to as Party B) )
After friendly negotiation, Party A and Party B have reached the following agreement on Party B’s agency for Party A’s products in the designated area:
1. Agency authority
1. Party A grants Party B acts as an agent for Party A’s existing series of products within the province of _____________, including _____________. Party A’s other products shall be included in the scope of agency as determined by both parties through negotiation. Under the same conditions, Party B has priority.
2. Party B can only sell within the designated area and shall not engage in any sales outside the area.
3. Within one year after this contract takes effect, Party B will become Party A’s temporary agent. Temporary agents enjoy the same rights as formal agents except for regional agency rights. One year after the cooperation between Party A and Party B expires, Party A will issue an agency certificate. From then on, Party B will enjoy the agency rights in the designated area.
4. After Party B becomes a formal agent, it will act as an agent for Party A in the designated area. Party A is not allowed to have other agents to compete with Party B.
5. Unless there is a prior agreement with Party A, Party B shall not sell its agent's products to customers outside the designated area or to customers who are within the designated area but have reason to believe that their final sales destination is outside the designated area. Party A’s products.
6. Unless there is a prior agreement with Party B, Party A shall not sell products represented by Party B to any company or individual other than Party B within the designated area, nor shall Party A sell products represented by Party B to those outside the designated area. However, there is reason to believe that any company or individual whose final sales destination is within the designated area sells its products represented by Party B.
7. Within the designated area, Party B shall not change the design of Party A’s products without authorization, or entrust other manufacturers to imitate Party A’s products for illegal profit-making. Once discovered, Party A will cancel cooperation with Party B indefinitely and pursue legal action against Party B. Legal liability.
8. Party B serves as Party A’s agent in the designated area. Regardless of the purpose, Party B and its employees are not Party A’s agents and have no right to represent Party A.
2. Quality and Technical Assurance
The products sold by Party A to Party B are qualified products that meet the production quality and technical specifications. If the products sold by Party A to Party B do not meet the above requirements, Party A is responsible for compensating Party B for the products ordered. At the same time, moldy and rusty goods caused by poor storage are not within the scope of Party A’s quality and technical guarantee.
3. Product Price
1. The price of the agent product is the unified agency price given by Party A to the agent. The prices of the products provided by Party A to Party B are market competitive, that is, they are cost-effective compared with other similar products. Since the final sales of Party A's products are realized by Party B, Party A will promptly provide Party B with guidance or reference prices based on the specific requirements of each type of product based on the requirements of Party B and Party B's users. In principle, the final selling price specified by Party B should not be lower than the line quoted by Party A (unless otherwise agreed by Party A).
2. On the date of signing this agreement, Party A must submit a detailed product price list to Party B. The list includes the settlement price between Party A and Party B and the reference price for market users.
IV. Agency Discounts and Settlement
1. If Party A and Party B users directly sign a supply and service contract, Party A will determine Party B’s agent based on the contract price and payment progress. cost. On the premise of ensuring normal payment, the agency fee calculation method is:
(1) The contract amount is equal to the company:
Agency fee = contract amount ×_____________.
(2) The contract amount is within 50% (inclusive) of the company's
Agency fee = ×_____________ + (contract amount -) ×_____________.
(3) The part where the contract amount is higher than 50% of the company's
Agency fee = ×_____________ + (contract amount -) ×_____________.
(4) Based on the payment progress of Party B’s users, Party A will return the corresponding agency fees to Party B. The refund progress is as follows:
When the user’s payment progress reaches more than _____________% of the contract amount, the process begins. First return of agency fees:
First return: _____________% of the total agency fees.
When the user’s payment progress reaches more than _____________% of the contract amount, the second return of agency fees will begin:
Second return: Return of _____________% of the total agency fees.
When the user’s payment progress reaches more than _____________% of the contract amount, the third return of agency fees will begin:
The third return: Return to _____________% of the total agency fee.
The fourth refund of agency fees will be settled simultaneously with the balance of the user’s contract.
2. Party B must provide the corresponding value-added tax invoice when settling agency fees.
3. If Party B signs a supply and service contract directly with the user, Party A and Party B sign a formal domestic trade contract, and all rights and obligations will be implemented in accordance with the contract. If the user requires Party A to sign a guarantee, Party A agrees to cooperate.
4. Due to bidding, etc., the transaction price with the user is lower than the price (the bid price has been agreed in writing by Party A), Party A shall calculate 10% of the total price of the special products in the contract as Party B's profit.
5. Expenses
When Party B signs the contract, the price of the products provided by Party A to Party B shall be based on the final agreement between the two parties. Party A provides invoices, and Party A will not bear the costs and expenses of bidding, product exhibitions, business operations, product testing, etc. incurred by Party B when selling Party A's products.
When Party A signs the contract, the price of the products provided by Party A to Party B shall be based on the final agreement between the two parties. Party B shall provide the invoice and withdraw the discount from Party A. Party A will not be responsible for the bidding, product exhibition, business operations, product testing fees and costs incurred by Party B when selling Party A's products.
6. Support and services provided by Party A
In order to support Party B in expanding its regional market, Party A provides the following support to Party B in terms of advertising technology, accommodation, etc.:
< p> 1. Provide Party B with an agency certificate or other certification materials proving that Party B is the agent for Party A’s products in the area it represents.2. Party A will indicate Party B and its agency area (based on Party B’s needs) in its product advertisements and other public materials.
3. Party A will provide relevant training on product materials, designs and features according to Party B’s needs, and provide design modification (ODM) services for Party B’s major customers.
4. Party A is responsible for returning or free warranty for all products sold by Party B due to problems caused by Party A’s production quality, and provides paid maintenance services for products damaged due to other reasons.
VII. Sales Performance
1. Considering the vastness of the agency area, the long market cycle and the existence of many policy instability factors, Party B’s sales during the temporary agency period Performance is highly unpredictable, so Party A has the right to decide whether to issue a formal agency certificate based on Party B's performance during the temporary agency period. At the same time as the agency certificate is issued, Party A and Party B set the sales performance that Party B should complete each year.
2. If Party B fails to meet the above minimum requirements, Party A has the right to take the following measures:
(1) Cancel its agency rights;
(2 ), reduce its sales area;
(3) Terminate this contract.
Note: When the sales performance is not satisfactory, Party B should state in writing the factors that affect performance to facilitate Party A to make market decisions at the appropriate time.
8. Sales reports and market information
1. Party B shall provide Party A with a forecast for the next quarter at the beginning of the quarter, and provide a sales performance plan for the current year at the beginning of each year.
2. Within the agency area, Party B shall maintain the continuous improvement of the market share of Party A’s products, including user awareness (the content is not subject to this restriction):
(1), Information about competitors, their products and prices.
(2) Opinions of actual users and potential users on the product.
(3) User demand information.
(4) Future market development opportunities.
(5) Bidding information (including quoted and unquoted).
(6) Market research.
(7) Whether new products or improved new products can satisfy users.
(8) Market intelligence that helps Party A evaluate market dynamics in the sales area.
9. Intellectual property rights
1. Party B should sell products under Party A’s brand.
2. Party B shall not use Party A’s brand to sell products not designed and manufactured by Party A.
3. Once Party B discovers that another party has infringed upon Party A’s brand or other intellectual property rights, it shall notify Party A immediately. If Party A intends to pursue other parties' legal liability, Party B shall provide effective assistance.
4. Party A shall provide relevant instructions on the design and production of agent products.
10. Agreement Period
1. This agreement will officially come into effect after being signed by both parties, and will be valid for 12 months from the date of signature of the agreement. After 12 months, Party B will obtain Party A's official agency authority based on the official agency certificate faxed by Party A until the two parties terminate the agency partnership.
2. Party A has the right to evaluate Party B’s business contract during the temporary agency period of Party B. If Party B does not have any sales behavior, Party A has the right to modify this agreement and unilaterally terminate this agreement.
3. If the following circumstances occur, either party may terminate the agreement immediately:
(1) The other party violates the provisions of this agreement and fails to do so within 30 days after being warned. Remedial measures are taken;
(2) The other party is about to go bankrupt or cannot repay its debts;
(3) The other party has acted dishonestly or fraudulently.
4. Regarding the termination of the agreement.
(1) The termination of this agreement does not eliminate the payment of the amount owed by each party to the other party during the agreement period
(2) After the expiration of the agreement, Party A shall continue to Provide after-sales services to Party B’s existing users, including paid repairs for non-quality problems of products, and all costs incurred for repairs shall be borne by the customers.
(3) After the agency relationship is terminated, Party B shall immediately stop acting as an agent for Party A’s product sales, advertising or use of any Party A’s intellectual property unless it is necessary to complete additional orders. < /p>
Party A: _______________
Party B: _______________
In accordance with the "People's Republic of China and the Civil Code" and its relevant laws and regulations, Party A and Party B have entered into a friendly After negotiation, based on the principle of mutual benefit and common development, the following agreement was signed on the regional sales agency of the following equipment:
1. Basic information of the equipment
1. Product: _______________;
2. Trademark: _______________;
3. Region: _______________.
2. Cooperation methods and conditions
1. Distribution: Party B sells Party A on behalf of _______.
2. Party B pays Party A a service and sales deposit of _______ million yuan. When the contract expires and there are no after-sales service complaints, Party A will refund the deposit in one go.
3. Party A provides free technical training and training materials for after-sales service personnel to Party B. Party B must provide personnel to Party A for training, and Party A will provide Party A with food and accommodation expenses.
4. Party A must ensure the supply of spare parts to Party B. Spare parts within the warranty period are provided on a trade-in basis. Party A will charge cost for spare parts that have exceeded the warranty period.
5. Party A provides Party B with a distribution guarantee in the region, and Party A must feed back to Party B all relevant purchasing information in the region. Party B shall not sell Party A's products in non-agent areas without authorization.
6. Party B shall not operate or sell other brands of this equipment, and shall maintain the good reputation of the "_______" brand.
7. Party B’s annual sales volume shall not be less than _______ units, and the first batch of purchased goods shall not be less than _______ units.
3. Promotion, Advertising, Exhibition
1. Party A shall provide Party B with a reasonable number of price lists, advertising pictures and auxiliary information related to product distribution, etc. based on actual needs. Provide franchised agent authorization certificate and bronze medal.
2. After Party A and Party B complete the signing of this contract and purchase goods for the first time, Party B will make special advertisements for Party A’s brand locally, which will be implemented after Party A’s approval. The cost for the first quarter will be calculated as _______ yuan/month. , the cost shall be borne by Party A. Party B shall provide advertising samples and advertising invoices. The excess shall be borne by Party B.
3. Exhibition: For large-scale sports, leisure or related exhibitions held within the country, with the consent of Party A, Party B will rent the booth and organize the product exhibition, and the expenses will be borne by both parties.
IV. Price
1. Party A has the right to set and publish the price of equipment, and both Party A and Party B have the responsibility to keep the price confidential.
2. The price of products purchased by Party B during the authorization period shall be based on the "_______ Market Underwriting Agency Settlement Price" uniformly formulated by Party A.
3. Party B shall strictly follow the "_______ Market Sales Guide Price" for sales. When the sales price is adjusted due to market needs, the increase or decrease is required to be controlled within the range of _______%.
4. Party A must notify Party B seven working days in advance of any price adjustment.
5. Ordering, delivery and inspection
1. For each order, Party B will fax the purchase order to Party A, and Party A will send it back to Party B after confirmation. Party A shall not accept oral or other forms of orders.
2. Party A shall deliver the goods according to the location and quantity designated by Party B.
3. If the model, size, color, and quality of the goods shipped by Party A are inconsistent with the order content, Party B will notify Party A in writing to make corrections within seven working days from the date of receipt of the goods. .
VI. Quality Requirements
1. Party A is responsible for the quality of the equipment provided by Party A, and the warranty period is _____ years (subject to the product quality guarantee certificate).
2. If there is a quality problem with the product itself during the warranty period (excluding damage to the product caused by human and other abnormal factors), Party A will be responsible for replacing the equipment or performing repairs. Party B shall bear the costs of daily maintenance, maintenance, customer return visits and replacement of products beyond the warranty period.
VII. Confidentiality Agreement
1. Both Party A and Party B promise not to disclose to any third party information about the terms of this contract or information that the other party specifies shall not be disclosed.
2. Information or patents that should be kept confidential or have reasons to be kept confidential, including (but not limited to) relevant sales costs and other unpublished financial information, product and business plans, design plans, and marketing data and sponsor information, etc., but does not include the following information: (1) information that has been obtained through legal channels or information independently developed by one party; (2) information that has been disclosed in public materials; (3) that is generally known to the public information; (4) information that has been obtained from a third party through legal channels; (5) information required to be disclosed by law.
8. Liability for breach of contract
If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, causing losses to the other party, the amount of loss compensation shall be equal to the losses caused by the breach of contract. This includes the benefits that can be obtained after the performance of the contract, but shall not exceed the possible losses that the breaching party foresees or should have foreseen when entering into the contract.
9. Dispute Resolution
Any dispute arising out of or related to this contract shall be resolved through friendly negotiation between the two parties. When negotiation fails, both parties agree to adopt the following _______ dispute resolution method:
1. Both parties A and B agree to file a lawsuit with the People's Court in the location of _______.
2. Party A and Party B both agree to initiate arbitration with the _______ Arbitration Commission.
10. Other Agreements
1. Legal Governing The formation, validity, interpretation, performance and resolution of disputes of this contract shall be governed by the laws of the People's Republic of China.
2. Matters not covered in this contract shall be resolved through negotiation between Party A and Party B.
3. For the supplementary agreement, both parties can sign it in writing.
4. This agreement is made in two copies, with each party holding one copy. It will come into effect upon signature and seal of both parties.
Party A: ____________________ Party B: ____________________