1. Pay attention to the difference between agents and distributors.
There is a big difference between being a product agent and being a distributor. If we are agents, all the sales contracts signed by the other party on the finished products will be borne by us, which requires a considerable trust relationship between us and the other party. In the case of distribution, we only sell the products to the other party, and the other party will sell them in the agreed area. We do not assume the legal responsibilities (except product responsibilities) that the other party should bear for further sales.
2. Problems that should be paid attention to before signing the contract
Products should be clearly defined. It should be clear whether it is the same type of product, a certain product or all the products we produce or export.
Payment to the other party. It should be clear whether the remuneration paid to the other party is in the form of the difference between our exports and the sales of the other party or in the form of a percentage.
Performance appraisal. The quantity or amount of products he should sell in a certain period of time should be determined with the other party. For example, it is stipulated that the other party must sell a certain quantity or amount of products within a certain period of time (such as one year). If we don't agree on the quantity or amount that the other party should complete, it will often lead to insufficient constraints on the other party in practice and fail to achieve our marketing purpose.
Intellectual property protection. Whether the product involves patents, if so, the other party should bear the patent protection responsibility of helping to protect the product in its sales area, such as helping to apply for patent protection locally and stopping others from infringing. In addition, products generally have trademarks, so it is necessary to consider whether it is necessary to apply for registered trademarks in the other country or even in other countries where they are sold. Because trademark protection is regional, that is, it is only protected by law in the country (region) where the trademark is registered, special attention should also be paid to the foreign registration of export products.
Both the agent and the distributor must sign a written contract. When signing a written contract, we should pay attention to the following main issues: the names of both parties should be full names rather than abbreviations. When we or the other party is a member of a group company (such as a subsidiary or branch company), the full name should be stated. Clarify the trading method. That is, whether it is an agent or a dealer. Is it an exclusive agency or distribution or other forms of agency or distribution? Whether the other party is allowed to represent or distribute the products of other parties, etc.
Specify the area range. The contract shall clearly stipulate the agent or distribution area of the other party according to the specific circumstances of the transaction, our intention and the ability of the other party to expand the market. So as not to cause price competition between our products in different markets and different sellers. Agree on the scope and quantity or amount of products. That is, the specific products that the other party represents or distributes, and the quantity or amount of products that should be represented or distributed within a certain period of time. Payment and settlement methods. According to whether the transaction mode is agent or distribution, the calculation method of remuneration is clear. Agree on how the two parties will pay the remuneration, even the settlement and payment method (under the distribution method).
The obligation of the other party to promote the products in the local market. Such as advertisements, exhibitions, the provision of market information, and the cost burden caused by these marketing promotions. Termination of the contract. It should be agreed under what circumstances the contract will be automatically terminated and under what circumstances it will be terminated early. This is very important for protecting our interests and controlling the initiative of trading. Liability for breach of contract. Due to different local laws and regulations, it is best to agree on the calculation methods of liquidated damages and damages in advance for the liability for breach of contract, so as to avoid the difficulty in determining the amount of liquidated damages or damages after disputes arise.
Applicable law. In international trade, the applicable law of the contract must be stipulated in the contract in advance, and it is no exception in agency or distribution transactions. Dispute resolution methods. This directly determines the difficulty and mode of dispute settlement in the future, and also involves the implementation of dispute settlement plans and decisions. In view of the fact that arbitration is a generally accepted way in international trade, and it is easy to implement in various countries, it is suggested to adopt arbitration. At the same time, the arbitration institution and arbitration place need to be agreed.
Question 2: What do you mean by agency and joining? Agents don't have to pay or pay less franchise fees, but they must pay a fixed franchise fee to join.
However, the agent should check the credibility.
Although they are both partners, they are quite different in nature.
Agents can enjoy regional product protection and price advantages, and belong to local spokespersons of manufacturers. If they want a sales requirement, manufacturers will cling to advertising, technology and equipment. Franchisees are only a kind of terminal manufacturers and a kind of point of sale, which has no advantage in product price, but the sales task is generally not very heavy.
The agent authorizes you to have all the distribution rights in this area, which is exclusive and unique. You can develop distributors and distribute according to your own situation. Sometimes the agent will charge the operating deposit, and of course there will be a guarantee limit on the amount of sales or delivery. If it fails, it will bear the agreed compensation or loss.
Joining is a distribution method for merchants or manufacturers to expand sales. Generally speaking, there are uniform doors, uniform decoration and dress requirements. Joining regular experienced and powerful businesses can reduce your business risk to a very low level. But whether you are an agent or a distributor depends on your actual situation.
The agent can represent or replace the company in the authorized area, which is more independent in marketing and equal to the company in the authorized area; Franchisees should agree with the business philosophy, abide by the company's regulations and accept the company's supervision.
Question 3: What is the specific meaning of regional agency? There are two kinds of regional agents: provincial agents and retail agents. Provincial agency means that this province is the scope of this agency. If someone wants to do it in this province, they should contact this agent, that is, the regional office. And the retail agent means to open a retail store in a certain place to do retail, so he must contact the provincial agent to discuss the conditions, and you can represent the brand if both conditions are met.
Question 4: What's the difference between single store joining and agent joining? Joining a single store means finding a suitable facade to open a store in the contracted area; Agency joining means that franchisees can invite investment to join within the scope agreed in the contract; Single store joining only allows franchisees to open one store. If franchisees open a second store, they need to pay the same joining fee. If an agent joins, he can open a number of stores in the agency area, and the company does not charge any joining fees; The agent has the right to invite investment in the area he represents and collect all the fees for joining a single store.
Question 5: What do you mean by catering regional agency? 1' s regional general agent's income comes from the operating profits of all self-operated stores in the region and the difference in purchase discounts of franchise stores. Secondly, the regional general agent develops franchise stores in its own jurisdiction, and part of the management fee belongs to the regional agent; Third, in the region, the headquarters will rebate to the regional agents according to the total sales of regional materials; The fourth is to provide semi-finished products for franchisees in the region.
These five parts are the approximate profit points after becoming a regional agent. Don't underestimate these five parts, in fact, each part can bring huge benefits to agents. Below, we take an ordinary regional agent in a prefecture-level city as an example to calculate an account, and we can see what the profit return of a regional agent is.
Question 6: What is a regional agent franchisee? It means that all 1 areas belong to you. Others can't open stores of the same brand in your area, but the agent has task requirements.
Consider making a small jewelry store? Gadget jewelry chain, clean, easy to make money ~
Question 7: What does regional agency mean? How to represent a brand? Regional agency-how to represent a brand in a region-sell the brand in the agency area.
Question 8: What is the difference between an agent and a franchisee? According to the present statement, the agent has more power than the franchisee; Agents are divided into general agents, first-class agents and second-class agents, which can also be said to be district-level agents and municipal agents. Agents need to be legal persons, have their own companies, and have the financial resources and operational capabilities that meet the requirements of the company. The company authorizes agents to operate their own brands in a certain area, and agents can develop their own franchisees, but they need to report to the head office; Franchisee is to join a brand as a brand to sell and open a shop, but franchisee can also be first-class or second-class; Generally speaking, larger company groups will be divided into East China agents and South China agents. And small companies will directly develop franchisees;