Brand agency contract agreement 202 1 how to write it?
Party A: _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
I. General principles
1. Party A authorizes Party B to be "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Party B has the right to engage in legal business activities related to sales of _ _ _ _ _ _ _ _.
3. The _ _ _ _ product authorized by Party A to Party B is _ _ _ _.
4. Unless otherwise agreed in this Agreement, neither party shall be liable for the commercial and legal acts and operating losses of the other party.
5. Party B must fill in the special agent registration form of _ _ _ _ _ _ _ products according to the actual situation, and provide a copy of the business license of the enterprise as a legal person. Any change shall be notified to Party A in writing for filing.
6. Party B has the right to develop subordinate agents and distributors. The developed subordinate agents and distributors and the agreements signed between them shall be filed with Party A. If Party B sells products at a price lower than the lowest market price specified by Party A without filing, Party B will be punished for disrupting the market order. If the circumstances are serious, Party A may cancel Party B's special agent qualification.
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.). ). Please fill in the Special Agent Complaint when making a complaint.
Two. Responsibilities and obligations of Party A and Party B
(1) Responsibilities and obligations of Party A:
1. Party A shall provide Party B with technical materials and publicity materials needed for product sales and market development;
2. Party A is responsible for the advertising of products in East China, guiding and coordinating the sales behavior and advertising in Party B's market, and occupying the market to the maximum extent;
3. Party A shall provide product warranty and maintenance services in accordance with the product warranty contract;
4. Party A shall provide advertising support to Party B as stipulated in the Advertising Support Measures; (For regional distributors only)
5. Party A shall provide Party B with market protection according to market protection conditions; (For regional distributors only)
(II) Responsibilities and obligations of Party B:
1. Party B shall not distribute other competitive products other than those of Party A, otherwise Party B will be disqualified as an agent;
2. Party B has the obligation to collect relevant information about the local market and related competitive products, and give 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 to explore the market;
4. Party B must strictly abide by the product price system formulated by Party A (the system price system can only be obtained after confirming the identity of the agent). The product quotation published by Party B in the publicity media shall not be lower than the market quotation stipulated by Party A's price system; The actual selling price of Party B to direct selling customers shall not be lower than the lowest price stipulated by 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 an economic penalty on Party B at three times the price difference of Party B's violation. If the circumstances are serious, Party A has the right to terminate the agency authorization of Party B;
5. Party B has the obligation to maintain the image of Party A and its products, and shall not harm the interests of Party A in any form;
Three, business indicators, agency level, price system and reward and punishment measures.
1. When Party A authorizes Party B as the regional special agent or general agent for the first time (excluding annual confirmation), Party B must order at least a certain number of _ _ _ _ authorized by Party A to become the regional special agent or general agent of Party A, and enjoy the regional special agent price or general agent price and related rights and interests stipulated in this Agreement.
2. During the authorization period of Party B, when Party A launches a new product, Party B shall order at least one new product sample within one month. If Party B fails to order samples of new products for more than one month, Party A will consider that Party B has given up the regional agency right of this model of new products, and Party A has the right to choose another agent to sell this model of new products.
3. The annual sales task that the regional general agent must complete within the term of the agreement is RMB _ _ _ _ _ (determined by both parties through negotiation). According to Party A's marketing plan, the sales tasks are assessed on a monthly basis, and the monthly sales tasks are shown in the annex.
4. If Party B reaches the scheduled sales volume during the sales inspection period, after confirmation, Party A will issue a regional agent/special agent certificate and provide an agent/distributor manual.
5. Party A shall provide market protection and advertising support for the regional general agent according to the following conditions:
(1) market protection
Party A will no longer set up other agents and distributors in the authorized area; The authorized dealer established before Party A allocates the authorized area to Party B for business management or purchase sales shall be counted as the amount of tasks completed by Party B; Party A will no longer supply and sell directly in the authorized area (including distributors and direct customers); Party A will hand over the customer information in the authorized area to Party B for processing.
(2) market protection conditions
When the actual monthly purchase volume of the authorized general agent is less than 60% of the monthly task volume; Or when the actual purchase volume for two consecutive months is less than 80% of the total task volume for two months, Party A has the right to cancel the general agent qualification of Party B and reduce it to the special agent qualification.
(3) Advertising support
If Party B holds large-scale market development or public relations activities related to Party A's products and needs Party A's technical support and negotiation support, it shall notify Party A in advance, and Party A shall actively cooperate.
Party A shall provide Party B with _ _ _% of the total purchase amount of Party B's publicity funds to subsidize Party B's advertising expenses in the area under its jurisdiction. The amount of publicity funds provided by Party A shall be used according to the principle of matching investment between Party A and Party B, and the matching ratio between Party A and Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The words "special agent whose advertising sample is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
When Party B uses the publicity fund to reimburse its publicity expenses, it must produce: a complete advertising sample; Copy of contract and invoice between Party B and media or advertising company. 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 money to Party B according to the proportion of _ _ _% of Party B's payment or offset the payment for the next order with the same amount (at the option of the agent). If Party B discovers any false behavior in the process of reimbursement to Party A, it will cancel all the use quota of Party B's advertising funds.
Party A: _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Brand agency contract agreement 202 1 how to write it?
Manufacturer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Company (hereinafter referred to as Party B)
Through friendly negotiation, Party A and Party B reach the following agreement on Party B's agency of Party A's products in the designated area:
I. Institutional powers
1. Party A authorizes Party B to represent Party A's existing series of products in _ _ _ _ _ _ _ _ _, including _ _ _ _ _ _ _. Whether other products of Party A are included in the agency scope shall be decided by both parties through consultation. Under the same conditions, Party B has priority.
2. Party B can only sell in the designated area, and shall not sell outside the area.
3. Within one year after this contract comes into effect, Party B becomes the temporary agent of Party A. Except for the regional agency, the temporary agent enjoys the same rights as the formal agent. After the cooperation between Party A and Party B has been completed for one year, Party A will issue the agency certificate, and Party B will enjoy the agency right in the designated area from now on.
4. After Party B becomes a formal agent, it will represent Party A in the designated area, and Party A shall not have other agents to participate in Party B's competition.
5. Unless an agreement is reached with Party A in advance, Party B shall not sell the products of Party A that it represents to customers outside the designated area or within the designated area who have reason to believe that their final sales destination is outside the designated area.
6. Unless an agreement is reached with Party B in advance, Party A shall not sell the products of Party B to any company or individual except Party B in the designated area, nor shall it sell the products of Party B to any company or individual outside the designated area who has reason to believe that its final sales destination is within the designated area.
7. In the designated area, Party B shall not change the design of Party A's products without authorization, or entrust other manufacturers to copy Party A's products for illegal profit. Once found, Party A will cancel the cooperation with Party B indefinitely and pursue Party B's legal responsibilities.
8. As the agent of Party A in the designated area, Party B and its employees are not the agents of Party A under any circumstances and have no right to represent Party A. ..
Second, the quality and technical guarantee
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 has the responsibility to compensate the products ordered by Party B. At the same time, the mildew and rust of the goods caused by improper storage are not within the scope of quality and technical guarantee of Party A. ..
Third, the product price.
1. The price of the agent product is the unified agent price given by Party A to the agent. The price of products provided by Party A to Party B is competitive in the market, that is, compared with other similar products, it has higher cost performance. Since the final sales of Party A's products are realized by Party B, Party A will provide guidance or reference prices to Party B in time according to the requirements of Party B and its users and the specific requirements of each type of products. In principle, the final selling price stipulated by Party B shall not be lower than the quotation line of Party A (except as agreed by Party A).
2. On the date of signing this agreement, Party A shall submit a detailed product price list to Party B, including the settlement price of Party A and Party B and the reference price of market users.
4. Agency discount and settlement
1. If Party A directly signs a supply and service contract with Party B's users, Party A shall determine Party B's agency fee according to the contract price and payment schedule. On the premise of ensuring normal payment, the calculation method of agency fee is as follows:
(1), the contract amount is equal to the company:
Agency fee = contract amount × _ _ _ _ _.
(2) The contract amount is more than 50% of the company (including 50%).
Agency fee = × _ _ _ _ _+(contract amount-)× _ _ _ _ _ _.
(3) The contract amount exceeds 50% of the company.
Agency fee = × _ _ _ _ _+(contract amount-)× _ _ _ _ _ _.
(4) According to the payment schedule of Party B's users, Party A shall return the corresponding agency fees to Party B, and the return schedule is as follows:
When the user's payment progress reaches above _ _ _ _ _ _% of the contract amount, the agency fee will be refunded for the first time:
First return: return _ _ _ _ _ _ _ _% of the general agent fee.
When the user's payment progress reaches more than _ _ _ _ _% of the contract amount, the agency fee will be refunded for the second time:
Second return: return _ _ _ _ _ _ _ _% of the total agency fee.
When the user's payment progress reaches more than _ _ _ _ _% of the contract amount, the agency fee will be refunded for the third time:
Third return: _ _ _ _ _ _ _ _% of the general agent's fee.
The agency fee returned for the fourth time shall be settled synchronously with the user's contract balance.
2. Party B shall provide the corresponding VAT invoice when settling the agency fee.
3. If Party B directly signs a supply and service contract with users, both parties will sign a formal domestic trade contract, and then all rights and obligations will be implemented according to the contract. If the user needs Party A's signature guarantee, Party A agrees to cooperate.
4. If the transaction price with users is lower than the bid price (which has been approved by Party A in writing), Party A will take 65,438+00% of the total price of special products in the contract as Party B's profit.
Verb (abbreviation for verb) cost
When Party B signs the contract, the price of products provided by Party A to Party B shall be determined by the final agreement of both parties. Party A shall provide invoices, and Party A shall not bear the expenses, costs and expenses incurred by Party B in bidding, product display, operation and product testing for selling Party A's products.
When Party A signs the contract, the price of products provided by Party A to Party B is determined according to the final agreement between the two parties, and Party B provides invoices and draws discounts from Party A. Party A will not bear the expenses and costs of bidding, product display, commercial operation and product inspection when Party B sells Party A's products.
The support and service provided by Party A.
In order to support Party B to expand the regional market, Party A provides Party B with the following support in advertising technology and accommodation:
1. Provide Party B with agency certificate or other supporting materials to prove that Party B is the agent of Party A's products in its agency area.
2. Party A will indicate Party B and its agency area in its product advertisements and other public materials (according to Party B's needs).
3. Party A will provide training on product materials, design and characteristics according to Party B's requirements, and provide ODM services for Party B's major customers.
4. For the products sold by Party B due to the quality of Party A's production, Party A is responsible for returning all the products or providing free warranty; for the products damaged due to other reasons, Party A provides paid maintenance services.
Seven, sales performance
1. Considering that the agency area is vast, the market cycle is long, there are many unstable factors in policies, and the sales performance of Party B during the temporary agency period is unpredictable, Party A has the right to decide whether to issue a formal agency certificate according to Party B's performance during the temporary agency period. When issuing the agency certificate, Party A and Party B set the annual sales performance that Party B should complete.
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;
(2) reduce its sales area;
(3) Terminate this contract.
Note: If the sales performance is not satisfactory, Party B shall explain the factors affecting the performance in writing, so that Party A can make market decisions at an appropriate time.
Eight, sales report, market information
1. Party B shall provide Party A with the forecast for the next quarter at the beginning of each quarter and the sales performance plan for this year at the beginning of each year.
2. In the agency area, Party B shall keep the market share of Party A's products continuously improving, including user awareness (the content is not limited to this):
(1), competitors' information, their products and prices.
(2) opinions of actual users and potential users on products.
(3) User demand information.
(4) Future market development opportunities.
(5), bidding information (including quotation and not quotation).
(6) Market research.
(7) New products or improved products can satisfy users.
(8) Market information that is helpful for Party A to evaluate the market dynamics in the sales area.
Nine. intellectual property
1. Party B shall sell products under the premise of 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 the other party has infringed Party A's brand or other intellectual property rights, it shall immediately notify Party A. If Party A intends to pursue the other party's legal responsibility, Party B shall provide effective assistance.
4. Party A shall provide relevant guidance for the design and production of the agent products.
X. terms of the agreement
1. This agreement shall come into effect after being signed by both parties, and the validity period is 12 months, counting from the date of signing the agreement. /kloc-After 0/2 months, Party B shall obtain the official agency authority of Party A with the official agency certificate faxed by Party A until both parties terminate the agency cooperation relationship.
2. During the temporary agency period of Party B, Party A has the right to review Party B's business contract. If Party B has no sales behavior, Party A has the right to modify this agreement and unilaterally terminate this agreement.
3. Either party may terminate this agreement immediately under any of the following circumstances:
(1). The other party violates the provisions of this agreement and fails to take remedial measures within 30 days after receiving the warning;
(2) The other party is about to go bankrupt or unable to pay its debts;
(3) The other party is dishonest or fraudulent.
4. About the termination of the agreement.
(1). The termination of this agreement cannot eliminate the money owed by each party to the other party during the agreement period.
(2) After the expiration of the agreement, Party A will continue to provide after-sales service to Party B's existing users, including paid maintenance for non-quality problems of products, and all expenses arising from maintenance shall be borne by the customers.
(3) After the termination of the agency relationship, unless it is necessary to complete additional orders, Party B shall immediately stop selling, advertising or using any intellectual property rights of Party A..
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _ _ _ _ _
Brand agency contract agreement 202 1 how to write it?
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
According to the Civil Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B, on the principle of mutual benefit and common development, have reached the following agreement on the regional sales of the following equipment through friendly negotiation:
First, the basic situation of equipment
1, product: _ _ _ _ _ _ _ _ _ _;
2. Trademark: _ _ _ _ _ _ _ _ _ _ _;
3. Region: _ _ _ _ _ _ _.
Second, the way and conditions of cooperation
1. Distribution method: Party B sells to Party A _ _ _ _.
2. Party B shall pay Party A the service and sales deposit of RMB Yuan only. Upon the expiration of the contract, if there is no after-sales service complaint, Party A will refund the deposit in one lump sum.
3. Party A shall provide technical training and training materials for after-sales service personnel to Party B free of charge, and Party B shall provide personnel to Party A for training, and the accommodation expenses in Party A shall be provided by Party A.. ..
4. Party A shall guarantee the supply of Party B's spare parts. During the warranty period, spare parts are provided in the form of trade-in. The cost of spare parts outside the warranty period shall be charged by Party A..
5. Party A shall provide Party B with the distribution guarantee in this area, and Party A shall feed back all relevant purchasing information in this area to Party B. Party B shall not sell Party A's products in the non-agency area without authorization.
6. Party B shall not sell equipment of other brands to maintain the good reputation of "_ _ _ _ _ _" brand.
7. The annual sales volume of Party B shall not be less than _ _ _ _ _ _, and the first purchase quantity shall not be less than _ _ _ _.
Three. Promotions, advertisements and exhibitions
1. Party A shall provide Party B with a reasonable number of price lists, advertising pictures and auxiliary materials related to product distribution according to actual needs, and provide the authorization certificate and bronze medal of the franchise agent.
2. After Party A and Party B sign this contract and purchase the goods for the first time, the local special advertisement of Party A's brand made by Party B will be implemented after Party A approves it. The fee will be calculated at RMB _ _ _ _ _ _ _ _
3. Exhibition: For large-scale sports, leisure or related exhibitions held in China, with the consent of Party A, Party B will lease booths and organize product exhibitions at the expense of both parties.
Fourth, the price
1. Party A has the right to set and publish the equipment price, and both parties have the responsibility to keep the price confidential.
2. The price of products purchased by Party B during the authorization period shall be in accordance with the settlement price of the market underwriting agent uniformly formulated by Party A. ..
3. Party B shall sell in strict accordance with the market sales guidance price. When the sales price needs to be adjusted due to the market, it should be controlled within _ _ _ _ _ _%.
4. Party A shall notify Party B of the price adjustment seven working days in advance.
V 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 will not accept oral or other orders.
2. Party A shall deliver the goods at the place and quantity specified by Party B. ..
3. If the model, size, color and quality of the goods sent by Party A are inconsistent with the contents of the order, Party B shall notify Party A in writing to correct it within seven working days from the date of receipt.
Six, quality requirements
1. Party A shall be responsible for the quality of the equipment provided by it, and the warranty period is _ _ _ _ years (subject to the product quality guarantee).
2. During the warranty period, if the product itself has any quality problems (except the damage caused by man-made and other abnormal factors), Party A shall be responsible for replacing the equipment or carrying out maintenance. The daily maintenance, maintenance, customer return visit and replacement of products out of warranty period shall be undertaken by Party B. ..
Seven. Confidentiality agreement
1. Party A and Party B promise not to disclose the information about the terms of this contract or the information designated by the other party to any third party.
2. Confidential or reasonably confidential information or patents, including (but not limited to) sales costs and other undisclosed financial information, product and business plans, design schemes, marketing materials and sponsor information, but excluding the following information: (1) information obtained through legal channels or information independently developed by one party; (2) The information already disclosed in the public materials; (3) Information that has been widely known by the public; (4) Information obtained from a third party through legal channels; (5) Information required to be disclosed by law.
Eight. responsibility for breach of contract
If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Nine. Dispute mediation
Any dispute arising from or related to this contract shall be settled by both parties through friendly negotiation. If negotiation fails, both parties agree to adopt the following _ _ _ _ _ dispute settlement method:
1. Party A and Party B agree to bring a lawsuit to the local people's court.
Party A and Party B agree to submit the case to the Arbitration Commission for arbitration.
X. Other agreements
1. Jurisdiction The conclusion, validity, interpretation, performance and dispute settlement of this contract shall be governed by the laws of People's Republic of China (PRC).
2. Matters not covered in this contract shall be settled by both parties through consultation.
3. For the supplementary agreement, both parties may sign it separately in writing.
4. This Agreement shall be made in duplicate, one for each party, and shall come into force after being signed and sealed by both parties.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _