Exclusive Marketing Agreement for the United States
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Exclusive Marketing Agreement
"I need an Exclusive Marketing Agreement for my software company to appoint a marketing agency as our sole representative in the Western United States, with specific performance metrics and a revenue-sharing model starting from March 2025."
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1. Parties: Identification and details of the parties entering into the agreement
2. Background/Recitals: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of exclusive marketing appointment and territory coverage
5. Term and Termination: Duration of agreement and termination conditions
6. Marketing Obligations: Specific duties and responsibilities of the marketing party
7. Compensation: Payment terms, commission structures, and financial arrangements
8. Intellectual Property Rights: Usage rights and protection of trademarks, copyrights, and other IP
9. Confidentiality: Protection of confidential information and trade secrets
1. Performance Metrics: Specific KPIs and targets - include when measurable performance standards are required
2. International Marketing: Provisions for cross-border marketing activities - include when marketing extends beyond domestic markets
3. Digital Marketing Provisions: Specific terms for online marketing activities - include when digital marketing is a significant component
4. Compliance Requirements: Industry-specific regulatory compliance - include when marketing regulated products/services
1. Territory Schedule: Detailed description of geographic coverage
2. Commission Schedule: Detailed breakdown of commission structures and calculations
3. Marketing Materials: Examples or templates of approved marketing materials
4. Brand Guidelines: Specific requirements for brand usage and representation
5. Performance Metrics Schedule: Detailed KPIs and measurement methodologies
6. Approved Marketing Channels: List of authorized marketing platforms and channels
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