Agent Appointment Agreement Sample
CONSIDERING that the Company and the Agent wish to enter into an agreement under which the Agent markets and sells the Product in accordance with the terms and conditions contained herein. An agency contract can be used for any type of agent-principal relationship. B for example for large enterprises (where an agent may act in public for the principal or sign agreements on behalf of the principal) for small enterprises or individuals (where an agent may perform a single task for the principal). An agency contract, sometimes called an agent contract, is a document between two parties, a principal and an agent. The client is the person who essentially « hires » or commands the agent (although there is usually no working relationship between the two). The agent is the person acting on behalf of the client. In an agency contract, the agent undertakes to assume certain responsibilities and the client undertakes to assign certain responsibilities to the agent so that the agent can act in the specific situations described in the agreement for the client. As part of these agreements, the client and agent describe their expectations of the Agency`s conduct and agree on the boundaries of the relationship between them. The form filler also enters the main features of the agreement between the parties, such as the duration of the agency (whether it is to be continued indefinitely until the services are terminated or otherwise or end at a certain time), information about fees and, of course, what exactly the agency is for.
Representations and Warranties. Both parties declare that they have the full right to enter into this Agreement. The performance and obligations of either party does not violate or violate the rights of any third party or violate any other agreement between the parties, individually and any other person, entity or company, or any government law or regulation. Appointment. Customer hereby designates The Agent as Customer`s representative to provide the Services on Customer`s behalf. Moderated by Pernille Kærvad Jacobsen from BIMCO, Head of Contracts & Clauses and with a panel of members involved in the development of the new form, the webinar introduced the new agency contract, explained the reasons for drawing up the agreement and answered participants` questions on the form. Compensation. The parties agree to indemnify and hold harmless the other party, its respective affiliates, officers, agents, employees and successors and permitted assigns from and against all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable attorneys` fees and costs of any kind or amount arising out of the indemnifying party`s negligence or breach of this Agreement. and/or their respective successors and assigns arising therefrom. Agreement. This section shall remain in full force and effect even after the termination of the Agreement by its natural termination or early termination by either party. In an agency contract, the completed form can enter the most important details of the relationship between the parties: things like a description of the services the agent will provide, as well as the client`s general affairs and how the client is expected to pay.
A good agency contract will also cover both the client and the agent in the event of a problem: elements such as dispute resolution and applicable law should be included. The agency agreement contains a number of standard provisions for the appointment of an officer for a one-time port visit. The agreement shall be concluded between the agent and a shipowner, ship operator, charterer or manager and shall specify the services to be provided and the remuneration to be paid. This contract was published on January 9, 2017 and is the last edition. This document can be used for a principal who wishes to hire an agent to handle specific services, or for an agent who is about to start services for a principal. In this document, the form filler can enter relevant identification details about the agent and principal, as well as a general description of the type of business that the principal normally operates. In the event of termination, the Contractor shall return all Customer Content, Materials and results of the resulting Work, if any, to the Customer as soon as possible, but in no case more than thirty (30) days after the date of termination. IN WITNESS WHEREOF, this Service Level Agreement becomes an integral part of the Agreement by its performance by the parties listed below. Therefore, subject to the promises and conditions contained herein, the parties agree that: Subject to certain limitations set forth herein, the Company hereby authorizes the Agent to market and offer for sale the Products in accordance with the terms and restrictions set forth in this Agency Agreement.
The Agent agrees to indemnify, defend and protect the Company against all claims and costs of any kind in connection with any violation of the law, this Agreement or the rights of third parties by the Agent while acting in accordance with this Agreement. These costs include, but are not limited to, reasonable attorneys` fees. Waiver. The failure of either party to exercise any right, authority or privilege under the terms of this Agreement shall not be construed as a waiver of any subsequent or future exercise of such right, power or privilege or as the exercise of any other right, power or privilege. Scope of powers. The Entrepreneur`s power to bind the Customer is limited to the Services. The Agent is not authorized to bind the Customer in any way beyond the services mentioned herein. The Entrepreneur has the right to market the Product in [Territory] (the « Territory »). Limitation.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF ANY PART OF THIS AGREEMENT, SUCH AS.B. LOSS OF ANTICIPATED REVENUE OR PROFITS OR LOSS OF BUSINESS, COSTS OF DELAYS OR FAILURES IN DELIVERY THAT ARE NOT RELATED TO OR ARE NOT DIRECTLY RELATED TO OR DIRECTLY RESULT FROM THE NEGLIGENCE OR DAMAGE OF A PARTY. 1. If the parties terminate this Agreement for any reason, the Company will only pay the Agent for sales of the Products made prior to the Termination Date. An agency contract differs from an employment contract because an agency contract does not create a full-time employment relationship. An employment relationship comes with additional benefits: things like workers` compensation for certain positions or paid leave or even health benefits. An agency relationship contains none of these benefits and usually lasts only a short time, as opposed to a contract of indefinite duration or longer term for an employment relationship. This Agreement and the interpretation of its terms shall be governed by the laws of the state [state] and are subject to the exclusive jurisdiction of the federal and state courts located in [County], [State]. After entering the required information, the agreement must be printed and signed by both parties and then retained for both parties for the duration of the agreement and for a reasonable period thereafter. Legal and binding agreement.
This Agreement is legally valid and binding between the parties as set forth above. This agreement can be concluded both in the United States and throughout Europe and is legally binding and binding. The Parties each declare that they have the power to enter into this Agreement. Divisibility. In the event that any provision of this Agreement is held to be invalid or unenforceable in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions shall remain in full force and effect as they are valid and enforceable. Privacy and Intellectual Property. Under this Agreement, Customer may be required to disclose proprietary information, including trade secrets, industry knowledge and other confidential information, to the Agent in order for the Agent to complete the Services. The agent will not disclose this protected information at any time. The agent will also not use this protected information at any time for the personal benefit of the agent. The Agent acknowledges and agrees that all copyrights, trademarks and service marks and rights are licensed to the name or Principal and remain the sole and complete property of the Principal and that the Agent does not acquire or claim any right, title or interest of any kind in such copyright, trademark. or service mark.
This section shall remain in full force and effect even after the termination of the Agreement by its natural termination or early termination by either party. A modification of this Agreement will only be effective if it is made in writing and has been agreed to by both parties. Termination. This Agreement may be terminated as follows: This Agency Agreement will help define the expectations of both parties prior to the commencement of the Agency Relationship. 2. In the event that the Agent receives commission payments on orders that are subsequently refunded or cancelled, or if the Company does not realize the proceeds of such a sale, the Agent will offset all future commissions that are paid in relation to the amount by which the commissions actually paid would be reduced if the sales related to the unrealized revenues by the Company were never realized. CONSIDERING that the Agent undertakes to represent the Client and to provide the services requested herein; When marketing and offering products for sale in the territory, the agent becomes: The company pays the agent [percentage] of all net sales of products directly from the efforts of the agent .. .