An agency agreement is established when an agent is authorized to act on his behalf by another person, the « client. » The client who cedes to the Agency when he enters into a legal relationship with that representative. For companies, it is essential to understand agency agreements, as they are met when an accountant, salesperson or lawyer is invited to do business on behalf of another person. There are also many advantages to agency contracts, especially if a client is the owner of a small business. An agent acts as an intermediary and is often empowered (or « agency ») to negotiate and enter into contracts or sales on behalf of the client. The client is the company or organization that has products or services to sell and needs someone to do so on its behalf, usually in an unknown area. Sometimes agreements may stipulate that the agreement is exclusive for a specified period of time (for example. B 1 year) and, at the end of the deadline, the agreement will not be exclusive. An agency agreement with exclusive rights is generally similar to an agreement with exclusive rights, except that the client can actively seek sales in the agent`s territory. However, the client agrees not to appoint other agents (and possibly distributors) in the representative`s territory. An agency agreement with non-exclusive rights means that the prime contractor is able to hire other representatives in the representative`s territory and request the direct sale of his goods or services. There may also be drawbacks to having an agency agreement. The main problem is that the client can be held responsible for any wrongdoing on behalf of the representative. If the agent does something illegal or makes a mistake in representing the client, the client may be held responsible and have committed the act.
For example, if the agent signs a contract on behalf of the company and the contract has not been read carefully by the customer, he may be held responsible for all contractual terms. A distribution agreement is an agreement between a main distributor and a distributor that allows the distributor to sell the client`s products in a market or territory, usually an agreement in which the client is not present. The distributor is essentially a reseller for the client`s products. The client may be a manufacturer or supplier, or even a distributor himself, looking for someone who bears some of his distribution responsibility. While it is possible to ask the relevant competition authorities for a specific exemption for a competition agreement, most vertical distribution agreements (between companies at different levels of the same supply chain) can be developed to benefit from the category exemption for vertical agreements (VABE), so that they are automatically exempted as long as distribution agency agreements are used when a entity engages a trading partner. , to sell products or services to customers. , on behalf of the client. Competition law has implications for distribution agreements, both under EU law and in the UK. In the United Kingdom, anti-competitive behaviour affecting trade in the United Kingdom is prohibited by both the Competition Act 1998 and the Enterprise Act 2002. In addition, Articles 81 and 82 of the EC Treaty apply when anti-competitive behaviour affects trade in or between EU member states. The agreement must be all the necessary details for the seller to sell the property, including: Many states use the rule of equal dignity, according to which the agency agreement must be written, if the subsequent agreement would also necessarily be written, as a contract to buy thousands of dollars.
Confidentiality clauses are important because they protect confidential information that is passed on to agents. Sometimes it is necessary to provide an agent with confidential information about a product or service. Think about the confidential information your company has and make sure your club