Finally, it should also be noted that there is a distinction between an agency relationship, a subcontractor contract and a job. As a rule, agents push the company to their sponsor and receive a commission for all sales concluded. Contractors receive a set number for the provision of a service. Workers are employed by contract for their employer and receive a salary. However, the distinction can often be blurred and a court will decide whether a relationship falls under either an employment, subcontractor or agency relationship, based on the reality of the situation, regardless of the document that may describe the relationship differently. This may take into account factors, including, but not limited to, to the extent that the principal may order the agent to take an act or working time, as well as periodic payments outside the category of commissions and which may be considered as a deduction or salary. Annual sales rate: The annual sales rate implies the minimum sales target that the agent must achieve for the year. 1. If the parties terminate this Agreement for any reason, the Company will only pay the Agent for the sale of the Products that were made prior to the date of termination. 2. In the event that the agent receives commissions on orders that will be reimbursed or refunded a posteriori, or if the company does not otherwise realize the revenues of such a sale, the agent will account for all future commissions with the amount of reduction of the commissions actually paid if the sales related to the revenues that the company has not realized, would not be closed. This document can be used to establish a distribution agency relationship between an agent and a client.
This allows an agent to earn a commission on the sale of the ordering party`s goods. 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 conditions contained therein. 17.3 The parties may amend and supplement this Agreement with written agreements. Any modification or modification of this Agreement, made by and between the parties, shall form an integral part of this Agreement and shall have the same legal force. This agreement will be concluded and concluded by and between the following parties in Haidian District, Beijing, on October 11, 2010. 8.1 Both parties agree to conclude, for each detailed product or service in Part B, the specific distribution agency contract defining the detailed method of the agency, the price of the agency, the payment of agency fees and other relevant matters, in accordance with the principles set out in this agreement. 2.4 In addition, Party B agrees that, if Party A deems it necessary, Party A has the right to appoint a third party, it replaces Party A to serve as Part B`s sales agent for goods and services. 2.1 Party B agrees that Party A has the right to act as the exclusive sales agent for all part B goods and services, unless Party A waives the law or Party A is objectively unable to act as a commercial agent for certain part B goods or services, due to legal provisions or restrictions on its own resources; the sale of a Part B good or service must take place, in one way or another, in a territory, exclusively through the agency of Part A.
A distribution agency contract is concluded between a company and a sales representative. This agreement is necessary if the company mandates a sales representative to sell its products and services on its behalf. This agreement protects the interests of both the company and the commercial agent. It describes the conditions of sale, the terms of payment and other provisions governing the obligations and powers of the agent. It serves as a legal document in the event of a dispute between the agent and the company. 2.2 To the extent that Party A is objectively unable to act as a sales agent for certain Part B goods or services, Party B agrees that the Agency for that product or service may be provided by an appropriate third party designated exclusively by Party A. .