Exclusive-Agency-Agreement獨(dú)家代理協(xié)議-Exclusive-Agency-

1、Exclusive Agency AgreementThis agreement is made and entered into by and between the parties concerned on September 20,2003 in _, China on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follow:1. The Parties ConcernedParty A:_Add:_Tel:_Fa

2、x:_Party B:_Add:_Tel:_Fax:_2. AppointmentParty A hereby appoints Party B as its Exclusive Agent to solicit orders for the commodity stipulate in Article 3 from customers in the territory stipulated in Article 4, and Party B accepts and assumes such appointment.3. Commodity_4. TerritoryIn the territo

3、ry of _only5. Minimum turnoverParty B shall undertake to solicit orders for the above commodity from customers in the above territory during the effective period of this agreement for not less than USD 100,000,00.6. Price and PaymentThe price for each individual transaction shall be fixed through ne

4、gotiations between Party B and the buyer, and subject to Party A's final confirmation. Payment shall be made by confirmed, irrevocable L/C opened by the buyer in favor of Party A, which shall reach Party A 15 days before the date of shipment.7. Exclusive RightIn consideration of the exclusive ri

5、ghts granted herein. Party A shall not, directly or indirectly, sell or export the commodity stipulated in Article 4 to customers in _(country) through channels other than Party B; Party B shall not sell, distribute or promote the sales of any products competitive with or similar to the above commod

6、ity in_ (country) and shall not solicit or accept orders for the purpose of selling them outside _ (country). Party A shall refer to Party B any inquires or orders for the commodity in question received by Party A from other firms in _ (country) during the validity of this agreement.8. Market Report

7、In order to keep Party A well informed of the prevailing market conditions, Party B should undertake to supply Party A, at least once, a quarter or at any time when necessary, with market reports concerning changes of the local regulations in connection with the import and sales of the commodity cov

8、ered by this agreement, local market tendency and the buyer's comments on quality, packing, price, etc. of the goods supplied by Party A under this agreement. Party B shall also supply Party A with quotations and advertising materials on similar products of other suppliers.9. Advertising and Exp

9、ensesParty A shall bear all expenses for advertising and publicity in connection with the commodity in question in _ (country) within the validity of this agreement, and shall submit to Party A all audio and video materials intended for advertising for prior approval.10. CommissionParty A shall pay

10、Party B a commission of 5% on the net invoiced selling price on all orders directly obtained by Party B and accepted by Party A. No commission shall be paid until Party A receives the full payment for each order.11. Transactions Between Governmental BodiesTransactions concluded between governmental

11、bodies of Party A and Party B shall not be restricted by the terms this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties.Party A: _ Co., Ltd. Party B: _ Company (Pte) Ltd. and conditions of this agreement, nor shall the amount of such transaction

12、s be counted as part of the turnover stipulated in Article 5.12. Industrial Property RightsParty B may use the trade marks owned by Party A for the sale of the product covered herein within the validity of this agreement, and shall acknowledge that all patents, trademarks, copy rights or any other i

13、ndustrial property rights used or embodied in the product shall remain to be the sole properties of Party A. Should any infringement be found, Party B shall promptly notify and assist Party A to take steps to protect the latter's rights.13. Validity of AgreementThis agreement, when duly signed b

14、y the both parties concerned, shall remain in force for 12 months from October 1, 2001 to September 30, 2002, and it shall be extended for another 12 months upon expiration unless notice in writing is given to the contrary.14. TerminationDuring the validity of this agreement, if either of the two pa

15、rties is found to have violated the stipulations herein, the other party has the right to terminate this agreement.15. Force MajeureEither party will not be held responsible for failure or delay to perform all or any part of this agreement due to flood, fire, earthquake, draught, war or any other ev

16、ents which could not be predicted, controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant auth

17、orities to the other party within 15 days after its occurrence.16. ArbitrationAll disputes arising from the performance of this agreement shall be settled through friendly negotiation. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China

18、International Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. The award of the arbitration shall be final and binding upon both parties.Party A: _ Co., Ltd. Party B: _ Company (Pte) Ltd.獨(dú)家代理協(xié)議為發(fā)展業(yè)務(wù)關(guān)系，有關(guān)雙方在平等互利基礎(chǔ)上，于 2003年9月20日在中國訂立本協(xié)議，雙方同意并約定如下：1

19、. 協(xié)議雙方甲方：_地址：_電話：_傳真：_乙方：_地址：_電話：_傳真： 2指定甲方指定乙方為其獨(dú)家代理，就第三條項(xiàng)下的商品從第四條規(guī)定的區(qū)域顧客中招攬訂單，乙方接受上述委任。 3代理商品 _4代理區(qū)域僅限于_5最低業(yè)務(wù)量乙方同意，在本協(xié)議有效期內(nèi)從上述代理區(qū)域內(nèi)招攬顧客購買上述商品，訂單金額不低于10萬美元。 6價格與支付每一筆交易的價格應(yīng)由乙方與買主通過談判確定，并經(jīng)甲方最后確認(rèn)。由買方開出以甲方為受益人的、保兌的、不可撤銷的信用證付款。信用證須在裝運(yùn)日期前15天到達(dá)甲方。 7獨(dú)家代理權(quán)基于本協(xié)議授予的獨(dú)家代理權(quán)，甲方不得直接或間接地通過乙方以外的渠道向(國家)顧客銷售或出口第三條所列商品，乙方不得在 (國家)經(jīng)銷、分銷或促銷與上述商品相競爭或類似的產(chǎn)品，也不得招攬或接受旨在(國家)以外地區(qū)銷售的訂單，在本協(xié)議有效期內(nèi)，甲方應(yīng)將收到的來自 (國家)其他商家的有關(guān)代理產(chǎn)品的詢價或訂單轉(zhuǎn)交給乙方。 8市場報告為使甲方充分了解現(xiàn)行市場情況，乙方至少每季度提供一次或在必要時隨時向甲方提供市場報告，報告包括與本協(xié)議規(guī)定的商品進(jìn)口與銷售相關(guān)的地方法規(guī)的變動、當(dāng)?shù)厥袌霭l(fā)展趨勢以及買方對甲方按協(xié)議供應(yīng)貨物的品質(zhì)、包裝、價格等方面的意見。乙方還向甲方提供其他供應(yīng)商類似商品的報價和廣告資料。 9廣告及費(fèi)用