In today's society, the agreement plays an increasingly large role, the signing of the agreement can be more effective constraints on the breach of contract. I think many people are worried about how to write a good agreement, the following is my collection of distribution agreement 3, welcome to learn and reference, I hope to help you.
Distribution Agreement Part 1Party A:
Address:
Legal representative:
Phone number:
Fax:
Party B:
Address:
Legal representative:
Phone number:
Fax:
Party A and Party B, after Friendly consultation on Party B to become Party A ___________ trading platform for air ticket distribution users to reach the following tentative terms of agreement:
I. Cooperation matters and term
1, matters:
2, the term: this agreement is valid for ________ years, from ________ years ________ month ________ to ________ month ________ of ________.
Second, the responsibilities of both parties
Party A's responsibilities:
1, Party A to provide ___________ platform for the backend of the distribution of users to use the management account.
2, Party A to maintain and protect the normal use of ___________ platform (in addition to human irresistible factors).
Party B's responsibilities:
1, Party B must be familiar with and comply with the ___________ platform transaction payment process and rules, due to operational errors and losses and consequences of their own.
2, Party B must be in accordance with the provisions of Party A unified system background management, shall not be arbitrarily modified or tampered with, or Party A has the right to terminate this agreement and withdraw the system background management rights.
3, Party B's rights:
1, Party B enjoys the right to modify the password of the platform account.
2. Party B enjoys the right to use the platform account to inquire and book.
3. Party B has the right to use the platform account to settle the net price of air travel products.
Fourth, the charges
1, the distributor must use Alipay or Quick Money according to the transaction tax rate specified by the bank, the specific tax rate in accordance with the Alipay or Quick Money in the ___________ e-commercial travel trading platform specified in the tax rate to pay to Ebay or Alipay's designated account.
2. For the transaction tax rate that has been paid successfully, the tax rate cannot be returned if there is a refund or voided ticket in the refund.
Fifth, the termination of the agreement
1, the two sides agreed to terminate the will.
2, after the signing of this agreement comes into force, any party does not perform according to the agreement, is a breach of contract, the contracting party has the right to terminate this agreement, and retains the right to pursue the defaulting party's corresponding legal responsibility and compensation.
Six, cooperation safeguards
1, in the cooperation period, the project cooperation between the two parties without the other party to consult the recognition of unauthorized withdrawal from the cooperation project, the defaulting party at the same time compensation for the aggrieved party's loss of input and other cooperation period of the earnings due (specifically: according to the date of cooperation to produce the change of the aggrieved party to get the average value of earnings calculated, the defaulting party compensation for the losses of input and other cooperation period). The violating party shall also compensate the aggrieved party for the loss of inputs and other benefits of the cooperation period (specifically, the total benefits of the aggrieved party from the date of cooperation to the time of the defect). Moreover, it must abide by the terms of technology and market confidentiality, and shall not use or operate the same kind of technology content and customer resources of the project in the local area within two years. Otherwise, the parties to the project have the right to pursue all economic and legal responsibilities of the offending party.
2, in the cooperation period due to war, disaster, disease and other force majeure factors leading to the dissolution of the project cooperation or the expiration of the cooperation period of the parties no longer cooperate, the project technology content to both sides.
3. If one of the partners violates this agreement, the other party has the right to cancel the cooperation with the defaulting party and pursue the defaulting party for all economic and legal responsibilities.
VII. By-laws:
1, the final interpretation of this agreement to the party all.
2, the above matters, A and B can be supplemented by way of negotiation to solve the agreement. Consultation can not be resolved, can be appealed to the ________________ People's Court.
3, this agreement is a ________ copy, A and B both parties to implement ________ copies, with the same legal effect.
Party A:
Signature of the legal representative:
Signing time: ___________ year ___________ month ___________ day
Party B:
Signature of the legal representative:
Signing time: ___________ year ___________ month ___________ date
Distribution Agreement Part 2Party A: ______________ Party B: __________________
Legal address: _____________ Legal address: ______________
Legal representative: ___________ Legal representative: ____________
Position: ________________ Position: __________________
Entrusted agent: __________ Entrusted agent: ____________
ID number: ___________ ID number: ____________
Correspondence address: _____________ Correspondence address: ______________
Postal code: _____________ Postal code: ______________
Tel: ________________ Tel: _________________
Party A is the sales company of ________ series of building waterproofing materials, with the ability to supply the building waterproofing materials, material information and qualification; Party B is a building waterproofing engineering company, with the construction of building waterproofing engineering, the ability to undertake building waterproofing engineering projects .
A and B based on the complementary advantages of resources, in the spirit of equality and mutual benefit, *** with the development, the interests of the principle of *** win, after friendly consultation, party B as a series of products of the party's sales and promotion of the agent, reached the following agreement. Both parties confirm that they have read the agreement, and understand and agree to its terms and conditions, the signing of the agreement, will replace the two sides of the oral and written sales and promotion of Party B as an agent of the series of products of all exchanges.
First, the effective period of the agreement, the place of fulfillment, the agency area and agency products
1, this agreement is formally effective since the signing of the two sides, the effective period from _______ ______ month ______ to _______ ______ month ______ day.
2, A, B either party has no intention of renewing the agreement, in the agreement expires ______ day before, in writing to inform the other party.
3, A, B, if there is no termination of the agreement, the agreement will be automatically renewed for one year.
4, agent area
1), Party A designated Party B agent access area: ______________________________
2), the conditions and methods of expansion or reduction of the agency area: ________________________
5, agent products < /p>
1), Party B represents Party A's products: ______________________________
2), the conditions and methods of increasing or decreasing the types of products represented: __________________________
3), agreeing that new products (yes/no) are included: ___________________________
Second, the principle of agency
1, Party B must be an independent legal entity or sales entity.
2, Party B's registered business scope of the project, must include and agent sales, promotion of product-related projects.
3. Party A provides Party B with various series of products and ____________________________________, if there are new products, this contract is still valid.
Third, the rights and obligations of both parties
(a), Party A's rights and obligations
1, Party B's operation of the right to consultation, investigation.
2, Party A should ensure that its products are qualified and marketability: that is, the quality standard of qualified products.
3, Party B in the industry selection, large customers to attack, Party A to give technical and planning program support.
4, Party A according to the needs of Party B, to provide technical support to Party B, including technical consulting, _________ series of products, information, qualifications, sales programs, and major customer tapping and other support, major customer tapping support Party B is responsible for the cost.
(B), Party B's rights and obligations
1, the domestic right to operate independently.
2, Party A's violation of this contract, you can pursue Party A economic and legal responsibility.
3, in order to make Party B easy to sell and promote the series of products, Party A will provide as much as possible neutralized packaging, but this does not mean that Party B can ignore Party A's intellectual property rights, to do any damage to the rights and interests of Party A's intellectual property rights.
4, Party B shall comply with Party A's market price system, and shall not make low prices to disrupt the market behavior, or Party A has the right to cancel its agency qualifications.
5, Party A is responsible for Party B's contract representative to keep all the commercial secrets, that is, in addition to the contract signer does not reveal to Party B the content of the contract between the two parties.
6, in the national party B has or new contact with the customer, must be notified to party A in advance and for the record, confirmed by party A, the customer is owned by party B, party A shall not directly or indirectly intervene in the right to use, sales of such products shall not be allowed to use, sales of other individuals or units to intervene.
Fourth, the price policy
1, Party A based on the number of Party B purchases and business volume, to give Party B a certain price discounts. According to market conditions, the two sides in a timely manner to negotiate agency prices. Settlement price is directly reflected in the issuance of sales vouchers. Specific tariff prices refer to the contract annex.
2, Party A formulated Party B agent sales and promotion of _________ series products agent price, both sides of the price of confidentiality responsibility. Specific prices see the annex.
V. Payment
1, Party A only accepts Party B's bank transfer, wire transfer, cash, check payment.
2, Party A's products on behalf of the consignment or mailed to Party B's designated address, Party A bear the freight.
Six, market management
1, Party A does not implement the exclusive agency system, but the existing users of Party B or will be developed to protect the user.
2, Party B must inform Party A before entering ________________ outside the area of sales for the record.
VII. Confidentiality clauses
1, A and B are responsible for the confidentiality of all user information obtained through this business.
2, A and B are responsible for the confidentiality of this cooperation and the specific contents of this agreement. Without the prior written consent of either party, neither party shall disclose the specific content of the cooperation agreement between the two parties and its related content to any third party.
3, after the signing of the agreement, both parties have the obligation to strictly abide by commercial secrets.
VIII. Liability for breach of contract
1, if one party violates the provisions of this agreement, resulting in the failure to fulfill the agreement, the other party has the right to terminate the agreement, the defaulting party to bear all the responsibilities.
2, one party's violation of the other party's adverse social impact or economic loss, the other party has the right to pursue the responsibility of the party, requiring it to eliminate the impact and make the corresponding economic compensation.
3, Party A developed by the cell phone software program shall not be involved in infringement or other illegal acts under the law. Therefore, all the consequences caused by Party A to bear.
Nine, force majeure
Due to the unforeseen and occurred can not be overcome, unavoidable force majeure events, resulting in a party to suffer economic losses or this agreement can not be fulfilled or can not be fully performed, the loss of the other party is not liable. In the event of such force majeure, the party shall immediately notify the other party in writing of the event and provide details of the event and valid documents proving the reasons for the failure or incomplete performance of the Agreement or the need for extension of the performance. According to the degree of impact of the event on the performance of the Agreement, the parties shall decide whether to continue to perform the Agreement or terminate the Agreement by mutual agreement.
X. Termination of the Agreement
1. Termination of the agreement in accordance with the requirements of both parties.
2, either party if the violation of the terms of this Agreement, or serious violations of business ethics and law, or serious damage to the interests of the other party, the damaged party has the right to unilaterally terminate this Agreement, and require the other party to compensate for the economic losses.
XI, this contract in two copies, A and B each party to sign a copy, with the same legal effect.
XII, if there are outstanding matters, the two sides negotiated in writing to supplement the contract attached, with legal effect.
Party A (seal): _________ Party B (seal): ___________
Responsible person (signature): _______ Responsible person (signature): _________
Address: ______________ Address: _______________
Contact person: ____________ Contact person: _____________
Phone: ______________ Phone: _______________
______ ______ ____ ____ ______ ____ ____ ____
Distribution Agreement Part 3Party A:
Party B:
Party A and Party B, in the spirit of equality, mutual benefit and reciprocity, in accordance with the contract law and the corresponding provisions of the Taizhu company's distribution and marketing management system on the product agent, after consultation, agreed to sign this agreement in accordance with the following terms.
Article I Authorization and Legal Relationship
1.1 Authorized Products: Products
1.2 Authorized Area:
1.3 Authorized Mode: Exclusive Distributor
Article II Sales
2.1 Both parties shall Determine a certain amount of sales targets, structure than the target, with both parties **** with the signing of the "Sales Target Confirmation" as a supplemental agreement to this agreement, signed once a year.
2.2 Sales target:
Sales volume:
Sales volume:
Structure ratio:
2.3 Party B shall endeavor to complete the target of Party A's authorized product agency, during the validity period of the agreement, Party A will decompose the target quarterly according to the target of the agency signed by Party A and Party B, and appraise the target once a quarter.
Article 3 Price
2.1 Party B enjoys Party A's price policy.
2.2 Party A will promptly notify Party B of any adjustment in the price of Party A's products. Since the date of notification in accordance with the new price policy.
2.3 Price restrictions: Party B sales of Party A's products should be consistent with the terminal price and Party A's national unified market guide price.
Article 4 Settlement Mode
4.1 In order to support the distributors to carry out their work smoothly, Party B will give certain support for payment of goods in the form of borrowing under the premise that Party B has collateral or guarantee, and the specific credit limit, credit mode and settlement time shall be linked with the annual target, which will be reflected in the "Confirmation of Sales Target".
4.2 A and B shall determine the corresponding settlement of receivables according to the market situation. According to the current year's sales and Party A's requirements, to determine the settlement of Party B's receivables for Party A's ownership of the settlement method for the monthly settlement of the month, that is, the current month's payment must be paid before the end of the first month, the settlement time / days of receivables will also be reflected in the "Confirmation of Sales Targets".
4.3 Party B shall reconcile with Party A's financial statement at the end of each month. Party A shall provide the corresponding shipment, settlement and other information, and issue the statement of account. Party B's legal representative shall sign the statement and affix the financial seal or official seal.
4.4 Party B fails to pay the due payment, Party A will not be shipped, and will be 5 ‰ per day late fees, more than two months failed to pay the due payment, Party A has the right to terminate this agreement.
Article V. Acceptance of orders, production and packaging, transportation, quality complaints
5.1 Party B each time you need goods in the form of a formal written order faxed to the company designated by Party A's regional sales representative. Party B's order must be signed by Party B's legal representative or legal representative authorized by the special personnel to be valid, the legal representative of the authorization of others to sign, must provide Party A a formal authorization notice.
5.2 Party A received Party B's order within three working days, according to the negotiated product packaging and transportation methods will be sent out, and timely notification of Party B, if the delivery can not be made on time, Party A must promptly notify Party B and do a good job of negotiation; there are special requirements or a larger batch of authorized products to be given to the Party to leave the stocking cycle.
5.3 Product Packaging: Party A's authorized products will be packaged in uniform 25kgs cartons with two layers of inner film bags, and Party A's regional representative office should transport the products to Party B's warehouse or designated locations with complete packaging. If there is any damage to the package, Party B shall notify Party A in time on the arrival date. Party A shall send someone to replace it in time. Party B shall not privately order exactly the same packaging as Party A's authorized products, or it will be fined or even terminate this agreement. The first discovery of a fine of 1000 yuan; the second discovery of a fine of 100 million yuan; the third discovery, Party A has the right to terminate this agreement.
5.4 Party A's transportation method will be used for automobile transportation, if Party B needs to take a special transportation method or entrust Party A to ship to other locations outside of Party B's warehouse, the freight costs incurred will be borne by Party B.
5.5 Party B will be responsible for the transportation costs incurred.
5.5 Quality Complaints: After Party B receives Party A's arrival, if there is any quality objection to be raised within 2 days after the arrival of the goods, Party A shall promptly send a person to give confirmation in accordance with the quality appraisal procedures. If there is a quality problem, Party A to give replacement, replacement costs borne by Party A, replacement period in the product back to the warehouse within 10 working days. If there is no quality problem, Party A will not accept Party B's return request. If Party B raises quality objection more than 2 days after the arrival, Party A will not accept it. Because the authorized product pearlescent pigment is a kind of effect pigment, so far there is not a unified standard hue and quality standard at home and abroad. At the same time, different customers have different preferences, therefore, Party A suggests that Party B should firstly suggest customers to carry out experimental samples in the process of promoting the products, so as to avoid quality disputes. Once the quality of party B and customer disputes, party A is obliged to send personnel to assist in resolving, but party A does not assume any liability.
Article 6 Party A's support and rights
6.1 Marketing support: Party A should actively support Party B to carry out product launches, through the standard will be a large-scale authorized product promotional activities, and to provide the new product manuals, promotional pages.
6.2 Technical Support: Party B raised the technical issues of authorized products and installation, use and other application issues without violating the "Confidentiality Commitment Agreement" to be answered seriously. If necessary, Party A sends technicians to deal with on-site, at Party A's expense.
6.3 Information support: authorized product improvement and new product launch information in a timely manner to inform Party B, Party B to start the authorized product market operations.
6.4 Management Support: After the signing of the agreement, Party B will facilitate the inclusion of Party A's unified agent management scope, enjoying Party A's management of all the rights and obligations of the agent, including training, credit rating, incentives, and so on.
6.5 Party A has the right to understand and master Party B's business dynamics, business performance.
6.5.1 Party B must establish a sound and complete customer files, monthly 25-30 new customer details reported to Party A
6.5.2 Information Center archives, Party A will assist in tracking and developing for bulk customers and potential markets. Party B develops annual product demand forecast and monthly product demand according to the market situation. Before the 15th of each month, submit the next month's product demand plan and detailed indication of potential customers and dosage estimation, so that Party A can make reasonable market forecast and production arrangements.
According to the requirements of Party A, Party B should report the authorized product reports before the 10th of each month:
① Monthly sales report;
② Inventory report;
③ Accounts receivable report (including customer details) so that Party A can carry out the market forecast and performance evaluation.
A and B should be honest and abide by the contract, and resolutely put an end to dishonest behavior. For the above statements, "new customer details", "next month's demand forecast", "monthly sales statements", "monthly inventory statements", "receivable details" have not reported, omitted, misreporting and other behaviors will be punished:
① There is a non-reporting or omission of the behavior of the first penalty of 1,000 yuan; the second penalty of 10,000 yuan; the third party has the right to terminate the agreement;
② for the Party B's statement, Party A staff believe that there is doubt, Party A has the right to investigate, including customer verification, warehouse inventory, require Party B to provide customer statements, etc.;
③ confirmed the existence of misreporting behavior, the first penalty of 5,000 yuan; the second penalty of 20,000 yuan; the third Party A has the right to terminate this agreement.
Article VII Responsibilities and Rights of Party B
7.1 Take the initiative to maintain the brand image of Party A's licensed products and the company's image, and actively cooperate with Party A in Party B's authorized area of authorized products in the overall market operation program.
7.2 Take the initiative to maintain the quality of Party A's products reputation, always pay attention to customer feedback on the product. The emergence or possible emergence of counterfeit and shoddy products resolutely given to combat, and timely notification to Party B; Party B is obliged to maintain normal ` market competition, once accepted Party A's written notice, shall not sell Party A's products to a number of manufacturers and merchants to carry out malicious competition, in order to * * * with the protection of Party A's patented products from infringement of the market.
7.3 Party B in accordance with Party A's management system for the agent's requirements, to provide at least one monthly report on the marketing of authorized products, but also includes the sales of similar products in the market, price, packaging, sales promotion methods, advertising materials, customer comments. In particular, the competitors market operation should be timely to grasp, if the market has changed significantly, it should be promptly notified to Party A.
7.4 Firmly follow the two sides signed the "Confidentiality Commitment Agreement" and "on the use of Party A's trademark".
7.5 Party B in the distribution of Party A's authorized products during the period, without Party A's permission, strictly prohibited across the authorized area of distribution activities. If found, the first penalty of 5,000 yuan; the second penalty of 20,000 yuan; the third party has the right to terminate this agreement.
7.6 In the validity of this Agreement, Party B shall not act as an agent/distributor of any products identical to Party A's products, if found, Party A will unconditionally terminate this Agreement. Party B shall not operate any products that are identical to Party A's products within 3 years after the termination of the Agreement due to Party B's reasons.
7.7 Party B has the right to understand and master Party A's product performance, quality level, scope of use and other marketing needs of the product technical issues.
7.8 Party B has the right to participate in the authorized area of Party A's marketing policy development and decision-making.
7.9 After the termination of this Agreement, Party B shall return all technical information and business documents provided by Party A to Party A.
Party B is not responsible for any loss or damage caused by the use of the products.
Article 8 Force Majeure
Either party, as a result of human force majeure, directly or indirectly cause any delay. The party concerned shall notify the other party in writing within 10 days after the occurrence of the incident and provide documentary evidence from the relevant local authorities to prove the alleged existence of the force majeure incident.
Article 9 Termination of the Agreement
9.1 Termination: Each party shall fulfill the terms of the Agreement in good faith. Each party shall immediately terminate this Agreement by written notice to the other party under the following conditions.
9.1.1 If a party fails to fulfill any of the terms of this Agreement, and such failure is not cured within 20 days after written notice from the other party requesting such cure. If a party is automatically or compulsorily petitioned to declare bankruptcy, reorganization, liquidation, dissolution. In the event of violation of the agreement annexed to the "Confidentiality Commitment Agreement", "on the use of our trademark". In the event of force majeure causes of Article 6 of this Agreement, a party in more than 30 days after the period of time when people can not fulfill its duties.
9.2 Effect of Termination: The termination of this Agreement does not release the parties in accordance with the provisions of this Agreement has been generated but not yet completed any debt. The other party shall have the right to claim for any economic loss or loss of image or brand name suffered by the other party as a result of a breach of contract by the other party prior to termination of the Agreement, without prejudice to termination of the Agreement.
9.3 In the event of any of the above 9.1.2 / 9.1.4 circumstances, Party A shall be responsible for assisting Party B to repurchase the inventory of the relevant Licensed Products at the price of the month in which the repurchase takes place.
Article 10 Disputes, Dispute Resolution
All disputes related to the agreement and the implementation of this agreement, the two sides are willing to resolve through friendly consultation. If the consultation can not be resolved by arbitration or litigation, the parties agree to arbitration or litigation are Taicang City, in accordance with the relevant arbitration, litigation rules and legal procedures for settlement. Arbitration disputes between the two parties to choose Taicang Arbitration Commission.
Article 11 as a prerequisite for the entry into force of this Agreement: the original business handover, the implementation of the responsibility for receivables, etc.
11.1 According to the policy requirements of the combination of domestic trade distribution and direct sales, the key customers in the area of operation of the Distribution Office will be the company's direct sales. The principles of defining direct sales customers are as follows: (with a detailed list of customers)
11.1.1 International or cross-regional type of large companies;
11.1.2 Formerly large customers in each region;
11.1.3 Growing, high technical service requirements, the need for the company to directly maintain the customer;
11.1.4 The distributor can not be effective time to make a breakthrough customers (based on the notification of the Marketing Department to provide information and the agreed period)
11.2 Inventory of the property, inventory, receivables and cash on hand of Party A's sales representative offices in the original Party B's region.
The handover shall be completed by the end of the month.
11.2.1 Party B undertakes all the receivables delivered by Party A to Party B, and Party B shall settle all of them by the end of December 20xx according to the original rate of payment back.
11.2.2 Customers belonging to Party A's direct sales part, Party B should be responsible for arranging the handover, and do a good job of customer reconciliation, such as the occurrence of bad debts, Party B should bear the corresponding responsibility.
Article 12 Assignment
No party to this Agreement may assign this Agreement or any of its provisions without the written consent of the other party.
Article 13 Others
10.1 This Agreement shall be effective from the date of signing by both parties, and shall be valid for a period of
10.2 The Agreement on Confidentiality Commitment, the Agreement on the Use of Party A's Trademarks, the Confirmation of Sales Targets, the Collateralized Guarantee Contract, and the Management Measures for Distributors, as the indivisible attachments of this Agreement, shall have the same status as this Agreement. The "Confidentiality Commitment Agreement", "Confirmation of Sales Targets", "Collateral Guarantee Contract" and "Distributor Management Measures" are attached as inseparable parts of this Agreement and have the same legal effect as this Agreement.
10.3 The formal text of this Agreement is in four copies, each party holds two copies, with the same legal effect.
Party A (seal): Party B (seal):
Address: Address:
Postal Code: Postal Code:
Legal Agent: Legal Agent:
Entrusted Agent: Entrusted Agent:
Tel: Tel:
Fax: Fax:
Accounting Bank: Accounting Bank:
Account No.: Account No.
Signing Address: Signing Time:
The contract is signed at the following address