In today’s society, agreements play an increasingly important role, and signing an agreement can more effectively restrain breach of contract. Many people must be worried about how to write a good agreement. Below are 3 distribution agreements that I have collected for you. You are welcome to learn from them and refer to them. I hope it will be helpful to you. Distribution Agreement Part 1
Party A:
Address:
Legal representative:
Contact number:
< p> Fax:Party B:
Address:
Legal representative:
Contact number:
Fax:
After friendly negotiation, Party A and Party B have reached the following provisional agreement terms for Party B to become an air ticket distribution user of Party A's ___________ trading platform:
1. Cooperation matters and term
1. Matters:
2. Term: This agreement is valid for _________ years, from _________year________month_______day to________year________ Ending on _month________.
2. Responsibilities of both parties
Responsibilities of Party A:
1. Party A provides the back-end distribution user management account of the ___________ platform.
2. Party A shall maintain and ensure the normal use of the ___________ platform (except for force majeure factors).
Party B’s responsibilities:
1. Party B must be familiar with and abide by the ___________ platform transaction payment process and rules, and bear the losses and consequences caused by operational errors on its own.
2. Party B must conduct system backend management in accordance with Party A’s unified regulations and shall not modify or tamper with it at will. Otherwise, Party A has the right to terminate this agreement and withdraw system backend management rights.
3. Rights enjoyed by Party B:
1. Party B has the right to modify the password of the platform account.
2. Party B has the right to use the platform account to inquire and make reservations.
3. Party B has the right to use the platform account’s net price to settle travel products.
IV. Charging standards
1. Distributors must use Alipay or Kuaiqian according to the transaction tax rate stipulated by the bank. The specific tax rate is based on Alipay or Kuaiqian in ___________ electronic business travel transactions. The tax rate specified by the platform is paid to the designated account of Yibao or Alipay.
2. For the successfully paid transaction tax rate, if there is a refund or invalid ticket, the tax rate cannot be refunded during the refund.
5. Termination of the Agreement
1. Both parties have reached a termination intention through negotiation.
2. After this Agreement is signed and becomes effective, any party that fails to perform as stipulated in this Agreement shall be deemed to have breached the contract. The non-defaulting party shall have the right to terminate this Agreement and reserves the right to pursue the corresponding legal liability and compensation from the defaulting party. .
6. Cooperation safeguards
1. During the cooperation period, if either party to the project withdraws from the cooperation project without the consent of the other party, the breaching party will also compensate for the infringement. The party's investment losses and other income due during the cooperation period (specifically: calculated based on the average income of the offended party from the date of cooperation to the time of the accident, the breaching party shall compensate the offended party's total income for the remaining agreement period) . And must abide by technical and market confidentiality terms, and shall not use or operate similar technical content and customer resources of this project locally within two years. Otherwise, all parties to the project cooperation have the right to pursue all economic and legal responsibilities of the defaulting party.
2. If the project cooperation is disbanded or the cooperation expires due to force majeure factors such as war, disaster, disease, etc. during the cooperation period, each partner will no longer cooperate, and the technical content of the project will belong to both parties.
3. If one of the partners violates this agreement, the other party has the right to cancel cooperation with the defaulting party and hold the defaulting party responsible for all economic and legal responsibilities.
VII. Supplementary Provisions:
1. The final interpretation right of this agreement belongs to Party A.
2. For matters not covered above, Party A and Party B can negotiate and resolve them through supplementary agreements. If the matter cannot be resolved through consultation, it may be brought to the People's Court of _______________.
3. This agreement is made in ________ copies, and Party A and Party B each hold ________ copies, which have the same legal effect.
Party A:
Signature of legal representative:
Signing time: ___________year___________month___________day
Party B:
Signature of legal representative:
Signing time: ___________year___________month___________day Distribution Agreement Part 2
Party A: ______________ Party B: ____________________
Legal address: ____________ Legal address: ______________
Legal representative: ___________ Legal representative: ____________
Position: ______________ Position: ____________________
Authorized agent: __________ Authorized agent: ____________
ID number: ___________ ID number: ____________
Mailing address: ____________ _Correspondence address: ______________
Postal code: ____________ Postal code: ______________
Telephone: ______________ Telephone: _______________
Party A provides _________ series building waterproofing The material sales company has the ability to supply the building waterproofing materials, material information and qualifications; Party B is a building waterproofing engineering company and has the ability to construct building waterproofing projects and undertake building waterproofing projects.
Regarding promotion matters, the following agreement has been reached. Both parties confirm that they have read this agreement and understand and agree to the terms and conditions contained therein. The signing of this agreement will replace all oral and written communications between the two parties regarding Party B's agent sales and promotion of series of products.
1. The validity period, performance location, agency area and agency products of the agreement
1. This agreement will officially come into effect after being signed by both parties, and will be valid from _______ year ______ month From ______ day to ______ month ______ day of _______ year.
2. If either Party A or Party B does not intend to renew the contract, it shall notify the other party in writing before the expiry date of the agreement.
3. If Party A and Party B do not terminate the agreement, this agreement will be automatically renewed for one year.
4. Agency area
1) Party A designates Party B’s agency access area: ____________________________
2) Conditions and methods for expanding or reducing the agency area ：____________________________
5. Agent products
1) Party B’s agent for Party A’s products is: ____________________________
2) Conditions for increasing or decreasing the types of agent products and Method: ____________________
3) Agree that new products (yes/no) are included: _________________________
2. Principles of agency
1. Party B must be Separate legal entity or sales entity.
2. Party B’s registered business scope items must include items related to agent sales and product promotion.
3. Party A will provide Party B with various series of products and __________________________________. If there are new products, this contract will still be valid.
3. Rights and obligations of both parties
(1) Rights and obligations of Party A
1. The right to consult and investigate Party B’s operations.
2. Party A shall ensure the qualification and marketability of its products: that is, the quality standards for qualified products.
3. Party A will provide technical and planning support when Party B selects industries and tackles key problems with major customers.
4. Party A provides technical support to Party B based on Party B’s needs, including technical consultation, ________ series product information, qualifications, sales plans, and key customer research support. Party B is responsible for the cost of key customer research support. .
(2) Rights and obligations of Party B
1. Domestic independent operation rights.
2. Party A may be held financially and legally responsible for any violation of this contract.
3. In order to make it easier for Party B to sell and promote this series of products, Party A will provide neutral packaging as much as possible, but this does not mean that Party B can ignore Party A’s intellectual property rights and make any harmful Behavior that damages Party A’s intellectual property rights.
4. Party B must abide by Party A’s market price system and shall not engage in behavior that disrupts the market with low prices, otherwise Party A has the right to cancel its agency qualifications.
5. Party A is responsible for keeping all business secrets for Party B’s contract representative, that is, not to reveal the contents of the contract between the two parties to any second person other than the contract signer.
6. Party B’s existing or newly contacted customers nationwide must notify Party A in advance and make a record. After confirmation by Party A, the customer will belong to Party B. Party A shall not directly or indirectly No other individuals or units with the right to use or sell such products shall be allowed to intervene.
IV. Price Policy
1. Party A will provide Party B with certain price discounts based on Party B’s purchase quantity and business volume. According to market conditions, both parties negotiate the agency price in a timely manner. The settlement price is directly reflected when the sales voucher is issued. Please refer to the contract attachment for specific tariff prices.
2. Party A sets the agency price for the ________ series products that Party B sells and promotes. Both parties are responsible for keeping this price confidential. See the attachment for specific prices.
V. Payment methods
1. Party A only accepts Party B’s payment methods of bank transfer, wire transfer, cash and check.
2. Party A’s products will be shipped or mailed to the address designated by Party B, and Party A will bear the freight.
VI. Market Management
1. Party A does not implement an exclusive agency system, but will protect Party B’s existing users or users to be developed.
2. Party B must inform Party A before entering areas other than ______________ for sales so that it can be recorded.
VII. Confidentiality Clause
1. Party A and Party B are responsible for keeping confidential all user information obtained through this business.
2. Party A and Party B are responsible for keeping confidential the specific contents of this cooperation and this agreement. Without the prior written consent of one party, neither party shall disclose the specific contents and related contents of the cooperation agreement between the two parties to any third party.
3. After the agreement is signed, both parties have the obligation to strictly keep business secrets.
8. Liability for breach of contract
1. If one party violates the provisions of this agreement and the agreement cannot be performed, the other party has the right to terminate the agreement, and the defaulting party shall bear all liabilities.
2. If one party breaches the contract and causes adverse social impact or economic losses to the other party, the other party has the right to hold the party responsible, require it to eliminate the impact, and make corresponding economic compensation.
3. The mobile phone software programs developed by Party A shall not involve infringement or other illegal activities stipulated by law. All consequences arising therefrom shall be borne by Party A.
9. Force majeure
When one party suffers economic losses or the agreement cannot be performed or cannot be fully performed due to unforeseen, insurmountable, and unavoidable force majeure events, the other party shall be liable to the other party. No liability is assumed for losses of one party. The party that encounters the above-mentioned force majeure event shall immediately notify the other party in writing of the event and provide valid supporting documents as to the details of the event and the reasons why the agreement cannot be performed or cannot be fully performed, or performance needs to be postponed. Depending on the extent of the impact of the event on the performance of the agreement, both parties shall negotiate and decide whether to continue to perform this agreement or terminate it.
10. Termination of this Agreement
1. Terminate the agreement according to the requirements of both parties.
2. If either party violates the terms of this agreement, seriously violates business ethics and laws, or seriously damages the interests of the other party, the injured party has the right to unilaterally terminate this agreement and require the other party to compensate for economic losses.
11. This contract is in duplicate, with Party A and Party B each holding one copy, which has the same legal effect.
12. If there are any matters that are not covered, a written supplement to the contract shall be appended to the contract after negotiation by both parties, which shall also be legally binding.
Party A (seal): _________ Party B (seal): ___________
Person in charge (signature): _______ Person in charge (signature): _________
< p> Address: ______________ Address: _______________Contact person: ____________ Contact person: _____________
Telephone: ______________ Telephone: _______________
______Year_ ___month____day______year____month____day Distribution Agreement Part 3
Party A:
Party B:
Based on the principles of equality, mutual benefit and reciprocity, and in accordance with the Contract Law and the corresponding provisions of Taizhu Company's product agency distribution and marketing management system, Party A and Party B agree to sign this agreement in accordance with the following terms after negotiation.
Article 1 Authorization and Legal Relationship
1.1 Authorized Products: Products
1.2 Authorized Area:
1.3 Authorization Method: Exclusive Distribution Business
Article 2 Sales
2.1 Party A and Party B shall determine a certain amount of sales targets and structural ratio targets, and both parties shall sign a "Sales Target Confirmation Letter" as the basis. Supplementary agreements to the agreement shall be signed annually.
2.2 Sales target:
Sales volume:
Sales volume:
Structure ratio:
2.3 Party B Efforts should be made to achieve the agency amount target for Party A's authorized products. During the validity period of the agreement, Party A will break down the target on a quarterly basis every year based on the agency amount target signed by Party A and Party B, and evaluate it once a quarter. If Party B If the assessment is lower than 80% of the target for two consecutive times, Party A has the right to terminate this agreement. If the annual completion target is lower than 80%, Party A has the right to terminate this agreement.
Article 3 Price
2.1 Party B enjoys Party A’s price policy.
2.2 If Party A’s product prices are adjusted, Party B will be notified in a timely manner. The new price policy will be implemented from the date of notification.
2.3 Price restrictions: The terminal price at which Party B sells Party A’s products shall be consistent with Party A’s national unified market guide price.
Article 4 Settlement Method
4.1 In order to support the smooth operation of distributors, Party B will provide certain loan support in the form of loans under the premise that Party B has a mortgage or guarantee. Specific credit extensions The quota, credit method and settlement time should be linked to the annual target and reflected in the "Sales Target Confirmation Letter".
4.2 Party A and Party B shall determine the corresponding settlement method for receivables based on market conditions. Based on this year's sales and Party A's requirements, it is determined that the settlement method for Party B's receivables owned by Party A is monthly, that is, the payment for the current month must be paid before the end of the month, and the settlement time/receivables The number of days will also be reflected in the "Sales Target Confirmation".
4.3 Party B shall conduct financial reconciliation with Party A in a timely manner at the end of each month. Party A provides corresponding delivery, settlement and other information, and issues a statement. The legal representative of Party B must sign the statement and affix the financial seal or official seal.
4.4 If Party B fails to pay the due payment in time, Party A will not ship the goods and will accrue a late payment fee of 5‰ per day. If Party B fails to pay the future payment in full for more than two months, Party A has the right to terminate this agreement.
Article 5 Acceptance of orders, production and packaging, transportation, quality complaints, etc.
5.1 Each time Party B requires goods, it must be faxed to the regional sales representative office designated by Party A in the form of a formal written order. . Party B's order must be signed by legal representative or a specialized person authorized by the legal representative to be valid. If the legal representative authorizes others to sign, a formal authorization notice from Party A must be provided.
5.2 Within 3 working days after receiving Party B’s order, Party A will send out the products according to the negotiated product packaging and transportation method, and notify Party B in a timely manner. If the delivery cannot be made on time, Party A must notify Party B in a timely manner. Party B shall also carry out negotiation work; for authorized products with special requirements or larger batches, Party A shall be given a stocking period.
5.3 Product packaging: Party A’s authorized products will be packed in 25kgs cartons with two layers of inner film bags. Party A’s regional representative office shall transport the products to Party B’s warehouse or designated location after complete packaging. Place. If the packaging is damaged, Party B shall promptly notify Party A on the arrival date. Party A shall send personnel to replace them promptly. Party B's company is not allowed to privately customize packaging that is exactly the same as Party A's authorized products, otherwise it will be fined or even terminate this agreement. The penalty for the first discovery is 1,000 yuan; the penalty for the second discovery is 100 million yuan; and the third discovery, Party A has the right to terminate this agreement.
5.4 Party A’s transportation method will be by car. If Party B needs to adopt a special transportation method or entrust Party A to ship to other locations outside Party B’s warehouse, Party B will be responsible for the freight incurred.
5.5 Quality complaints: After Party B receives the goods from Party A, if it has any quality objections, it must be raised within 2 days after the goods arrive. Party A should promptly send someone to confirm according to the quality appraisal procedure. If there is indeed a quality problem, Party A will provide replacement at Party A's expense. The replacement period shall be completed within 10 working days after the product is returned to the warehouse. If there is no quality problem, Party A will not accept Party B's return request. If Party B raises a quality objection more than 2 days after the arrival of the goods, Party A will not accept it. Because the authorized product pearlescent pigment is an effect pigment, there is no unified standard hue and quality standard at home and abroad. At the same time, different customers have different preferences, so Party A suggests that Party B should first advise customers to conduct experiments and sample tests when promoting products to avoid quality disputes. Once Party B has a dispute with a customer due to quality issues, Party A is obliged to send personnel to assist in resolving the dispute, but Party A does not bear any liability for compensation.
Article 6 Party A’s support and rights
6.1 Marketing support: Party A should actively support Party B in carrying out product launches, standard implementation meetings and other large-scale authorized product promotion activities, and provide New product instructions, promotional brochures, etc.
6.2 Technical support: Technical issues and installation, use and other application issues of authorized products raised by Party B will be answered carefully without violating the "Confidentiality Commitment Agreement". If necessary, Party A will send technical personnel to handle the problem on site, and the cost will be borne by Party A.
6.3 Information support: Party B will be notified of authorized product improvements and new product launch information in a timely manner, which will facilitate Party B’s market operation of authorized products.
6.4 Management support: After the agreement is signed, Party B will be included in Party A’s unified agent management scope and enjoy all rights and obligations of Party A for agent management, including training, credit rating, rewards, etc.
6.5 Party A has the right to understand and grasp Party B’s business dynamics, business performance, etc.
6.5.1 Party B must establish a complete and complete customer file, and report new customer details to Party A's company on the 25th-30th of each month
6.5.2 Information center files, A The party will assist in tracking and developing large-scale customers and potential markets. Party B shall formulate annual product demand forecast and monthly product demand based on market conditions. Submit the product demand plan for next month before the 15th of each month and indicate in detail potential customers and usage estimates, so that Party A can make reasonable market forecasts and production arrangements.
According to the requirements of Party A, Party B shall submit reports on authorized products before the 10th of each month:
① Monthly sales report;
② Inventory report;
③Receivables report (including customer details) to facilitate Party A’s market forecast and performance evaluation.
Both Party A and Party B shall abide by the contract in good faith and resolutely put an end to dishonest behavior. Penalties will be imposed on those who fail to report, omit or falsely report the above-mentioned reports "New Customer Details", "Demand Forecast for Next Month", "Monthly Sales Report", "Monthly Inventory Report", and "Accounts Receivable Details":
① If there is any failure to report or omission of report, the first time penalty is 1,000 yuan; the second time fine is 10,000 yuan; the third time Party A has the right to terminate this agreement;
② If Party A's staff thinks there is any doubt about Party B's report, Party A has the right to launch an investigation, including customer verification, warehouse inventory, requiring Party B to provide customer statements, etc.;
③ If it is verified that there is false reporting , the first time penalty is 5,000 yuan; the second time fine is 20,000 yuan; the third time Party A has the right to terminate this agreement.
Article 7 Responsibilities and Rights of Party B
7.1 Actively maintain the brand image and company image of Party A’s authorized products, and actively cooperate with Party A in the overall market of Party B’s authorized products in the area authorized by Party B Operational plan.
7.2 Actively maintain the quality reputation of Party A’s products and always pay attention to customer feedback on the products. Resolutely crack down on counterfeit and shoddy products that appear or may appear, and notify Party A in a timely manner; Party B is obliged to maintain normal market competition, and once it accepts Party A's written notice, it shall not sell Party A's products to some companies that engage in malicious competition. Manufacturers and merchants shall jointly protect the market of Party A's patented products from infringement.
7.3 Party B shall provide at least one marketing report on authorized products every month in accordance with Party A’s requirements for agent management systems, including the sales, prices, packaging and promotion methods of similar products in the market. , advertising materials, customer opinions, etc. In particular, the market operations of competitors must be grasped in a timely manner. If there are significant changes in the market, Party A should be notified in a timely manner.
7.4 Resolutely abide by the "Confidentiality Commitment Agreement" and "About the Use of Party A's Trademarks" signed by both parties.
7.5 During the period when Party B is distributing Party A’s authorized products, it is strictly prohibited to conduct distribution activities across the authorized area without Party A’s permission. If found, Party A will be fined 5,000 yuan for the first time; 20,000 yuan for the second time; and Party A has the right to terminate this agreement for the third time.
7.6 During the validity period of this agreement, Party B shall not act as an agent/distribute any product that is the same as Party A’s product. If found, Party A will terminate this agreement unconditionally. Within 3 years after the agreement is terminated due to Party B's reasons, Party B shall not operate any products that are the same as Party A's products.
7.7 Party B has the right to understand and master Party A’s product performance, quality level, scope of use and other product technical issues required for marketing.
7.8 Party B has the right to participate in the formulation and decision-making of Party A’s marketing policies within the authorized area.
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.
Article 8 Force Majeure
Any delay caused by any party due to force majeure, directly or indirectly. or is unable to perform all or part of the terms of this Agreement, the other party shall not make claims. Such reasons include: floods, fires, winds, earthquakes, tsunamis, lightning strikes, epidemics, embargoes, seizures, riots, or other reasons beyond the control of the parties. similar reasons, or other special reasons agreed by both parties.
The party concerned shall notify the other party in writing within 10 days after the accident occurs and provide supporting documents from relevant local agencies to prove the alleged existence of the force majeure accident.
Article 9 Termination Clauses of the Agreement
9.1 Termination: Party A and Party B shall conscientiously perform the various terms of the agreement. Subject to the following conditions, each party shall immediately terminate this Agreement by giving written notice to the other party.
9.1.1 If one party fails to perform any term of this Agreement, and the breach of this term cannot be corrected within 20 days after receiving the other party’s written notice requesting correction. If one party voluntarily or is forced to apply for bankruptcy, reorganization, liquidation or dissolution. In case of violation of the "Confidentiality Commitment Agreement" and "About the Use of Party A's Trademark" attached to the agreement. In the event of force majeure in Article 6 of this Agreement, one party is unable to perform its duties beyond the 30-day period.
9.2 Effects of termination: The termination of this agreement will not relieve any debts incurred but not settled by both parties in accordance with the provisions of this agreement. If one party's breach of contract before the termination of the agreement causes the other party to suffer economic losses or loss of image or brand, the other party has the right to file a claim, which will not be affected by the termination of the agreement.
9.3 If Party B encounters the situation mentioned in 9.1.2 / 9.1.4 above, Party A is responsible for helping Party B repurchase the inventory of relevant authorized products. The repurchase price shall be based on the month of repurchase. Prices are standard.
Article 10 Disputes and dispute resolution
All disputes arising from the agreement and the execution of this agreement will be resolved through friendly negotiation by both parties. If the dispute cannot be resolved through negotiation and arbitration or litigation is initiated, both parties agree that the place of arbitration or litigation shall be Taicang City and shall be resolved in accordance with the relevant arbitration and litigation rules and legal procedures. When arbitrating disputes, both parties choose the Taicang Arbitration Commission.
Article 11 is a prerequisite for the effectiveness of this agreement: original business handover, implementation of receivable responsibilities, etc.
11.1 According to the policy requirements of combining domestic trade distribution and direct sales, Key customers within the operating area of ??the distribution premises will be sold directly by the company. The principles for defining direct selling customers are as follows: (Attached is a detailed customer list)
11.1.1 Large international or cross-regional companies;
11.1.2 Former major customers in each region;
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11.1.3 Customers who are growing, have high technical service requirements, and require direct maintenance by the company;
11.1.4 Customers whose distributors cannot make breakthroughs within the effective time (provided by notification from the marketing department (Based on the information and agreed period)
11.2 Make an inventory of the property, inventory, receivables and cash on hand of Party A’s sales representative office in the area where Party B is originally located.
The handover was completed on the day of the year.
11.2.1 Party B is responsible for all receivables delivered by Party A to Party B, and Party B shall settle all the receivables before the end of December 20xx according to the original payment recovery speed.
11.2.2 For customers who are part of Party A’s direct sales department, Party B shall be responsible for arranging handover and completing customer reconciliation work. If bad debts occur, Party B shall bear corresponding responsibilities.
Article 12 Assignment
Either party to this Agreement may not assign this Agreement or any term in it without the written consent of the other party.
Article 13 Others
10.1 This agreement is effective from the date of signature by both parties and will be valid for a period of time
10.2 "Confidentiality Commitment Agreement", "About A "Use of Party Trademarks", "Sales Target Confirmation", "Mortgage Guarantee Contract" and "Distributor Management Measures" are inseparable attachments to this agreement and have the same legal effect as this agreement.
10.3 The official text of this Agreement is made in four copies, each party holds two copies, and has the same legal effect.
Party A (seal): Party B (seal):
Address: Address:
Postal code: Postal code:
Legal agent: Legal agent:
Authorized agent: Authorized agent:
Telephone: Telephone:
Fax: Fax:
Account opening bank: Account opening bank:
Account number: Account number:
Contracting address: Contracting time: