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GUIDELINE

Guidelines for Drafting an Agreement for Appointment of a Sole Selling Agent by a Public Limited Company:

Introduction:
Clearly state the names of the parties involved ? the Public Limited Company appointing the Sole Selling Agent and the Agent being appointed.

Scope of Appointment:
Define the specific territory for which the agent is appointed. Outline the products or services covered under the agreement.

Term and Termination:
Clearly specify the duration of the appointment and the conditions under which either party can terminate the agreement.

Compensation and Commission:
Clearly outline the compensation structure, including commission rates and payment terms. Specify any allowances or expenses reimbursed to the agent.

Duties and Responsibilities:
Define the roles and responsibilities of the Sole Selling Agent, ensuring clarity on sales targets, reporting mechanisms, and marketing efforts.

Confidentiality and Non-Compete:
Include clauses to safeguard the company's confidential information and prevent the agent from engaging in competing activities during and after the agreement.

Dispute Resolution:
Establish a mechanism for resolving disputes, such as through mediation or arbitration, to avoid costly legal proceedings.

Common Mistakes to Avoid:
a. Ambiguous Terms: Ensure clarity in all provisions to avoid misunderstandings.
b. Neglecting Legal Compliance: Ensure the agreement adheres to relevant laws and regulations.
c. Inadequate Termination Clause: Clearly define conditions for termination to prevent disputes.
d. Missing Confidentiality Safeguards: Protect the company's sensitive information through robust confidentiality clauses.

Remember, consulting with legal professionals is advisable to ensure the agreement aligns with legal requirements and safeguards the interests of both parties.

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