The Product Reseller Agreement is essential for businesses operating in the Philippines that wish to establish formal distribution channels for their products through third-party resellers. This document is typically used when a manufacturer or supplier wants to expand their market reach by authorizing other businesses to resell their products while maintaining control over how their products are marketed and sold. The agreement addresses key aspects required under Philippine law, including distribution rights, territorial restrictions, pricing policies, and compliance with local regulations such as the Consumer Act and Competition Law. It provides crucial protection for both parties by clearly defining their rights, responsibilities, and limitations, while ensuring alignment with Philippine business practices and legal requirements. The agreement is particularly important in the context of the Philippines' growing retail and e-commerce sectors, where clear distribution agreements are essential for business success and legal compliance.
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1. Parties: Identifies and provides full legal details of the supplier and reseller
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes the reseller's appointment, territory rights, and exclusivity status
5. Products: Identifies the products covered by the agreement
6. Ordering and Delivery: Details the process for ordering products and delivery terms
7. Prices and Payment: Specifies pricing structure, payment terms, and related conditions
8. Obligations of the Supplier: Lists the supplier's responsibilities including product supply, support, and training
9. Obligations of the Reseller: Details reseller's duties including marketing, sales targets, and customer service
10. Intellectual Property Rights: Protects supplier's IP and sets terms for brand usage
11. Confidentiality: Protects confidential information of both parties
12. Term and Termination: Specifies agreement duration and termination conditions
13. Warranties and Indemnities: Details product warranties and parties' indemnification obligations
14. General Provisions: Includes standard legal clauses like governing law, notices, and assignment
1. Minimum Purchase Requirements: Include when supplier requires minimum order quantities or values
2. Marketing and Promotion: Include when specific marketing requirements or cooperative advertising programs exist
3. Training and Support: Include when comprehensive product training or technical support is required
4. E-commerce Terms: Include for online sales channels and restrictions
5. Data Protection: Include when significant customer data handling is involved
6. Non-Competition: Include when restricting reseller from selling competing products
7. Export Control: Include when products may be subject to export restrictions
8. Insurance Requirements: Include when specific insurance coverage is required
9. Service Level Agreement: Include when specific performance metrics need to be maintained
1. Product List: Detailed list of products covered by the agreement with specifications
2. Price List: Current pricing structure and reseller discounts
3. Territory Map: Detailed description or map of authorized sales territory
4. Service Level Requirements: Specific performance metrics and service standards
5. Trademark Usage Guidelines: Rules and guidelines for using supplier's trademarks
6. Return and Warranty Procedures: Detailed procedures for handling returns and warranty claims
7. Marketing Guidelines: Specific requirements for marketing and promoting products
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