Brand general agent authorization letter template
Brand general agent authorization letter template. Nowadays, many people are thinking about agency brands. When acting as agents, they need to sign a contract. After all, signing a brand agency An authorization contract can effectively protect the legitimate rights and interests of both parties. Take a look at the sample brand general agent authorization letter below. Brand general agent authorization letter template 1
Brand agent authorization letter template
Trademark use licensor (Party A): Hong Kong xx Group Co., Ltd.
The trademark use is Licensor (Party B):
According to the provisions of the "Trademark Law" and the "Implementation Regulations", both parties follow the principles of voluntariness and good faith and sign this trademark license contract through friendly negotiation.
Scope of trademark authorization
1. Party A will license the registered trademark (application number:) to Party B to use it on the packaging of the products it sells.
2. Trademark logo: (attached page)
3. The period of licensed use starts from the day of the year and ends on the day of the year. After the contract expires, if the use time needs to be extended, Party A and Party B shall renew the trademark use license contract separately.
IV. The geographical scope within which Party A permits Party B to use the trademark: within the territory of the People's Republic of China.
5. Party A licenses Party B to use the trademark in the form of: the license is limited to Party B’s sales channels within the People’s Republic of China. During the term of the contract, other sales manufacturers will no longer be authorized to use Party A’s Class A trademark.
6. Authorize Party B to use explanatory text on product packaging, corporate plaques, and promotional materials.
7. Party B shall pay Party A RMB 10,000 as trademark and naming royalties.
8. According to the provisions of the "Trademark Law of the People's Republic of China": "The licensor shall supervise the quality of the goods used by the licensee to use its registered trademark; the licensee shall ensure that the use of the registered trademark Product quality. "Party B must ensure that the products it produces using Party A's registered trademarks must comply with the country's requirements on hygiene, quality, measurement, environmental protection, packaging, industry standards and legal descriptions of the products.
9. Party B shall not arbitrarily change the text, graphics or combination of Party A’s registered trademark, and shall not use Party A’s registered trademark beyond the scope of the licensed products.
10. Party A and Party B shall negotiate on whether to continue to authorize the use of the trademark two months before the expiration of the trademark license contract. If they continue to use the trademark after expiration, they shall re-sign the "Trademark License Contract" and renew the registration fee. Renewal of the contract will terminate automatically.
11. After the termination of the contract, Party B shall not use Party A’s authorized trademarks and logos on the products it produces, and Party B is allowed to use Party A’s authorized trademarks and logos on its product packaging, corporate plaques, and publicity in item 6 of this contract. Otherwise, Party A has the right to pursue its infringement liability according to law.
12. During the validity period of the contract, Party A has the right to supervise the quality of Party B’s products in accordance with Article 40 of the Trademark Law of the People’s Republic of China. Party B has the responsibility to submit the packaging design manuscript to Review and file with Party A to avoid any violation of the law.
13. Party A’s authorization to use Party B’s trademark is in accordance with the provisions of the Trademark Law of the People’s Republic of China and the Implementation Regulations, and is only intended to increase Party B’s visibility and expand market share. Lead the corporate image and product image planning and packaging. It is legally authorized and protected by law.
At the same time, it should be emphasized that both parties are independent legal persons and each bears independent legal responsibilities; the claims, debts of Party A and Party B, and legal liabilities unrelated to this contract shall not involve the other party; each Party A and Party B shall not involve the other party. Neither party's claims, debts, nor other legal disputes and liabilities unrelated to this contract shall constitute joint and several legal liability to the parties.
Conditions for the validity and termination of this contract:
14. Both parties shall sign and seal the trademark license contract.
15. Party B paid Party A’s trademark usage fee in full according to the amount agreed in the contract.
16. Party A submits the trademark license contract to the Trademark Office of the State Administration for Industry and Commerce for acceptance and filing.
Seventeen. Party B must meet the following conditions to use products with registered trademarks authorized by Party A:
● Product testing qualification report issued by the testing department designated by the State Administration of Technical Supervision.
●Products that are explicitly required to have environmental certification by the state must obtain certification from national environmental protection agencies or certification from nationally designated agencies.
●Products that must comply with national mandatory standards must meet the standards.
●For products that must be issued a production license by the national administrative department, a production license must be obtained.
Within three months of signing this contract, Party B shall check it with the local industrial and commercial bureau where it is registered.
18. The contract will take effect on the date signed by both parties. If Party B's usage fee does not arrive at Party A's designated account 10 days after the execution date is overdue, Party A will treat Party B as a breach of contract. If Party B fails to take remedial measures within 3 days after receiving Party A's notice, Party A has the right to terminate Party B's contract and demand compensation from Party B. Party B will be responsible for any consequences arising therefrom.
Conditions for the termination of this contract:
19. The trademark license contract has expired and the contract has not been renewed.
20. Party B violated the provisions of the "Trademark Law of the People's Republic of China" and the "Implementation Regulations". After using Party A's registered trademark, its products were shoddily manufactured, passed off as inferior, and defrauded consumers. or constitute serious damage to Party A’s reputation.
21. Within 10 working days after Party B signed this contract, the trademark license fee was not fully transferred into Party A’s designated account (bank holidays and holidays will be postponed).
Transaction Procedures
23. Party A will first submit the contract to Party B for review. Party B will pay RMB 10,000 if there is no objection. The payment method is:
Party B shall pay 60% of the full payment in advance, and the remainder shall be settled after Party A submits it to the Trademark Office of the State Administration for Industry and Commerce for acceptance. If Party B fails to complete all settlement matters within 10 working days after Party A has completed all procedures, Party A will regard Party B as a breach of contract and has the right to terminate the contract with Party B, suspend Party B's use of its registered trademark, and receive Party B’s expenses shall be used as compensation to Party A.
Both parties signed the "Trademark License Use Contract" and went to the company, the trademark agency designated by the State Administration for Industry and Commerce, to make a filing document. The trademark agency submitted it to the Trademark Office of the State Administration for Industry and Commerce for filing.
24. After the agency submits the "Trademark License Contract" signed by both parties to the Trademark Office of the State Administration for Industry and Commerce, all obligations assumed by Party A will be completed.
25. After accepting the "Trademark License Use Contract", the Trademark Office of the State Administration for Industry and Commerce will issue a "Trademark Use License Filing Notice" to Party A in accordance with its administrative procedures, and file it in the national "Trademark License Use Contract". Announcement on Trademark Announcement.
26. The "Trademark Use License Contract" concluded in accordance with the provisions of the "Trademark Law of the People's Republic of China" and the "Implementing Regulations" has the validity conditions in the contract, that is, it shall be effective for both parties. Legally binding.
Liability for breach of contract
27. Party B cannot exceed the trademark category, product type, trademark use area, use form, use period and other conditions stipulated in the "Trademark License Contract" , use the registered trademark legally.
28. Party B is limited to using the trademark authorized by Party A on the products sold by the company. Party B shall not sublicense the trademark authorized by Party A to a third party in any form or reason, nor may it use it as an investment to establish a new legal entity with a third party to produce, sell and make profits.
29. Party B must pay all trademark usage fees in full before using Party A’s registered trademark, and shall not refuse or delay payment for various reasons. During the duration of the license contract, Party A cannot unilaterally terminate Party B's right to use the trademark (except in compliance with the terms of the "Contract Termination Conditions" in this contract).
Thirty. If both parties violate the terms of "Liability for Breach of Contract", the default amount of the defaulting party shall be RMB 200,000.
Applicable Law
31. The formation, interpretation, validity and resolution of disputes of this contract are governed by the Trademark Law of the People’s Republic of China and the Implementing Regulations and other relevant laws and regulations.
Dispute Resolution
32. If there is a dispute over the contract that needs to be modified, both parties must unanimously agree, sign a written contract and submit it to the original trademark office for acceptance before it can take effect.
33. For losses caused by one party’s failure to perform its obligations under the contract or its serious violation of the provisions of the contract, the non-defaulting party has the right to lodge financial compensation with the defaulting party. Both parties reach a consensus after negotiation, and the contract can continue to be performed after the non-breaching party receives compensation.
Thirty-four. If a contract dispute cannot reach consensus, the dispute can be submitted to the China Council for the Promotion of International Trade Arbitration Commission, which will conduct arbitration in accordance with the "Arbitration Regulations of the People's Republic of China" and the arbitration results will be are final and binding on both parties.
Interpretation, agency, dispute acceptance, arbitration institution
35. The right to interpret trademark license disputes in this contract lies with the Trademark Office of the State Administration for Industry and Commerce.
Thirty-six. The trademark agency in this contract is a limited company.
Thirty-seven. Disputes in this contract shall be handled by the Beijing Intermediate People’s Court.
38. The arbitration of disputes in this contract shall be conducted by the China Council for the Promotion of International Trade Arbitration Commission.
This contract is made in quadruplicate. According to the provisions of the "Trademark Law of the People's Republic of China" and the "Implementing Regulations", Party A shall submit a copy of the contract to the Party within three months from the date of signing. Send it to the Trademark Office of the State Administration for Industry and Commerce for filing; Party B will submit a copy of the contract to the Industrial and Commercial Bureau of the place of registration for review.
Licensor (Party A):
Licensee (Party B):
Legal representative: Legal representative:
Year, month and day
Year, month and day Brand General Agent Authorization Letter Sample 2
Party A: ____________________________
Party B: ____________________________
____________________________ After friendly negotiation, the company (hereinafter referred to as Party A) and __________________ Company (hereinafter referred to as Party B), on the basis of equality, voluntariness, trust and mutual benefit, and in accordance with the relevant laws of the People's Republic of China and the "China Direct Investment Brand Authorization" "Management Measures Implementation Rules", the following agreement has been reached regarding Party B's "authorized use of China Direct Investment" from Party A:
Party A and Party B shall independently bear civil liability and have no ownership relationship with each other.
Party A shall provide Party B with relevant direct investment-related information and training in accordance with the "Implementation Rules of China's Direct Investment Brand Authorization Management Measures".
Party A agrees to Party B’s use of the “___________”, “____________” and “_____________” brands.
Party B’s e-commerce income from developing China Direct Investment Network shall belong to Party B.
After providing Party B with relevant training management, ISO9001 delivery materials, and brand use, Party A must occupy ______ shares of Party B’s profits.
Party A has the right to participate in Party B’s delivery management guidance.
Party B shall provide Party A with financial statements and settle profit distribution in __________________ month of each year.
If there is a dispute between Party A and Party B, it shall be resolved through negotiation. If negotiation fails, both parties may file a lawsuit in the People's Court with jurisdiction over Party A.
The term of this brand licensing agreement is ______ years, commencing on _______month______day of _____________year and ending on _______month______day of ____________year. After the termination of this agreement, Party B shall not continue to use the "China Direct Investment" brand in any form, otherwise it shall bear infringement liability. After the expiration of the agreement, if Party A and Party B continue to cooperate as they wish, they can extend the cooperation period, which shall be determined by a separate agreement signed by Party A and Party B.
This agreement is made in two copies. Party A and Party B each hold one copy. It will take effect after being signed and sealed by both parties. The "Implementation Rules of China Direct Investment Brand Authorization Management Measures" is an attachment to this agreement and is an integral part of this agreement and has the same binding force and legal effect.
Others_______________________________________________________________
Brand licensing company: (seal) _______________ Authorized company: (seal) _______________
Signature of legal representative: _______________ Signature of legal representative: _______________
Date: _____________month______day Date: _____________year_______month______day Brand general agent authorization letter template 3
Manufacturer: __________________ Company (hereinafter referred to as Party A)
Agent: __________________ Company (hereinafter referred to as Party B)
After friendly negotiation, Party A and Party B agree on Party B’s designated The following agreement has been reached to exclusively represent Party A’s products in the region:
1. Agency authority
1. Party A authorizes Party B to represent Party A’s existing series of products within the province of _____________, including _____________. Party A’s other products shall be included in the scope of agency as determined by both parties through negotiation. Under the same conditions, Party B has priority.
2. Party B can only sell within the designated area and shall not engage in any sales outside the area.
3. Within one year after this contract comes into effect, Party B will become Party A’s temporary agent. In addition to the exclusive regional agency rights, temporary agents enjoy the same rights as formal agents. After one year of cooperation between Party A and Party B, Party A will issue an exclusive agency certificate. From then on, Party B will enjoy exclusive agency rights in the designated area.
4. After Party B becomes a formal agent, it will be Party A’s only agent in the designated area. Party A is not allowed to have other agents to compete with Party B.
5. Unless there is a prior agreement with Party A, Party B shall not sell its agent's products to customers outside the designated area or to customers who are within the designated area but have reason to believe that their final sales destination is outside the designated area. Party A’s products.
6. Unless there is a prior agreement with Party B, Party A shall not sell products represented by Party B to any company or individual other than Party B within the designated area, nor shall Party A sell products represented by Party B to those outside the designated area. However, there is reason to believe that any company or individual whose final sales destination is within the designated area sells its products represented by Party B.
7. Within the designated area, Party B shall not change the design of Party A’s products without authorization, or entrust other manufacturers to imitate Party A’s products for illegal profit-making. Once discovered, Party A will cancel cooperation with Party B indefinitely and pursue legal action against Party B. Legal liability.
8. Party B serves as Party A’s exclusive agent in the designated area. Regardless of the purpose, Party B and its employees are not Party A’s agents and have no right to represent Party A.
2. Quality and Technical Assurance
The products sold by Party A to Party B are qualified products that comply with production quality and technical specifications. If the products sold by Party A to Party B fail to meet the above commitments, Party A is responsible for compensating Party B for the products ordered. At the same time, moldy and rusty goods caused by poor storage are not within the scope of Party A’s quality and technical guarantee.
3. Product Price
1. The price of the agent product is the most favorable unified agent price given by Party A to the agent. Party A promises to provide Party B with products whose prices are competitive in the market, that is, have a higher cost performance compared with other similar products. Since the final sales of Party A's products are realized by Party B, Party A will promptly provide Party B with guidance or reference prices based on the specific requirements of each type of product based on the requirements of Party B and Party B's users. In principle, the final selling price specified by Party B should not be lower than the lowest price quoted by Party A (unless otherwise agreed by Party A).
2. On the date of signing this agreement, Party A must submit a detailed product price list to Party B. The list includes the lowest price settled between Party A and Party B and the reference price for market users.
IV. Agency Discounts and Settlement
1. If Party A and Party B users directly sign a supply and service contract, Party A will determine Party B’s agent based on the contract price and payment progress. cost. On the premise of ensuring normal payment, the agency fee calculation method is:
(1) The contract amount is equal to the company’s lowest price:
Agency fee = contract amount ×_____________.
(2) The contract amount is within 50% (inclusive) of the company’s lowest price.
Agency fee = lowest price × _____________ + (contract amount – lowest price) × _____________.
(3) The contract amount is more than 50% higher than the company’s lowest price
Agency fee = lowest price × _____________ + (contract amount – lowest price) × _____________.
(4) Based on the payment progress of Party B’s users, Party A will return the corresponding agency fees to Party B. The refund progress is as follows:
When the user’s payment progress reaches more than _____________% of the contract amount, the process begins. First return of agency fees:
First return: _____________% of the total agency fees.
When the user’s payment progress reaches more than _____________% of the contract amount, the second return of agency fees will begin:
Second return: Return of _____________% of the total agency fees.
When the user’s payment progress reaches more than _____________% of the contract amount, the third return of agency fees will begin:
The third return: Return to _____________% of the total agency fee.
The fourth refund of agency fees will be settled simultaneously with the balance of the user’s contract.
2. Party B must provide the corresponding value-added tax invoice when settling agency fees.
3. If Party B signs a supply and service contract directly with the user, Party A and Party B sign a formal domestic trade contract, and all rights and obligations will be implemented in accordance with the contract. If the user requires Party A to sign a guarantee, Party A agrees to cooperate.
4. Due to bidding, etc., the transaction price with the user is lower than the lowest price (the bid price has been approved in writing by Party A), Party A shall calculate 10% of the total price of the special products in the contract as Party B's profit.
5. Expenses
When Party B signs the contract, the price of the products provided by Party A to Party B shall be based on the final agreement between the two parties. Party A provides invoices, and Party A will not bear the costs and expenses of bidding, product exhibitions, business operations, product testing, etc. incurred by Party B when selling Party A's products.
When Party A signs the contract, the price of the products provided by Party A to Party B shall be based on the final agreement between the two parties. Party B shall provide the invoice and withdraw the discount from Party A.
Party A will not be responsible for the bidding, product exhibition, business operations, product testing fees and costs incurred by Party B when selling Party A's products.
6. Support and services provided by Party A
In order to support Party B in expanding its regional market, Party A promises to provide the following support to Party B in terms of advertising technology, accommodation, etc.:
1. Provide Party B with an agency certificate or other certification materials proving that Party B is the sole and exclusive agent for Party A’s products in its agent area.
2. Party A will indicate Party B and its agency area (based on Party B’s needs) in its product advertisements and other public materials.
3. Party A will provide relevant training on product materials, designs and features according to Party B’s needs, and provide design modification (ODM) services for Party B’s major customers.
4. Party A is responsible for returning or free warranty for all products sold by Party B due to problems caused by Party A’s production quality, and provides paid maintenance services for products damaged due to other reasons.
VII. Sales Performance
1. Considering the vastness of the agency area, the long market cycle and the existence of many policy instability factors, Party B’s sales during the temporary agency period Performance is highly unpredictable, so Party A has the right to decide whether to issue a formal agency certificate based on Party B's performance during the temporary agency period. At the same time as the agency certificate is issued, Party A and Party B determine the sales performance that Party B should complete each year.
2. If Party B fails to meet the above minimum requirements, Party A has the right to take the following measures:
(1) Cancel its exclusive agency rights;
( 2) Reduce its sales area;
(3) Terminate this contract.
Note: When the sales performance is not satisfactory, Party B should state in writing the factors that affect performance to facilitate Party A to make market decisions at the appropriate time.
8. Sales reports and market information
1. Party B shall provide Party A with a forecast for the next quarter at the beginning of the quarter, and provide a sales performance plan for the current year at the beginning of each year.
2. Within the agency area, Party B shall maintain the continuous improvement of the market share of Party A’s products, including user awareness (the content is not subject to this restriction):
(1), Information about competitors, their products and prices.
(2) Opinions of actual users and potential users on the product.
(3) User demand information.
(4) Future market development opportunities.
(5) Bidding information (including quoted and unquoted).
(6) Market research.
(7) Whether new products or improved new products can satisfy users.
(8) Market intelligence that helps Party A evaluate market dynamics in the sales area.
9. Intellectual Property
1. Party B should sell products under Party A’s brand.
2. Party B shall not use Party A’s brand to sell products not designed and manufactured by Party A.
3. Once Party B discovers that another party has infringed upon Party A’s brand or other intellectual property rights, it shall notify Party A immediately. If Party A intends to pursue other parties' legal liability, Party B shall provide effective assistance.
4. Party A shall provide relevant instructions on the design and production of agent products.
10. Agreement Period
1. This agreement will officially come into effect after being signed by both parties, and will be valid for 12 months from the date of signature of the agreement. After 12 months, Party B will obtain Party A's official agency authority based on the official agency certificate faxed by Party A until the two parties terminate the agency partnership.
2. Party A has the right to evaluate Party B’s business contract during the temporary agency period of Party B. If Party B does not have any sales behavior, Party A has the right to modify this agreement and unilaterally terminate this agreement.
3. If the following circumstances occur, either party may terminate the agreement immediately:
(1) The other party violates the provisions of this agreement and fails to do so within 30 days after being warned. Remedial measures are taken;
(2) The other party is about to go bankrupt or cannot repay its debts;
(3) The other party has acted dishonestly or fraudulently.
4. Regarding the termination of the agreement.
(1) The termination of this agreement does not eliminate the payment of the amount owed by each party to the other party during the agreement period
(2) After the expiration of the agreement, Party A shall continue to Provide after-sales services to Party B’s existing users, including paid repairs for non-quality problems of products, and all costs incurred for repairs shall be borne by the customers.
(3) After the agency relationship is terminated, Party B shall immediately stop acting as an agent for Party A’s product sales, advertising or use of any Party A’s intellectual property unless it is necessary to complete additional orders.
Party A: __________________ Party B: __________________
Legal representative: _______________________ Legal representative: __________________
Date: _________year______month_____ Date: _________year______month_____day