COMMERCIAL AGENT CONTRACT

Between: ……………………………………., with address at. ……………………………………, in her character of … …………………………………. of the company ……. ………………………………, according to …………………….. (ACCREDITED PERSONNEL), whose photocopy is attached to this, hereinafter «the company», and ………………………………….., national identity identification number …………………………………., residing in ………………………………….., hereinafter «the agent», agree to celebrate the present agency contract, subject to the following clauses and conditions:

FIRST: The company grants the agent for this act, the area located in the town of ………………………….. ……….., State/Province of …………………………….. …….., and delimited by …………………………………… (the zone can be interprovincial, and even in the national or international scope) so that in such radius the agent promotes and provides the articles that it produces (or holds licenses), and that are detailed in an attached list forming part of this contract.

SECOND: For its part, the agent undertakes to carry out with the products, and in the aforementioned area, the following activities: a) publish the products by all means it deems appropriate, such activity being at its exclusive charge; b) promote all types of business for the company related to the activity of the same or not, but without the power to conclude any without the express agreement of it; c) organize the distribution and sale of the products that by this act are granted, or that successively the company confers. (Being the agency contract broad in its object, the sections mentioned here can be agreed on all or some, or include those that are necessary and compatible)

THIRD: The compensation of the agent is agreed as follows: ………………………………. …… 

FOURTH: In relation to what is stated in section b) of the Second clause, and as a general rule for the entire contract, it is expressly agreed that the representation of the company by the agent shall be exercised only in each particular case that the same indicate and previous written acceptance. Failure to comply with this essential condition is sufficient grounds for rescission of the contract, without the need for any prior interpellation, and without prejudice to the exercise of relevant legal actions.

FIFTH: The duration of this contract is ………………………………….. … (months-years), ending on the date ………………. of ……………………………… …….of…………………………………… …

SIXTH: Regarding the rendering of accounts, the following is agreed:

SEVENTH: The agent is obliged to act locally and in good faith watching over the interests of the company on whose account he / she acts, in the exercise of the entrusted activity. 

EIGHTH: The company ……………………………………. is obliged to make available to the agent, the samples, catalogs, fees and other documents necessary for the exercise of the entrusted activity.

NINTH: The company ……………………………………. is obliged to provide the agent with all the information necessary for the performance by the agent of the entrusted activity.

TENTH: The company can not enter into a similar contract with other persons/companies than those hereby signatories, within the area mentioned in the first clause. Moreover, the agent can not enter into a similar contract to promote, sell, publish, etc., products of the same nature as those set forth herein, manufactured by third parties unrelated to this contractual relationship. Failure to comply with the provisions of this agreement leads to the termination of the contract and the demand for the following damages. (Bearing in mind that the agent generally attends the businesses of several companies, and that many of them may have a similar purpose, this clause is not fixed and can be adapted to each particular situation). 

ELEVENTH: It is perfectly established that this contract does not imply any corporate intention, nor does it reflect any type of employment relationship.

TWELFTH: The termination without cause of this contract, is appropriate by notification by. ……………………………………. (written, email, etc. ) in advance of ……………………………………. days.

THIRTEENTH: This contract will be terminated due to death or declaration of death of the agent.

FOURTEENTH: Upon termination of this agency agreement, if the agent had contributed new clients to the company ………………………. …………… or significantly increased the operations with the pre-existing clientele, will be entitled to compensation if their previous activity can continue to produce substantial benefits to the company …….. …………………………….. and is equitable according to the concurrent circumstances, without the indemnity exceeding the average annual amount of the remunerations received by the agent during the term of the contract.

DECIMA QUINTA: Las partes se someten a la jurisdicción de los Tribunales de la Capital Federal, para lo cual establecen los siguientes domicilios legales en los indicados al comienzo del presente, donde se tendrán por válidas todas las notificaciones.

FIFTEENTH: The parties submit to the jurisdiction of the Courts of the Autonomous City of Buenos Aires, Argentina, for which they establish the following legal addresses in those indicated at the beginning of this contract, where all notifications will be considered valid.

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by the Commercial Agent

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by SUNE S.R.L.