Independent Agent Agreement (Exclusive)

WHEN TO USE: This Independent Agent Agreement provides a vehicle for an independent agent (not an employee) to represent the software company's products to the marketplace. In addition to signing new license agreements, the agent is also responsible for the sale of service agreements which will provide maintenance and support for the end-user. This Independent Agent Agreement is between a software company and a licensing agent on an EXCLUSIVE basis. This type of arrangement is not common in the industry as the degree to which a single person or entity can support the software company for a given territory is not likely. Also, the Independent Agent Agreement of this nature requires the agent not to carry competitive products in its offering. This agreement DOES work well when the agent can provide substantial representation ( network of agents or retail locations ) or when the scope of the software program has a narrow market and the software company would otherwise struggle without offering exclusivity. This Independent Agent Agreement is different from the "non-exclusive" version as exclusivity is granted to a specific territory and minimum royalty payments required of the agent. Also, the agent is not allowed to carry competing products.

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