Kunal Shah (Proprietor) 10 October 2009

Agent agreement

Hello,

I run a proprietorship firm in Mumbai. I wish to sign up wih a US company to market their IT services in India. My role will include fixing meets with top execs in Indian firms and planning a joint trip with the US tech reps. Once the Indian company awards a contract to the US company, I get a commission. The agreement will be non-exclusive. I am to also appoint a few technical personnel to support the Indian client.

Can someone help me with what clauses I need to ensure are a part of the agreement? A few that I could think of are (1) compensation (2) Termination, and benefits that continue to accrue should the US company terminate the agreement (3) Exclusivity for clients / accounts that I introduce, so other agents do not have a right on these.

Should the agreement be US jurisdiction or Indian Jurisdiction?

Any draft available?

Best regards,

Kunal Shah

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3 Replies

A V Vishal (Advocate) 10 October 2009

Shah,

I advise you to enlist services of a good IPR lawyer at Mumbai to get the deed done, since you can get the deed done in detail without any miss outs.

Karl Jacob (Partner/Advocate) 10 October 2009

It is very important to include the ARBITRATION CLAUSE so as to ensure a safe side. Or u may have to go US in case of any dispute. Its safe to include the ARBITRATION CLAUSE and fix resolving process in India itself.

srinivas (Practising Lawyer ) 10 October 2009

sir

i want to remind you that self treatment is always dangerous , every person is not expert in all aspects o.k. i agree that you are a master of yours business and but instead of asking on net your are advised to meet an advocate in personal and share your views,express your necissities to sagegurad your self and to avoid problems, which cannot be done on net, And such advocate willsuggest you on what terms the deed has to be drafted by covering the laws prevails which may be helpful to you and you would be in advantageous stage.