Men’s Movement Standard Agency Agreement
This Agency Agreement (“Agreement”) is between the vendor/instructor = “The Company” and Mansrörelsen, Men’s Movement, a Swedish sole proprietorship with organization number SE770814011101, and business address: Norra stationsgatan 95B, 11364 Stockholm, Sweden (“Agent”). Each being referred to as a ‘Party’, and together referred to as the ‘Parties’. The “products” refers to the digital products the Company uploaded to the store at Mensmovement.com In consideration of the mutual provisions herein contained, the Parties hereto agree as follows:
The Company appoints the Agent as its agent registered in [Sweden], being the territory of the Agent (the ‘Territory’), for selling and marketing the products that “the Company” will add to the on-line store, to customers based worldwide.
The Company guarantees it is the legal owner of all rights to the Products. If ownership of rights should change, it is the responsibility of the Company to communicate this to the Agent. The Company shall bear all costs and expenses incurred by the Agent as a result of a change of ownership to the Products. All intellectual property rights of the Products shall remain the property of the Company.
Subject to the provisions of this Agreement, the Company covenants to deal with the Products only through the Agent in the Territory (Sweden) and to refer to the Agent any inquiry that the Company may receive, directly or indirectly, as to deliveries of the Products to the Territory. The Company will further promote the Products to the Territory through the Agent, on the terms and provisions as set out in this Agreement.
- RIGHTS AND DUTIES
The Agent has the authority to bind the Company regarding selling the Products on-line to any customers. The Agent shall represent the Company by providing sales opportunities on its website, at agreed prices as further specified from time to time, involving strategies on volumes and Product mix and sell- and marketing solutions. The Company shall furnish the Agent with all necessary information, delivery conditions, price lists, advertising, and technical materials. Any warranty or withdrawal claims made by the customer shall be handled solely by the Company.
5. COMMISSIONING AND PURCHASING
5.1 The Agent has been authorized (in a separate power of authority) to receive payment for the Products, on behalf of the Company.
5.2 As remuneration for the Agent’s services under this Agreement, the Company shall pay commission as further described below in point. The commission is payable for the deliveries the Company makes in the Territory during the validity of this Agreement. With respect to any deliveries carried out in the Territory after the termination of this Agreement, the commission is payable only on orders solicited by the Agent before the expiry of this Agreement (regardless of time of acceptance of order any payment). No commission is earned on any order which is for any reason not accepted by the Company.
5.3 The Parties agree that the Agent shall be compensated with a commission of 30 % of the net sales price to end client (i.e. excluding tax minus costs), for the above-mentioned services.
5.4 Any commission is due and payable to the Agent at the end of each month, corresponding to the invoiced quantities in the previous month. The Agent will be provided a commission note on a monthly basis.
5.5 The Company shall immediately inform the Agent of any circumstances likely to interfere with the proper execution of existing orders.
This pricing is valid for all products and services that are uploaded to the course catalog or the Woo Commerce store on the homepage of the Men’s Movement.
6.1 If the product or service is free of charge for the end user, there will be no commission.
6.2 For all products and services that has a cost, the agent will recieve 10% or the amount before taxes.
7. INDEPENDENT PARTIES
This Agreement shall not render a Party being an employee, partner, or joint venturer with the other Party, for any purpose. The Agent is and will remain an independent contractor in his or her relationship to the Company. The Agent shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Each Party will carry liability insurance (including malpractice insurance, if warranted) in terms of their respective duties and liabilities under this Agreement.
As part of the compensation to the Agent, the Agent shall also be reimbursed for the following expenses: no expenses. [Describe all expenses for which the Agent may be reimbursed.] The Company shall not be obligated to reimburse the Agent for any additional expenses incurred in the performance of services pursuant to this Agreement unless agreed in writing by the Company in advance.
This Agreement expires on the very same day that the vendor/instructor registered at the site. This Agreement shall automatically renew for a period of one year, unless the terminating Party gives, at least, three months written notice (pdf in an e-mail is accepted) before the date of expiration, of the intention not to renew.
The severance pay provisions under Swedish law (lag om handelsagentur (1991:351)) shall apply to this Agreement.
Any amendments to this Agreement shall be made in writing and signed by both Company Parties. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.
13. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the Parties relating to the subject matter herein and supersedes all prior discussions between the Parties.
14. GOVERNING LAW; CONSENT TO PERSONAL JURISDICTION
This Agreement shall be governed by Swedish law excluding conflicts of laws principles, with Stockholm District Court as the chosen court of first instance.
If one or more of the provisions of this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
16. FURTHER DOCUMENT
If any other provisions or agreements are necessary to enforce the intent of this document, both Parties agree to execute such provisions or agreements upon request. This Agreement is entered into this day between the Company (upon the day when the Company they apply to become a vendor/instructor at Mensmovement.com) and the Agent (upon the day when they approved the vendor/instractor at Mensmovement.com)