This merchandising and marketing agreement template has 10 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our merchandising and marketing agreement template:
MERCHANDISING AND MARKETING AGREEMENT This Merchandising and Marketing Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "Merchandiser"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS for many years [YOUR COMPANY NAME] has carried on the business of selling [SPECIFY PRODUCTS BEING SOLD] and other products related thereto (the "Products"), at a number of retail stores generally known as [YOUR COMPANY NAME] Stores; and WHEREAS the [YOUR COMPANY NAME] Stores and the trade names, trade marks and associated commercial logos and symbols (the "Names and Marks") owned, used and/or established by [YOUR COMPANY NAME] and used in connection with the [YOUR COMPANY NAME] Stores have gained public acceptance and goodwill; and WHEREAS to ensure the most effective operation of the [YOUR COMPANY NAME] Stores, [YOUR COMPANY NAME] desires to develop a comprehensive merchandising system (the "[YOUR COMPANY NAME] Merchandising System"), the essence of which is the overall uniformity of identification, design and merchandising of retail stores carrying on business under the name [YOUR COMPANY NAME] Stores; and WHEREAS the Merchandiser acknowledges that the success of the [YOUR COMPANY NAME] Merchandising System is dependant upon the commitment of the Merchandiser to devote its attentions to the operations and affairs of the [YOUR COMPANY NAME] Stores; WHEREAS the Merchandiser desires to enter into this Agreement to use the [YOUR COMPANY NAME] Merchandising System to operate the [YOUR COMPANY NAME] Stores at and from the stores located at: [ADDRESS] [ADDRESS] [ADDRESS] (the "Business Premises"); and WHEREAS the Merchandiser acknowledges (i) that the marketing and merchandising policies and procedures, and standards of merchandising, products quality and service prescribed by the [YOUR COMPANY NAME] Merchandising System, and the Merchandiser's adherence thereto and compliance therewith together constitute and are of the essence of this Agreement, in that such adherence and compliance, in conjunction with the Names and Marks, provides the basis for and is essential to the continuance of the existing valuable goodwill and public acceptance of the [YOUR COMPANY NAME] Merchandising System, and (ii) that in entering into this Agreement [YOUR COMPANY NAME] is acting expressly upon and in reliance on such acknowledgements by and of the Merchandiser to the extent that without such acknowledgements [YOUR COMPANY NAME] would not have entered into this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that for and in consideration of the premises and of the mutual covenants and agreements herein contained, the [YOUR COMPANY NAME] Stores convenants and agree as follows: 1. GRANT AND TERM 1.1 Subject to the terms and conditions of this Agreement and to the rights of termination set out in Article 10 and Article 17, [YOUR COMPANY NAME] hereby agrees with the Merchandiser that the Merchandiser shall have the right, license and privilege to adopt and use the [YOUR COMPANY NAME] Merchandising System in connection with the operation of the [YOUR COMPANY NAME] Stores at and only at the Business Premises; and subject to the approval of the Merchandiser as a user by the Registrar of Trade Marks, to adopt and use, but only in connection with the [YOUR COMPANY NAME] Stores and only at and from the Business Premises, the Names and Marks (which term shall include such other trade names, marks and logos as may be designated from time to time by [YOUR COMPANY NAME]); in the event that the Merchandiser is not approved by the Registrar of Trade Marks as a user of the Names and Marks, either party may terminate this Agreement. Pending recording of the Merchandiser as a registered user of the names and marks, use thereof shall be subject to the continuing approval of [YOUR COMPANY NAME]. 1.2 The Merchandiser hereby acknowledges that [YOUR COMPANY NAME] is in the course of developing a Merchandising and Marketing Manual and the Merchandiser hereby agrees to conduct the [YOUR COMPANY NAME] Stores under the [YOUR COMPANY NAME] Merchandising System in accordance with all of the provisions of this Agreement and as may be set forth from time to time in the Merchandising and Marketing Manual (as hereinafter defined). 2. GENERAL SERVICES TO BE RENDERED BY [YOUR COMPANY NAME] 2.1 [YOUR COMPANY NAME] shall provide initial advice, guidance and technical assistance to the Merchandiser to enable the Merchandiser to establish and operate the [YOUR COMPANY NAME] Stores in accordance with the [YOUR COMPANY NAME] Merchandising System, and [YOUR COMPANY NAME] shall periodically, and, at such other reasonable times as [YOUR COMPANY NAME] shall consider necessary or desirable, advise and consult with the Merchandiser in connection with the operation of the [YOUR COMPANY NAME] Stores. 2.2 [YOUR COMPANY NAME] shall make available to the Merchandiser all additional services, facilities, rights and privileges which [YOUR COMPANY NAME] makes generally available, and at prices charged by [YOUR COMPANY NAME] from time to time, to parties using the [YOUR COMPANY NAME] Merchandising System. 3. MERCHANDISING AND MARKETING MANUAL 3.1 [YOUR COMPANY NAME] shall provide the Merchandiser with the [YOUR COMPANY NAME] Merchandising and Marketing Manual (the "Merchandising and Marketing Manual") which shall be developed by [YOUR COMPANY NAME] for use by operators of [YOUR COMPANY NAME] Stores generally and which shall contain detailed information relating to the merchandising and marketing operations of the [YOUR COMPANY NAME] Stores, including such matters as merchandising and distribution techniques, advertising and personnel training practices. 3.2 The Merchandiser shall adopt and use exclusively, and shall adhere to and comply with the methods, procedures and policies from time to time established, amended and prescribed by [YOUR COMPANY NAME] and stated in the Merchandising and Marketing Manual. 3.3 The Merchandiser acknowledges that [YOUR COMPANY NAME] is the owner of all proprietary rights in and to the [YOUR COMPANY NAME] Merchandising System and the Merchandising and Marketing Manual, that the information revealed in the Merchandising and Marketing Manual, in its entirety, constitutes confidential trade secrets and that the Merchandiser shall have the right to use the Merchandising and Marketing Manual only pursuant to the terms and conditions of this Agreement. 3.4 Without the prior written consent of [YOUR COMPANY NAME], the Merchandiser shall not disclose the contents of the Merchandising and Marketing Manuel to any person, except to employees of the Merchandiser for purposes related solely to the operation of the [YOUR COMPANY NAME] Stores, nor shall they reprint or reproduce the Merchandising and Marketing Manual in whole or part for any purposes except in connection with instruction of such employees in the operation of the [YOUR COMPANY NAME] Stores. 3.5 The Merchandising and Marketing Manual, as adopted by [YOUR COMPANY NAME] and modified from time to time, and the policies contained therein are incorporated herein by reference. 4. ADVERTISING AND SIGNS 4.1 The Merchandiser acknowledges the advantages to the [YOUR COMPANY NAME] Stores of a centrally administered advertising and promotion policy. [YOUR COMPANY NAME] may, from time to time, engage the services of advertising specialists to formulate advertising programs for the [YOUR COMPANY NAME] Stores
