Business Development Agreement Template for Austria

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Key Requirements PROMPT example:

Business Development Agreement

"I need a Business Development Agreement under Austrian law for my software company engaging a business development consultant for expansion into DACH markets, with exclusive territory rights and performance-based compensation structure starting March 2025."

Document background
The Business Development Agreement is essential for companies seeking to expand their market presence or enter new markets through professional business development services. This document, governed by Austrian law, is typically used when a company engages external business development professionals or agencies to identify and pursue growth opportunities. The agreement covers crucial elements such as service scope, territorial rights, compensation structures, and performance metrics, while ensuring compliance with Austrian legal requirements, including the Commercial Code (UGB) and competition laws. It's particularly relevant for situations requiring formal documentation of business development relationships, whether for market expansion, client acquisition, or strategic partnership development. The document includes specific provisions for data protection, confidentiality, and intellectual property rights, making it suitable for various commercial relationships while maintaining compliance with Austrian legal standards.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers

2. Background: Context of the agreement, business relationship, and general objectives of the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of business development services

5. Rights and Obligations: Detailed responsibilities and rights of both parties

6. Territory and Exclusivity: Geographic scope of services and any exclusivity arrangements

7. Performance Targets: Specific business development goals and metrics

8. Compensation and Payment Terms: Fee structure, payment schedule, and commission arrangements

9. Term and Termination: Duration of the agreement and termination provisions

10. Intellectual Property Rights: Protection and usage of IP during business development activities

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with GDPR and Austrian Data Protection Act

13. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

14. Representation and Warranties: Standard warranties and representations by both parties

15. Liability and Indemnification: Limitation of liability and indemnification provisions

16. Force Majeure: Provisions for unforeseen circumstances and their handling

17. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

18. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Marketing and Branding: Guidelines for use of trademarks and marketing materials, included when business developer will be representing the company's brand

2. Training and Support: Details of training and support provided, included when significant product or service knowledge is required

3. Reporting Requirements: Specific reporting structures and frequencies, included for more complex relationships requiring detailed oversight

4. Success Fees: Additional compensation for achieving specific milestones, included when performance-based incentives are part of the arrangement

5. Compliance Requirements: Specific regulatory compliance obligations, included for heavily regulated industries

6. Insurance Requirements: Specific insurance coverage requirements, included when services involve significant risk

7. Subcontracting: Terms for engaging subcontractors, included when subcontracting might be necessary

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of business development services to be provided

2. Schedule 2 - Territory Definition: Detailed description of geographic territories and any exclusions

3. Schedule 3 - Compensation Structure: Detailed fee calculations, commission rates, and payment terms

4. Schedule 4 - Performance Metrics: Specific KPIs and performance measurement criteria

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Appendix A - Contact Details: Key contact persons and their details for both parties

7. Appendix B - Reporting Templates: Standard templates for required reports and updates

8. Appendix C - Compliance Procedures: Detailed compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Real Estate

Retail

Telecommunications

Energy

Construction

Automotive

Consumer Goods

Software and IT

Industrial Equipment

Consulting Services

Relevant Teams

Legal

Business Development

Sales

Commercial

Executive Leadership

Compliance

Operations

Strategy

Marketing

Contract Administration

Relevant Roles

Business Development Manager

Chief Executive Officer

Commercial Director

Sales Director

Managing Director

Legal Counsel

Contract Manager

Chief Commercial Officer

Business Development Representative

Strategic Partnerships Manager

Market Development Manager

Growth Manager

Account Executive

Chief Operating Officer

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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