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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."
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
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
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
Applicable Laws
Business Day
Business Development Services
Commencement Date
Confidential Information
Commission
Competitor
Customer
Deliverables
Effective Date
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Lead
Marketing Materials
Net Sales
Opportunity
Performance Targets
Personal Data
Potential Customer
Products
Professional Standards
Prospect
Quarter
Reports
Services
Success Fee
Target Market
Term
Territory
Trade Secrets
Working Hours
Service Scope
Territory
Exclusivity
Performance Requirements
Compensation
Commission
Payment Terms
Reporting
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Representations and Warranties
Term
Termination
Force Majeure
Liability
Indemnification
Insurance
Assignment
Subcontracting
Notice
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Waiver
Third Party Rights
Compliance
Marketing Rights
Training and Support
Audit Rights
Technology
Professional Services
Manufacturing
Financial Services
Healthcare
Real Estate
Retail
Telecommunications
Energy
Construction
Automotive
Consumer Goods
Software and IT
Industrial Equipment
Consulting Services
Legal
Business Development
Sales
Commercial
Executive Leadership
Compliance
Operations
Strategy
Marketing
Contract Administration
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
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