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Commercial Agency Agreement
"I need a Commercial Agency Agreement for appointing an exclusive agent to sell our industrial machinery in Austria and Germany, with quarterly performance targets and a minimum sales requirement of €2M for 2025."
1. Parties: Identification of the Principal and the Commercial Agent, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and their intention to enter into a commercial agency relationship
3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Customers, etc.
4. Appointment and Scope: Terms of agent's appointment, exclusivity/non-exclusivity, and territorial scope
5. Agent's Rights and Obligations: Detailed description of agent's duties, responsibilities, and authority limits
6. Principal's Rights and Obligations: Principal's commitments, support obligations, and information provision requirements
7. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission entitlement
8. Reporting and Accounting: Requirements for sales reporting, commission statements, and record-keeping
9. Intellectual Property: Usage rights and restrictions regarding principal's trademarks, logos, and other IP
10. Confidentiality: Obligations regarding confidential information protection
11. Term and Termination: Duration of agreement, notice periods, and grounds for termination
12. Post-Termination: Obligations after termination, including compensation claims and return of materials
13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Minimum Performance Requirements: Used when specific sales targets or performance metrics are required
2. Sub-Agents: Include when the agent is permitted to appoint sub-agents
3. Non-Compete: Post-termination restrictions on agent's activities, subject to Austrian law limitations
4. Marketing and Promotion: Include when agent has specific marketing responsibilities
5. Training Requirements: Used when specific training obligations exist for either party
6. Insurance: Include when specific insurance requirements are needed
7. Data Protection: Detailed GDPR compliance provisions when personal data processing is involved
8. Force Majeure: Include when specific force majeure provisions beyond standard law are needed
9. Customer Service Standards: Include when specific customer service levels are required
1. Schedule 1 - Products: Detailed list of products/services covered by the agency agreement
2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Reporting Templates: Standard forms for sales reports and commission calculations
5. Schedule 5 - Principal's Trademarks: List of trademarks and usage guidelines
6. Appendix A - Customer List: List of existing customers and any special arrangements
7. Appendix B - Sales Targets: Detailed performance targets if applicable
8. Appendix C - Operating Procedures: Detailed operational procedures and requirements
Authors
Applicable Laws
Business Day
Commission
Competing Products
Confidential Information
Customers
Effective Date
Force Majeure Event
Good Reason
Intellectual Property Rights
Minimum Performance Requirements
Net Sales Price
Order
Principal
Principal's Business
Products
Prospective Customer
Quarter
Report
Sales Target
Services
Sub-Agent
Term
Territory
Trade Secrets
Trademarks
Working Hours
Year
Del Credere Commission
Handelsvertreter
Operating Procedures
Performance Period
Reporting Period
Special Commission
Termination Date
Valid Order
Territory
Exclusivity
Authority
Agency Duties
Principal's Duties
Commission
Payment Terms
Performance Requirements
Reporting
Training
Marketing
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Record Keeping
Audit Rights
Customer Relations
Sub-Agents
Product Requirements
Quality Control
Insurance
Indemnification
Liability
Force Majeure
Term
Termination
Post-Termination Obligations
Compensation Claims
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Manufacturing
Wholesale Trade
Retail
Technology
Software
Industrial Equipment
Consumer Goods
Pharmaceuticals
Automotive
Fashion and Apparel
Electronics
Construction Materials
Medical Devices
Agricultural Products
Financial Services
Legal
Sales
Commercial
Business Development
Compliance
Operations
Finance
International Trade
Contract Administration
Channel Management
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Chief Commercial Officer
Regional Sales Manager
Export Manager
Distribution Manager
Agency Relationship Manager
Compliance Officer
Chief Legal Officer
Sales Administrator
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