Exclusive Agency Agreement Template for Austria

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Key Requirements PROMPT example:

Exclusive Agency Agreement

"I need an Exclusive Agency Agreement under Austrian law for appointing a commercial agent to distribute our medical devices in Vienna and Lower Austria, with specific provisions for handling regulatory compliance and minimum quarterly sales targets, starting March 2025."

Document background
The Exclusive Agency Agreement is essential for businesses seeking to establish dedicated sales or distribution channels in specific territories within or related to Austria. This document type is particularly crucial when a principal company wants to grant exclusive rights to an agent to represent their products or services, ensuring territorial protection and clear operational parameters. The agreement must comply with Austrian law, particularly the Handelsvertretergesetz (HVertrG), which provides specific protections for commercial agents. It typically includes detailed provisions on commission structures, performance expectations, termination rights, and post-termination obligations. This document is commonly used in international trade relationships where companies seek to expand their market presence through local representatives while maintaining control over their brand and market strategy.
Suggested Sections

1. Parties: Identification and details of the Principal and the Agent

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of the exclusive appointment and territorial scope

5. Duration and Termination: Term of agreement, renewal provisions, and termination rights compliant with HVertrG

6. Agent's Rights and Obligations: Core duties, reporting requirements, and performance standards

7. Principal's Rights and Obligations: Support, information provision, and cooperation requirements

8. Exclusivity Provisions: Terms of exclusivity, including territorial restrictions and non-compete obligations

9. Commission Structure: Commission rates, calculation methods, and payment terms

10. Intellectual Property: Usage rights for trademarks, logos, and other IP during the agency

11. Confidentiality: Protection of business secrets and confidential information

12. Data Protection: GDPR compliance and data handling requirements

13. Post-Termination Provisions: Obligations and restrictions after agreement end

14. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution

Optional Sections

1. Performance Targets: Specific sales or performance goals, used when minimum performance levels are required

2. Sub-Agents: Terms for appointing sub-agents, if permitted

3. Insurance Requirements: Specific insurance obligations, relevant for high-risk sectors

4. Marketing and Promotion: Specific marketing obligations and cost sharing, if applicable

5. Training Requirements: Mandatory training provisions, important for technical products

6. Stock Handling: Terms for handling inventory, if agent maintains stock

7. Customer Service Standards: Detailed service level requirements, important for customer-facing roles

8. Force Majeure: Provisions for unforeseen circumstances affecting performance

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description of the exclusive territory

2. Schedule 2 - Products/Services: Comprehensive list of products or services covered by the agreement

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations and special rates

4. Schedule 4 - Reporting Templates: Standard forms for regular reporting requirements

5. Schedule 5 - KPIs and Targets: Detailed performance metrics and evaluation criteria

6. Schedule 6 - Operating Procedures: Specific operational requirements and procedures

7. Appendix A - Approved Marketing Materials: Pre-approved marketing materials and guidelines

8. Appendix B - Contact Details: Key contact information for both parties

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

Manufacturing

Retail

Technology

Industrial Equipment

Consumer Goods

Pharmaceutical

Automotive

Fashion and Luxury

Software and IT

Professional Services

Construction Materials

Medical Devices

Agricultural Products

Chemical Products

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Compliance

Distribution

Channel Management

Contract Administration

International Business

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contract Manager

Chief Commercial Officer

Distribution Manager

Regional Sales Manager

Managing Director

Operations Director

Compliance Officer

Agency Relations Manager

Territory Manager

Channel Partner Manager

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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