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International Agency Agreement
"I need an International Agency Agreement under Austrian law for appointing an exclusive agent to sell our industrial machinery in Germany and Switzerland, with a minimum sales target of €2M annually and commission rate of 8%, starting March 2025."
1. Parties: Identification of Principal and Agent, including full legal names, registration details, and addresses
2. Background: Context of the agreement, nature of the Principal's business, and purpose of appointing the Agent
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Territory: Scope of Agent's appointment, designated territory, and whether exclusive or non-exclusive
5. Agent's Rights and Obligations: Core duties, performance standards, reporting requirements, and compliance obligations
6. Principal's Rights and Obligations: Support to be provided, information sharing, and training obligations
7. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission entitlement
8. Intellectual Property: Usage rights for Principal's trademarks, trade names, and other IP in the Territory
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration, renewal provisions, and grounds for termination
11. Post-Termination: Rights and obligations after termination, including compensation claims under Austrian law
12. Data Protection: GDPR compliance and data processing obligations
13. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Minimum Performance Requirements: Specific sales targets or KPIs, used when Principal wants to set measurable performance standards
2. Sub-Agents: Rules for appointment of sub-agents, needed if Agent is permitted to appoint sub-agents
3. Product Training: Detailed training requirements, relevant for technical or complex products
4. Marketing and Promotion: Marketing obligations and cost sharing, important for agents with promotional responsibilities
5. Stock Holding: Terms for maintaining inventory, needed if Agent will hold stock
6. Customer Support: After-sales service obligations, relevant for technical products or ongoing customer relationships
7. Non-Compete: Post-termination restrictions, subject to Austrian law limitations
8. Insurance: Insurance requirements, important for high-value products or significant liability risks
9. Compliance with Trade Controls: Export control compliance, necessary for regulated products or sanctioned countries
1. Products and Services: Detailed list of products/services the Agent is authorized to promote
2. Commission Rates and Calculations: Detailed commission structure, including any variations by product or customer
3. Territory Description: Detailed definition of geographical territory and any excluded accounts
4. Reporting Templates: Standard forms for activity reports and commission calculations
5. Trademark Usage Guidelines: Rules and format for using Principal's trademarks and branding
6. Minimum Performance Targets: Specific KPIs and evaluation criteria if applicable
7. Required Documentation: Templates for order forms, compliance certificates, and other required paperwork
8. Data Processing Agreement: GDPR-compliant data processing terms and procedures
Authors
Agent
Applicable Laws
Business Day
Commencement Date
Commissioned Sales
Commissions
Confidential Information
Customers
Data Protection Laws
Effective Date
EU
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Minimum Performance Requirements
Net Sales Value
Order
Personal Data
Principal
Products
Principal's Marks
Prospective Customer
Quarter
Report
Services
Sub-Agent
Term
Territory
Trade Controls
Working Hours
Territory
Exclusivity
Agent Obligations
Principal Obligations
Commission
Performance Requirements
Reporting
Training
Marketing
Intellectual Property
Confidentiality
Data Protection
Non-Compete
Non-Solicitation
Compliance
Anti-Corruption
Trade Controls
Force Majeure
Insurance
Limitation of Liability
Indemnification
Term
Termination
Post-Termination Rights
Governing Law
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Costs
Counterparts
Manufacturing
Industrial Equipment
Consumer Goods
Technology
Pharmaceuticals
Automotive
Chemical
Medical Devices
Software and IT
Machinery
Electronics
Fashion and Luxury Goods
Construction Materials
Agricultural Products
Professional Services
Legal
Sales
Business Development
Compliance
Commercial
International Operations
Contract Administration
Export
Finance
Risk Management
Legal Counsel
Commercial Director
Sales Director
Business Development Manager
International Sales Manager
Compliance Officer
Contract Manager
Chief Commercial Officer
Export Manager
Regional Sales Director
General Counsel
Managing Director
Head of Distribution
Sales Operations Manager
International Business Manager
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