Non Exclusive Representation Agreement Template for Austria

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Key Requirements PROMPT example:

Non Exclusive Representation Agreement

"I need a Non-Exclusive Representation Agreement under Austrian law for appointing multiple sales representatives across EU countries to sell our software products, with a commission structure of 10% on net sales and quarterly performance reviews starting March 2025."

Document background
This Non-Exclusive Representation Agreement is designed for use under Austrian law when a business (Principal) wishes to appoint a Representative to promote or sell their products/services while maintaining the flexibility to work with other representatives or conduct direct sales. The document is particularly relevant in situations where exclusive representation is not desired or practical, such as entering new markets or expanding distribution channels. It comprehensively addresses key aspects including territory definitions, commission structures, reporting requirements, and compliance with Austrian commercial laws. The agreement ensures both parties understand their rights and obligations while maintaining compliance with relevant Austrian legislation, including the ABGB (Civil Code), UGB (Commercial Code), and where applicable, the Commercial Agents Act (Handelsvertretergesetz).
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment, non-exclusive nature, and detailed scope of representation

5. Territory: Geographical areas where the Representative is authorized to act

6. Representatives Obligations: Core duties, reporting requirements, and performance standards

7. Principals Obligations: Support, information, and materials to be provided by the Principal

8. Commission Structure: Calculation method, payment terms, and conditions for commission

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

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Governing Law and Jurisdiction: Austrian law application and dispute resolution procedures

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

Optional Sections

1. Intellectual Property Rights: Used when the representation involves licensing or use of trademarks, logos, or other IP

2. Non-Compete Provisions: Include when restricting Representative's ability to represent competing products/services

3. Marketing and Promotion: Added when Representative has specific marketing responsibilities

4. Training Requirements: Include when Principal must provide specific training to Representative

5. Insurance Requirements: Used when specific insurance coverage is required

6. Minimum Performance Targets: Include when setting specific sales or performance goals

7. Post-Termination Obligations: Added when specific post-termination duties or restrictions apply

8. Compliance with Industry Regulations: Include for regulated industries or specific compliance requirements

Suggested Schedules

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the representation

2. Schedule 2 - Commission Rates: Detailed commission structure, rates, and calculation examples

3. Schedule 3 - Territory Definition: Detailed description of geographical territories including any exclusions

4. Schedule 4 - Reporting Templates: Standard forms for activity reporting and commission calculations

5. Schedule 5 - Service Level Agreement: Specific performance metrics and service standards

6. Appendix A - Principal's Branding Guidelines: Guidelines for use of Principal's trademarks and marketing materials

7. Appendix B - 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

Manufacturing

Retail

Technology

Professional Services

Consumer Goods

Industrial Products

Software and IT

Pharmaceuticals

Financial Services

Telecommunications

Real Estate

Construction

Automotive

Energy

Healthcare

Relevant Teams

Legal

Sales

Business Development

Commercial

Compliance

Operations

Finance

Contract Administration

International Business

Partner Relations

Relevant Roles

Sales Director

Business Development Manager

Commercial Director

Legal Counsel

Contract Manager

Sales Representative

Channel Manager

Regional Sales Manager

Chief Commercial Officer

Distribution Manager

Partnership Manager

Account Executive

General Counsel

Chief Executive Officer

Managing Director

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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