Sales Agent Agreement Template for Austria

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Key Requirements PROMPT example:

Sales Agent Agreement

"I need a Sales Agent Agreement under Austrian law for appointing an agent to sell our industrial machinery products exclusively in Tyrol and Vorarlberg regions, starting March 2025, with strict confidentiality provisions and the ability to appoint sub-agents."

Document background
This Sales Agent Agreement template is designed for use in the Austrian market, where commercial agency relationships are primarily governed by the Handelsvertretergesetz (Commercial Agents Act) and influenced by EU regulations. It is typically used when a company (principal) wants to engage an independent sales agent to promote and sell its products or services in a defined territory without creating an employment relationship. The document comprehensively covers essential aspects such as commission structures, territorial rights, performance expectations, and termination provisions, while ensuring compliance with mandatory Austrian legal requirements regarding agent protection, notice periods, and post-termination compensation. This template is particularly valuable for companies expanding their sales operations in Austria through indirect sales channels, providing a legally compliant framework for managing agent relationships.
Suggested Sections

1. Parties: Identification of the Principal and the Sales Agent, including full legal names, registration details, and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Formal appointment of the agent and definition of the geographical territory

5. Products and Services: Description of the products or services the agent is authorized to sell

6. Rights and Obligations of the Agent: Detailed responsibilities including promotion, reporting, and compliance requirements

7. Rights and Obligations of the Principal: Principal's duties including information provision, support, and product supply

8. Commission Structure: Detailed commission rates, calculation methods, and payment terms

9. Intellectual Property Rights: Usage rights and restrictions regarding the principal's trademarks and materials

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Term and Termination: Duration of agreement and termination provisions including notice periods

12. Post-Termination Provisions: Obligations after termination including compensation claims and return of materials

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Compete Clause: Restrictions on agent's competitive activities during and after the agreement - optional but common, subject to Austrian competition law restrictions

2. Performance Targets: Specific sales targets or KPIs - include when performance measurement is crucial

3. Sub-Agents: Terms for appointment and management of sub-agents - include if sub-agents are permitted

4. Insurance Requirements: Specific insurance obligations for the agent - include for high-risk products or services

5. Data Protection: GDPR compliance provisions - required if personal data processing is involved

6. Marketing and Advertising: Specific requirements for marketing activities - include if agent has significant marketing responsibilities

7. Training Requirements: Mandatory training programs - include for technical products or regulated industries

8. Stock Handling: Terms for handling inventory - include if agent will maintain product stock

Suggested Schedules

1. Schedule 1 - Product List: Detailed list of products/services covered by the agreement

2. Schedule 2 - Commission Rates: Detailed commission structure including any variations by product or customer type

3. Schedule 3 - Territory Definition: Detailed description or map of the assigned territory

4. Schedule 4 - Reporting Templates: Standard forms for regular activity and sales reporting

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement methods

6. Appendix A - Principal's Trademarks: List of trademarks and usage guidelines

7. Appendix B - Confidential Information: Detailed definition of what constitutes confidential information

8. Appendix C - Operating Procedures: Detailed operational guidelines 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

Consumer Goods

Industrial Equipment

Technology and Software

Pharmaceuticals

Fashion and Apparel

Automotive

Construction Materials

Medical Devices

Professional Services

Telecommunications

Financial Services

Insurance

Food and Beverage

Chemical Products

Relevant Teams

Legal

Sales Operations

Commercial

Business Development

Compliance

Contract Administration

Channel Management

Sales Administration

Distribution

International Trade

Risk Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Channel Manager

Territory Manager

Chief Commercial Officer

Compliance Officer

Sales Administration Manager

Regional Sales Manager

Agency Relations Manager

Distribution Manager

Commercial Operations 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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