The Sales Agent Contract Agreement is a crucial document used to establish and formalize the relationship between a principal company and their sales representatives in Austria. This agreement is particularly important as it must comply with the strict requirements of the Austrian Handelsvertretergesetz (Commercial Agents Act) and related EU directives. The document is essential when a company wishes to engage independent sales agents to promote and sell their products or services without creating an employment relationship. It covers critical aspects such as territory allocation, commission structures, reporting requirements, and termination provisions, while ensuring compliance with mandatory Austrian legal requirements regarding commercial agency relationships. The agreement is designed to protect both the principal's business interests and the agent's statutory rights, including provisions for compensation claims upon termination as required by Austrian law.
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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 business relationship to be established
3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation
4. Appointment and Territory: Formal appointment of the agent and definition of the geographical territory or market segment
5. Products and Services: Description of the products or services the agent is authorized to sell or promote
6. Agent's Rights and Obligations: Detailed responsibilities including promotion, reporting, compliance with laws, and professional conduct
7. Principal's Rights and Obligations: Principal's commitments including information provision, support, and product supply
8. Commission Structure: Detailed commission calculations, payment terms, and conditions for earning commission
9. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and other IP
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Term and Termination: Duration of agreement, notice periods, and grounds for termination
12. Post-Termination Provisions: Obligations after contract end, including compensation claims and return of materials
13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Performance Targets: Specific sales targets and performance metrics, used when the principal wants to set concrete goals
2. Non-Compete Clause: Restrictions on competing activities, included when protecting market position is crucial
3. Sub-Agents: Rules for appointing sub-agents, needed when the agent may need to delegate
4. Insurance Requirements: Specific insurance obligations, included for high-risk products or services
5. Data Protection: Detailed GDPR compliance measures, required when personal data processing is involved
6. Training Requirements: Specific training obligations, included for technical or complex products
7. Marketing and Advertising: Specific rules for marketing activities, needed when agent has marketing responsibilities
1. Schedule 1 - Product List: Detailed list of products or services covered by the agreement
2. Schedule 2 - Commission Rates: Detailed commission structure, rates, and calculation methods
3. Schedule 3 - Territory Map: Detailed description or map of the assigned territory
4. Schedule 4 - Reporting Templates: Standard forms for sales reports and activity tracking
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria
6. Appendix A - Brand Guidelines: Guidelines for use of principal's branding and marketing materials
7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
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