This Sales Consultant Contract is designed for use in the Austrian market when engaging independent sales professionals to represent a company's products or services. It provides a legally compliant framework under Austrian law for establishing and managing the relationship between a company and its sales consultants. The document addresses crucial aspects such as commission structures, territorial rights, performance metrics, and compliance with both Austrian and EU regulations. It's particularly valuable for companies expanding their sales force through independent contractors rather than employees, ensuring clear differentiation between employment and independent consultation. The contract includes specific provisions required by Austrian commercial law, including the Commercial Agency Act, while maintaining flexibility for adaptation to various industries and business models.
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1. Parties: Identification of the contracting parties - the company and the sales consultant
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Appointment of consultant and detailed description of services to be provided
5. Territory and Products: Defined geographical area and products/services the consultant is authorized to sell
6. Consultant's Obligations: Key responsibilities, reporting requirements, and performance standards
7. Company's Obligations: Support, materials, and information to be provided by the company
8. Commission Structure: Calculation method, payment terms, and conditions for commission earnings
9. Intellectual Property: Ownership and usage rights of company IP and materials
10. Confidentiality: Protection of business secrets and confidential information
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of agreement and termination provisions
13. Post-Termination: Obligations and restrictions after contract end
14. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Performance Targets: Specific sales targets and performance metrics - include when compensation is tied to specific goals
2. Non-Compete: Restrictions on competing activities - include when protecting market position is crucial
3. Training Requirements: Mandatory training and certification requirements - include for complex products or regulated industries
4. Expenses: Terms for reimbursement of business expenses - include when consultant may incur significant expenses
5. Insurance: Required insurance coverage - include when consultant activities carry significant risks
6. Sub-contractors: Rights and restrictions regarding use of sub-contractors - include when sub-contracting might be relevant
7. Marketing Guidelines: Rules for marketing and representation of company - include when consultant has significant customer-facing role
1. Commission Schedule: Detailed commission rates, calculation methods, and examples
2. Product List: List of products/services the consultant is authorized to sell
3. Territory Map: Detailed definition of geographical territory with maps if applicable
4. Reporting Templates: Standard forms for activity and sales reporting
5. Company Policies: Relevant company policies the consultant must comply with
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Code of Conduct: Company's code of conduct and ethical guidelines
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