The Sales Partnership Agreement is essential for businesses seeking to expand their sales channels through partnership arrangements in Austria and potentially other territories. This document is typically used when a company (the principal) wishes to engage another party (the sales partner) to promote and sell its products or services in specified markets. The agreement must comply with Austrian commercial law, particularly the provisions of the UGB and Handelsvertretergesetz, while also considering EU regulations. It contains detailed provisions on commission structures, sales territories, performance metrics, and compliance requirements. The document is crucial for establishing clear guidelines and expectations in the partnership, protecting both parties' interests, and ensuring compliance with relevant Austrian and EU legal frameworks. It's particularly important for international companies entering the Austrian market or Austrian companies expanding their sales networks.
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1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' businesses and their intention to enter into a sales partnership
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, territory, and scope of the sales partnership
5. Duration and Termination: Term of the agreement, renewal provisions, and termination rights
6. Rights and Obligations of the Principal: Principal's commitments, including product supply, pricing, and support
7. Rights and Obligations of the Partner: Partner's commitments, including sales targets, reporting, and market development
8. Commission Structure: Details of commission rates, calculation methods, and payment terms
9. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP during the partnership
10. Confidentiality: Provisions for handling confidential information
11. Data Protection: GDPR compliance and data handling requirements
12. Non-Competition: Competition restrictions during and after the agreement
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. Notices: Process and addresses for formal communications between parties
1. Minimum Purchase Requirements: Used when the agreement includes specific purchase quotas or targets
2. Marketing and Promotion: Include when parties share marketing responsibilities and costs
3. Training and Support: Required when the principal provides specific training programs or support services
4. Stock Requirements: Include when the partner must maintain minimum stock levels
5. Insurance: Used when specific insurance requirements are necessary
6. Bank Guarantee: Include when financial security is required from the partner
7. Audit Rights: Used when the principal requires rights to audit partner's sales records
8. Force Majeure: Include specific force majeure provisions beyond standard Austrian law
9. Assignment and Subcontracting: Include when transfer rights need to be specifically regulated
1. Schedule 1 - Products: Detailed list of products covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographical territory and any exclusions
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Sales Targets: Specific sales targets and evaluation criteria
5. Schedule 5 - Reporting Templates: Standard forms for regular sales reporting
6. Schedule 6 - Technical Requirements: Technical specifications or requirements for product handling
7. Schedule 7 - Brand Guidelines: Guidelines for use of principal's branding and marketing materials
8. Appendix A - Contact Details: Key contact persons and their details for both parties
9. Appendix B - Compliance Requirements: Specific compliance requirements and procedures
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