Sole Agency Agreement Template for Austria

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Key Requirements PROMPT example:

Sole Agency Agreement

"I need a Sole Agency Agreement for appointing an exclusive sales agent to represent my pharmaceutical products in Austria and Germany, with a specific focus on commission structure for hospital sales and a three-year term starting March 1, 2025."

Document background
The Sole Agency Agreement is a critical commercial contract used when a business (principal) wishes to appoint an exclusive commercial agent to represent their interests in a specific territory under Austrian law. This document is essential for businesses expanding their market presence through authorized representatives while maintaining control over their commercial relationships. The agreement comprehensively addresses all aspects required under the Austrian Handelsvertretergesetz, including commission structures, territory definitions, performance requirements, and termination provisions. It's particularly important for companies seeking to establish a structured sales network while ensuring legal compliance and protecting their commercial interests. The Sole Agency Agreement should be used when the principal wants to grant exclusive rights to an agent, ensuring they are the only authorized representative within a defined territory or for specific products/services.
Suggested Sections

1. Parties: Identification of the Principal and the Agent with full legal names 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 Scope: Establishment of the exclusive agency relationship and detailed scope of the agent's authority

5. Territory: Definition of the geographical area where the agent is authorized to act

6. Agent's Rights and Obligations: Detailed listing of the agent's responsibilities, duties, and rights

7. Principal's Rights and Obligations: Detailed listing of the principal's responsibilities, duties, and rights

8. Commission and Payment Terms: Structure of commission, calculation method, payment terms, and reporting requirements

9. Duration and Termination: Term of the agreement, renewal provisions, and termination circumstances

10. Post-Termination Provisions: Obligations and rights after termination, including commission on pending transactions

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with GDPR and Austrian data protection laws

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. Entire Agreement: Integration clause confirming the agreement represents the complete understanding between parties

Optional Sections

1. Non-Compete Clause: Restrictions on agent's competitive activities during and after the agreement - optional as per specific business needs and must comply with Austrian competition law

2. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP - include if the agent will be using the principal's IP

3. Insurance Requirements: Specific insurance obligations for the agent - include if required by industry or risk profile

4. Bank Guarantee: Requirements for bank guarantees or other financial security - include if financial safeguards are needed

5. Sub-Agents: Provisions regarding the appointment of sub-agents - include if sub-agents might be necessary

6. Force Majeure: Provisions for unforeseen circumstances preventing performance - optional but recommended

7. Marketing and Promotion: Specific requirements for marketing activities - include if agent will conduct marketing

8. Training Requirements: Provisions for mandatory training - include if specific training is required

Suggested Schedules

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

2. Schedule 2 - Commission Structure: Detailed commission calculations, rates, and examples

3. Schedule 3 - Territory Map: Detailed map or description of the exclusive territory

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

5. Schedule 5 - KPIs: Key Performance Indicators and minimum performance requirements

6. Appendix A - Principal's Policies: Relevant company policies the agent must comply with

7. Appendix B - Brand Guidelines: Guidelines for use of Principal's branding and marketing materials

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

Real Estate

Insurance

Financial Services

Technology

Pharmaceutical

Industrial Equipment

Consumer Goods

Automotive

Energy

Agricultural Products

Professional Services

Telecommunications

Relevant Teams

Legal

Sales

Commercial

Business Development

Compliance

Operations

Finance

Contract Administration

Risk Management

International Business

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Territory Manager

Channel Manager

Agency Relations Manager

Commercial Agent

Sales Representative

Business Owner

Managing Director

Chief Commercial Officer

Compliance Officer

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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