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Sub Agency Agreement
"I need a Sub Agency Agreement under Austrian law for appointing a local sales representative to sell our software products in Salzburg, with exclusive territory rights and a commission structure of 15% on all sales, planned to commence from March 1, 2025."
1. Parties: Identification of the principal agent and sub-agent, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including reference to the main agency agreement and reason for appointing a sub-agent
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, territory, products/services covered, and exclusivity provisions
5. Authority and Limitations: Extent and limitations of sub-agent's authority to act on behalf of the principal agent
6. Duties and Obligations: Specific responsibilities of the sub-agent, including reporting requirements and compliance with laws
7. Commission Structure: Details of commission calculations, payment terms, and conditions for earning commission
8. Intellectual Property Rights: Usage rights and restrictions regarding trademarks, logos, and other IP
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling requirements
11. Term and Termination: Duration of agreement, renewal terms, and termination provisions including notice periods
12. Post-Termination Obligations: Obligations after termination, including handover of materials and restrictions
13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Non-Compete Clause: Restrictions on competing activities during and after the agreement - include when protecting market position is crucial
2. Performance Targets: Specific sales or performance targets - include when minimum performance levels are required
3. Training and Support: Details of training and support provided - include when significant product knowledge is required
4. Insurance Requirements: Specific insurance coverage requirements - include when high-value products or services are involved
5. Marketing and Promotion: Guidelines for marketing activities - include when sub-agent will conduct marketing
6. Sub-delegation: Rights to appoint further sub-agents - include when multiple tiers of agency may be needed
7. Force Majeure: Provisions for unforeseen circumstances - include when long-term or high-value relationship
8. Compliance with Industry Regulations: Specific industry compliance requirements - include for regulated industries
1. Schedule 1 - Territory Definition: Detailed description of geographical territory or market segment
2. Schedule 2 - Products and Services: Comprehensive list of products/services covered by the agreement
3. Schedule 3 - Commission Rates: Detailed commission structure, calculations, and examples
4. Schedule 4 - Reporting Requirements: Templates and timing for regular reports
5. Schedule 5 - Operating Procedures: Detailed procedures for day-to-day operations
6. Appendix A - Main Agency Agreement: Copy of or relevant excerpts from the main agency agreement
7. Appendix B - Brand Guidelines: Guidelines for use of trademarks and marketing materials
Authors
Principal Company
Principal Agent
Sub-Agent
Territory
Products
Services
Commission
Net Sales Value
Intellectual Property Rights
Confidential Information
Trade Secrets
Main Agency Agreement
Commencement Date
Initial Term
Business Day
Customers
Prospective Customers
Sales Target
Quarter
Year
Force Majeure Event
Group Company
Marketing Materials
Personal Data
Purchase Order
Sales Report
Term
Termination Date
Working Hours
Applicable Laws
Authorizations
Competing Products
Good Industry Practice
Handelsvertretergesetz
Intellectual Property
Operating Procedures
Performance Criteria
Reference Period
Renewal Term
Sub-Territory
Trade Marks
Authority
Territory Rights
Exclusivity
Duration
Commission
Payment Terms
Performance Requirements
Reporting Obligations
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Termination
Force Majeure
Assignment
Warranties
Indemnification
Insurance
Compliance
Record Keeping
Audit Rights
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Training and Support
Marketing and Promotion
Sub-Delegation
Post-Termination Obligations
Good Faith
Relationship of Parties
Manufacturing
Retail
Insurance
Real Estate
Financial Services
Technology
Pharmaceuticals
Automotive
Consumer Goods
Industrial Equipment
Software and IT
Telecommunications
Professional Services
Travel and Tourism
Legal
Sales
Business Development
Compliance
Operations
Commercial
Distribution
Partner Management
Account Management
Risk Management
Contract Administration
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Distribution Manager
Agency Relations Manager
Compliance Officer
Regional Sales Manager
Partner Manager
Account Executive
Sales Representative
Business Development Director
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