The Non-Exclusive Agency Agreement is essential for businesses seeking to expand their market presence in Belgium and potentially other territories through commercial agents while maintaining flexibility in their distribution strategy. This document is particularly relevant when a principal wishes to appoint an agent without granting exclusive rights, thereby preserving the ability to engage multiple agents or direct sales channels. The agreement must comply with Belgian commercial agency laws, which provide significant protections for agents, including mandatory provisions regarding notice periods, commission calculations, and post-termination compensation. It typically includes detailed sections on territory definition, commission structures, performance expectations, and reporting requirements, while ensuring compliance with both Belgian and EU competition laws. This type of agreement is commonly used in cross-border commercial relationships and must carefully balance the principal's business objectives with the protective framework of Belgian agency law.
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1. Parties: Identification and details of the Principal and Agent, including registration numbers and registered offices
2. Background: Context of the agreement and brief description of the parties' businesses and intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of agent's appointment, territory, and non-exclusive nature of the relationship
5. Agent's Rights and Obligations: Detailed responsibilities of the agent, including reporting requirements and performance standards
6. Principal's Rights and Obligations: Principal's commitments, including information provision and support to the agent
7. Commission Structure: Calculation and payment terms for commission, including timing and reporting
8. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP during the agency relationship
9. Confidentiality: Protection of confidential information exchanged during the relationship
10. Duration and Termination: Term of agreement, notice periods, and grounds for termination as per Belgian law
11. Post-Termination: Obligations after termination, including compensation and handover requirements
12. General Provisions: Standard clauses including notices, amendments, and governing law
1. Performance Targets: Specific sales or performance targets, used when the principal wants to set measurable objectives
2. Training Requirements: Detailed training obligations, included when specific product knowledge or certification is required
3. Sub-Agents: Terms for appointing sub-agents, included if the agent may need to delegate responsibilities
4. Marketing and Promotion: Specific marketing obligations and cost-sharing arrangements, used when marketing is a key component
5. Data Protection: GDPR compliance clauses, required when personal data processing is involved
6. Non-Compete: Post-termination competition restrictions, subject to Belgian law limitations
7. Insurance Requirements: Specific insurance obligations, included for high-risk products or services
1. Schedule 1 - Territory: Detailed description of the geographical territory covered by the agreement
2. Schedule 2 - Products/Services: List of products or services covered by the agency agreement
3. Schedule 3 - Commission Rates: Detailed commission structure, calculations, and examples
4. Schedule 4 - Reporting Templates: Standard forms for regular reporting and commission calculations
5. Schedule 5 - Service Level Requirements: Detailed performance standards and metrics
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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