Non Exclusive Representation Agreement Template for Belgium

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Key Requirements PROMPT example:

Non Exclusive Representation Agreement

"I need a Non-Exclusive Representation Agreement for appointing a sales representative in Belgium for our medical devices business, with a focus on ensuring GDPR compliance and including quarterly performance targets starting from March 2025."

Document background
The Non Exclusive Representation Agreement is a crucial document for businesses operating in Belgium who wish to appoint representatives while maintaining flexibility in their distribution strategy. This agreement type is particularly relevant in today's dynamic market environment where companies need multiple channels to reach their customers. The document complies with Belgian commercial law and EU regulations, particularly the Commercial Agency Law of 13 April 1995, while providing a framework for defining representation rights, commission structures, and operational parameters. It's commonly used when a company wants to test new markets, maintain direct sales alongside representative relationships, or work with multiple agents in the same territory. The non-exclusive nature of the agreement provides strategic advantages while requiring careful drafting to manage potential conflicts and ensure clear understanding of all parties' rights and obligations.
Suggested Sections

1. Parties: Identification and details of the Principal and Representative

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and clear definition of non-exclusive nature

5. Territory and Products/Services: Geographical scope and specific products/services covered

6. Representative's Rights and Obligations: Detailed responsibilities and authority of the representative

7. Principal's Rights and Obligations: Obligations and commitments of the principal

8. Commission and Payment Terms: Commission structure, calculation method, and payment conditions

9. Term and Termination: Duration of agreement and termination provisions

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: IP rights and usage permissions

12. Data Protection: GDPR compliance and data handling requirements

13. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution

14. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Non-Compete: Restrictions on competing activities, optional based on business needs and jurisdiction requirements

2. Performance Targets: Specific sales or performance goals, included when metrics-based evaluation is desired

3. Training and Support: Details of training and support provided by principal, included for complex products/services

4. Insurance Requirements: Specific insurance obligations, included for high-risk activities

5. Marketing and Promotion: Guidelines for marketing activities, included when representative handles promotion

6. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions, essential for international operations

7. Force Majeure: Extended force majeure provisions, recommended for international agreements

8. Assignment and Subcontracting: Rights to assign or subcontract, included when relevant to business model

Suggested Schedules

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

2. Schedule 2 - Territory: Detailed description of geographical territory and any exclusions

3. Schedule 3 - Commission Structure: Detailed commission calculations, rates, and special conditions

4. Schedule 4 - Reporting Requirements: Templates and timing for required reports

5. Schedule 5 - Key Performance Indicators: Detailed performance metrics and evaluation criteria

6. Appendix A - Standard Operating Procedures: Detailed procedures for day-to-day operations

7. Appendix B - Compliance Guidelines: Specific compliance requirements and procedures

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

Technology

Consumer Goods

Professional Services

Industrial Equipment

Software and IT

Fashion and Apparel

Medical Devices

Chemical Products

Construction Materials

Automotive

Electronics

Food and Beverage

Telecommunications

Financial Services

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

International Operations

Contract Administration

Partner Relations

Distribution

Corporate Affairs

Relevant Roles

Sales Director

Business Development Manager

Commercial Director

Legal Counsel

Contracts Manager

Chief Commercial Officer

Sales Operations Manager

Channel Manager

Regional Sales Manager

Chief Executive Officer

Managing Director

Head of Partnerships

Distribution Manager

Agency Relations Manager

International Business Manager

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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