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1. Parties: Identification of the contracting parties - the company (principal) and the sales consultant
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the sales consultant's duties, responsibilities, and authorized activities
5. Term and Termination: Duration of the agreement, notice periods, and grounds for termination in accordance with German law
6. Compensation and Commission Structure: Base compensation (if any), commission rates, calculation methods, and payment terms
7. Reporting and Performance Metrics: Requirements for activity reporting, sales reporting, and performance evaluation criteria
8. Territory and Customer Assignment: Defined geographical area and/or customer segments for the consultant's activities
9. Confidentiality: Protection of business secrets and confidential information
10. Intellectual Property Rights: Ownership and usage rights of business materials and created works
11. Data Protection: GDPR compliance and data handling requirements
12. Independent Contractor Status: Clear statement of the consultant's legal status and relationship with the company
13. Insurance and Liability: Required insurance coverage and limitation of liability provisions
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Non-Compete Obligations: Restrictions on competitive activities during and after the contract term - optional but common for high-level sales consultants
2. Equipment and Resources: Provisions regarding company-provided tools, equipment, or resources - relevant if the company provides specific tools
3. Training Requirements: Mandatory training or certification requirements - relevant for specialized products or services
4. Minimum Performance Requirements: Specific sales targets or performance metrics - useful for performance-based contracts
5. Expense Reimbursement: Terms for business expense reimbursement - relevant if travel or other expenses are expected
6. Sub-contractor Rights: Permission and conditions for engaging sub-contractors - relevant for larger operations
7. Social Security and Tax Obligations: Detailed provisions on social security and tax responsibilities - particularly important for borderline employee/contractor cases
1. Commission Structure Details: Detailed breakdown of commission rates, tiers, and calculation methods
2. Territory Map and Customer List: Detailed definition of geographical territory and/or assigned customer accounts
3. Sales Targets and Objectives: Specific performance metrics and sales goals
4. Reporting Templates: Standard forms and templates for required reports
5. Company Policies: Relevant company policies and procedures applicable to the consultant
6. Product/Service Price List: Current pricing and product/service details
7. Expense Policy: Detailed guidelines for expense claims and reimbursement procedures
Applicable Law
Business Day
Commission
Confidential Information
Customer
Data Protection Laws
Effective Date
Force Majeure
Intellectual Property Rights
Net Sales
Personal Data
Principal
Products
Prospect
Qualified Lead
Sales Target
Services
Territory
Term
Trade Secrets
Working Hours
Company Materials
Commission Period
Sales Report
Performance Metrics
Competing Business
Customer Database
Order
Payment Terms
Sales Documentation
Business Secrets
Handelsvertreter
Termination Date
Affiliate
Term
Services
Territory Assignment
Commission
Payment Terms
Performance Requirements
Reporting Obligations
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Independent Contractor Status
Compliance
Insurance
Liability
Indemnification
Force Majeure
Termination
Post-Termination Obligations
Notice
Assignment
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Representation and Warranties
Record Keeping
Training and Support
Expense Reimbursement
Company Property
Customer Relationships
Quality Standards
Technology
Manufacturing
Retail
Professional Services
Healthcare
Industrial Equipment
Consumer Goods
Software and IT
Telecommunications
Financial Services
Pharmaceutical
Automotive
Construction
Real Estate
Energy
Sales
Legal
Human Resources
Finance
Operations
Commercial
Business Development
Compliance
Contract Management
Procurement
Sales Director
Business Development Manager
Sales Operations Manager
Commercial Director
Sales Manager
Account Executive
Regional Sales Manager
Sales Representative
Business Development Consultant
Channel Sales Manager
Territory Manager
Key Account Manager
Sales Strategy Consultant
Market Development Manager
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