Agency Partnership Agreement Template for Denmark

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Key Requirements PROMPT example:

Agency Partnership Agreement

I need an Agency Partnership Agreement under Danish law for a technology software company appointing an agent partner in Copenhagen who will exclusively sell our cloud services in Denmark and Sweden, with a custom profit-sharing structure and specific performance targets to be achieved by March 2025.

What is a Agency Partnership Agreement?

The Agency Partnership Agreement serves as a specialized contractual framework for businesses seeking to establish a commercial presence in Denmark or expand their operations through a hybrid agency-partnership model. This document type is particularly relevant when a principal company wishes to create a stronger, more integrated relationship with their agent than a standard agency agreement would provide, while maintaining certain controls and brand consistency. The agreement must comply with Danish law, particularly the Commercial Agents Act and Partnership Act, while addressing specific commercial requirements such as territory rights, commission structures, and operational procedures. It's commonly used when companies want to incentivize agents through profit sharing and greater involvement in the business while maintaining the principal-agent relationship's core elements. The document includes detailed provisions for both the agency aspects (such as commission and territory) and partnership elements (such as profit sharing and joint decision-making), making it more comprehensive than standard agency agreements.

What sections should be included in a Agency Partnership Agreement?

1. Parties: Identification and details of the Principal and Agent Partner, including business registration numbers (CVR)

2. Background: Context of the agreement, relationship background, and general business purpose

3. Definitions: Key terms used throughout the agreement, including specific Danish legal terms

4. Appointment and Scope: Terms of agent appointment, territory, and products/services covered

5. Duration and Termination: Agreement term, renewal provisions, and termination conditions as per Danish law

6. Agent's Rights and Obligations: Core responsibilities, representation authority, and conduct requirements

7. Principal's Rights and Obligations: Support, information provision, and operational responsibilities

8. Commission and Payment Terms: Commission structure, calculation methods, payment timing, and reporting

9. Partnership Provisions: Specific terms regarding the partnership structure, profit sharing, and mutual obligations

10. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP during the agency

11. Confidentiality: Protection of business secrets and confidential information

12. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term

13. Liability and Indemnification: Responsibility allocation and insurance requirements

14. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution

15. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Agency Partnership Agreement?

1. Minimum Performance Requirements: Include when specific sales targets or performance metrics are required

2. Sub-Agents: Include when the agent may appoint sub-agents

3. Training and Support: Include when specific training obligations exist

4. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

5. Data Protection: Include when personal data processing is involved (GDPR compliance)

6. Force Majeure: Include when specific force majeure provisions are needed beyond standard Danish law

7. Bank Guarantee: Include when financial security is required from either party

8. Stock Holding: Include when the agent will maintain inventory

9. Compliance with Anti-Corruption Laws: Include for international operations or specific compliance requirements

What schedules should be included in a Agency Partnership Agreement?

1. Schedule 1 - Territory Description: Detailed description of geographical territory and any exclusivity provisions

2. Schedule 2 - Products/Services: Complete list of products/services covered by the agency

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

4. Schedule 4 - Reporting Templates: Standard forms for sales reports and commission calculations

5. Schedule 5 - Operating Procedures: Detailed procedures for order processing, customer service, etc.

6. Schedule 6 - Marketing Guidelines: Brand guidelines and marketing requirements

7. Schedule 7 - Key Performance Indicators: Specific metrics and evaluation criteria

8. Appendix A - Contact Details: Key contact persons and communication protocols

9. Appendix B - Insurance Requirements: Detailed insurance coverage requirements

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

Industrial Equipment

Consumer Goods

Technology and Software

Professional Services

Pharmaceuticals and Healthcare

Fashion and Apparel

Building Materials

Agricultural Products

Automotive

Financial Services

Telecommunications

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Compliance

Finance

Channel Management

Partner Relations

Contract Administration

Relevant Roles

Commercial Director

Business Development Manager

Sales Director

Legal Counsel

Contract Manager

Partnership Manager

Agency Relations Manager

Chief Commercial Officer

Managing Director

Regional Sales Manager

Distribution Manager

Channel Manager

Compliance Officer

Operations Director

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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