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Agency Agreement for Austria

Agency Agreement Template for Austria

An Agency Agreement governed by Austrian law establishes a legal relationship between a principal and an agent, where the agent is authorized to negotiate and/or conclude contracts on behalf of the principal within a specified territory. The agreement complies with the Austrian Commercial Code (UGB) and the EU Commercial Agents Directive, covering essential elements such as commission structures, agent obligations, territorial rights, and termination provisions. It includes specific protections mandated by Austrian law, including mandatory notice periods and potential compensation claims upon termination.

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What is a Agency Agreement?

This Agency Agreement template is designed for use under Austrian law when a business (principal) wishes to appoint an agent to promote their products or services and facilitate sales within a defined territory. The document incorporates requirements from both the Austrian Commercial Code (UGB) and the EU Commercial Agents Directive, ensuring compliance with mandatory provisions regarding agent protection, commission rights, and termination compensation. The agreement is particularly useful for companies expanding their market presence through commercial agents rather than direct employees, and includes comprehensive provisions for commission structures, performance expectations, reporting requirements, and post-termination obligations. It's essential for businesses operating in Austria or engaging Austrian agents, as it provides the necessary legal framework while allowing for customization based on specific commercial arrangements.

What sections should be included in a Agency Agreement?

1. Parties: Identification of the Principal and Agent with full legal names and registered addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Agent's Rights and Obligations: Detailed responsibilities including promotion, reporting, and compliance with laws

6. Principal's Rights and Obligations: Principal's commitments including information provision and support

7. Commission Structure: Calculation method, payment terms, and conditions for commission

8. Intellectual Property: Usage rights and restrictions regarding trademarks and other IP

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration, renewal terms, and termination provisions including notice periods

11. Post-Termination: Obligations after termination including compensation claims and return of materials

12. General Provisions: Standard clauses including governing law, notices, and entire agreement

What sections are optional to include in a Agency Agreement?

1. Non-Competition: Restrictions on agent's activities during and after the agreement, used when protecting market position is crucial

2. Performance Targets: Specific sales or performance goals, included when measuring agent's performance is important

3. Marketing and Advertising: Specific provisions for marketing activities and cost sharing, used when agent has significant marketing responsibilities

4. Training Requirements: Details of required training programs, included when product/service complexity demands specific knowledge

5. Sub-Agents: Terms for appointing sub-agents, used when sub-agency arrangements are permitted

6. Data Protection: GDPR compliance provisions, included when personal data processing is involved

7. Insurance Requirements: Specific insurance coverage requirements, used in high-risk or regulated industries

What schedules should be included in a Agency Agreement?

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

2. Schedule 2 - Territory: Detailed description of geographical territory or customer segments

3. Schedule 3 - Commission Rates: Detailed commission structure, calculations, and examples

4. Schedule 4 - Reporting Templates: Standard forms for regular reporting requirements

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions





































Clauses



































Relevant Industries

Manufacturing

Retail

Technology

Financial Services

Industrial Products

Consumer Goods

Pharmaceuticals

Software and IT

Professional Services

Real Estate

Insurance

Telecommunications

Relevant Teams

Legal

Sales

Business Development

Commercial

Compliance

Operations

Finance

Executive Leadership

Contract Administration

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Channel Manager

Chief Commercial Officer

Regional Sales Manager

Compliance Officer

General Counsel

Managing Director

Chief Executive Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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