This Commission Agreement template is designed for use under Austrian law when establishing a formal commercial relationship between a principal and a commission agent. The document is particularly relevant when a business wants to expand its sales reach through commission-based representatives without establishing direct employment relationships. The agreement incorporates requirements from the Austrian Commercial Code (UGB), the Commercial Agents Act (HVertrG), and relevant EU regulations, making it suitable for both domestic and cross-border arrangements. It includes comprehensive provisions for commission calculations, payment terms, territorial rights, performance standards, and termination conditions, while ensuring compliance with Austrian legal requirements regarding commercial agency relationships.
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1. Parties: Identification and details of the Principal and Commission Agent
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the agent and definition of territory/market
5. Commission Structure: Details of commission rates, calculation methods, and payment terms
6. Rights and Obligations of the Agent: Core responsibilities, reporting requirements, and performance standards
7. Rights and Obligations of the Principal: Principal's commitments, support obligations, and information provision requirements
8. Term and Termination: Duration of agreement and circumstances for termination
9. Confidentiality: Protection of business secrets and confidential information
10. Non-Competition: Restrictions during and after the agreement term
11. Intellectual Property: Usage rights and protection of trademarks and other IP
12. Liability and Indemnification: Scope of liability and indemnification obligations
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution
14. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Insurance Requirements: Specific insurance obligations when dealing with high-value products or services
2. Data Protection: GDPR compliance terms when personal data processing is involved
3. Marketing and Promotion: Specific terms for marketing activities when agent has promotional responsibilities
4. Training Requirements: Training obligations when product/service requires specific expertise
5. Stock Requirements: Stock holding terms when agent needs to maintain inventory
6. Sub-Agents: Terms for appointment of sub-agents when allowed
7. Force Majeure: Provisions for unforeseen circumstances affecting performance
8. Anti-Corruption: Compliance requirements for regulated industries or international business
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates by product/service type
2. Schedule 2 - Territory: Detailed description of geographical territory or market segment
3. Schedule 3 - Products/Services: List and specifications of products/services covered by the agreement
4. Schedule 4 - Reporting Templates: Standard forms for regular reporting requirements
5. Schedule 5 - Performance Targets: Specific KPIs and performance metrics
6. Appendix A - Principal's Policies: Relevant company policies the agent must comply with
7. Appendix B - Technical Requirements: Technical specifications or systems requirements if applicable
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Financial Services
Real Estate
Insurance
Technology
Pharmaceuticals
Automotive
Consumer Goods
Industrial Equipment
Telecommunications
Professional Services
Energy
Agriculture
Relevant Teams
Legal
Sales
Business Development
Commercial Operations
Compliance
Finance
Contract Administration
Channel Management
Executive Leadership
Risk Management
Relevant Roles
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Agency Relations Manager
Chief Commercial Officer
Sales Representative
Commission Agent
Regional Sales Manager
Compliance Officer
General Counsel
Chief Executive Officer
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