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Commission Agreement Between Seller And Agent
"I need a Commission Agreement Between Seller And Agent for my software company based in Vienna, appointing an exclusive sales agent to represent our products in Germany and Switzerland, with a planned start date of March 1, 2025, including specific provisions for SaaS product licensing and recurring commission structures."
1. Parties: Identification and details of the Principal (Seller) and the Commercial Agent
2. Background: Context of the agreement and general business relationship between the parties
3. Definitions: Key terms used throughout the agreement, including products, territory, and commission-related definitions
4. Appointment and Scope: Formal appointment of the agent, exclusivity status, and territorial scope of the agency
5. Agent's Rights and Obligations: Detailed responsibilities including promotion of sales, reporting requirements, and customer service obligations
6. Principal's Rights and Obligations: Principal's duties including providing product information, marketing materials, and support
7. Commission Structure: Detailed commission rates, calculation methods, and payment terms
8. Intellectual Property: Usage rights and restrictions regarding the Principal's trademarks and marketing materials
9. Confidentiality: Protection of business secrets and confidential information
10. Term and Termination: Duration of agreement, notice periods, and grounds for termination as per Austrian law
11. Post-Termination Provisions: Obligations after termination including handover of materials and compensation claims
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Non-Compete Clause: Restrictions on agent's activities during and after the agreement (include only if specifically agreed and compliant with Austrian law)
2. Performance Targets: Specific sales targets and consequences of not meeting them (optional but recommended for performance-based relationships)
3. Sub-Agents: Terms for appointment and management of sub-agents (if allowed by the principal)
4. Insurance Requirements: Specific insurance coverage requirements for the agent (if required by nature of business)
5. Data Protection: Detailed GDPR compliance measures (required if personal data processing is involved)
6. Marketing and Advertising: Specific requirements for marketing activities and cost sharing (if applicable)
7. Training Requirements: Specific training obligations and cost allocation (if required for product knowledge)
1. Schedule 1 - Products: Detailed list of products or services covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas
3. Schedule 3 - Commission Rates: Detailed commission structure including special rates and conditions
4. Schedule 4 - Reporting Templates: Standard forms for regular reporting and commission calculations
5. Schedule 5 - Customer List: List of existing customers and any special arrangements
6. Appendix A - Marketing Guidelines: Guidelines for use of Principal's branding and marketing materials
7. Appendix B - Code of Conduct: Business conduct guidelines and compliance requirements
Authors
Manufacturing
Wholesale Trade
Retail
Software and Technology
Industrial Equipment
Consumer Goods
Fashion and Accessories
Construction Materials
Medical Devices
Automotive
Chemical Products
Food and Beverage
Professional Services
Telecommunications
Legal
Sales Operations
Commercial Operations
Business Development
Compliance
Finance
Contract Administration
Sales
Channel Management
Executive Leadership
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Chief Commercial Officer
Regional Sales Manager
Agency Relations Manager
Compliance Officer
Business Owner
Managing Director
Sales Representative
Commission Administrator
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