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Commission Agreement Between Seller And Agent Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Commission Agreement Between Seller And Agent is a crucial legal document used when a business (principal) wishes to appoint an independent commercial agent to promote and sell their products or services in a specified territory under Austrian law. This agreement type is specifically regulated by the Austrian Commercial Agents Act (Handelsvertretergesetz) and must comply with EU Directive 86/653/EEC. It is particularly important for businesses expanding their sales operations through external representatives, defining critical aspects such as commission calculations, territory rights, performance expectations, and termination conditions. The document should be carefully drafted to ensure it meets all statutory requirements while providing clear guidelines for the business relationship.
Suggested Sections

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

Optional Sections

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)

Suggested Schedules

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

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

Relevant legal definitions








































Clauses


































Relevant Industries

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

Relevant Teams

Legal

Sales Operations

Commercial Operations

Business Development

Compliance

Finance

Contract Administration

Sales

Channel Management

Executive Leadership

Relevant Roles

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

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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