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International Agency Agreement Template for Austria

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Key Requirements PROMPT example:

International Agency Agreement

"I need an International Agency Agreement under Austrian law for appointing an exclusive agent to sell our industrial machinery in Germany and Switzerland, with a minimum sales target of 鈧2M annually and commission rate of 8%, starting March 2025."

Document background
The International Agency Agreement is essential for businesses expanding their market presence through independent agents in foreign territories. This agreement type is particularly relevant when companies seek to establish commercial relationships without setting up their own local entities. Under Austrian law, these agreements must comply with the stringent requirements of the Handelsvertretergesetz, which implements EU Directive 86/653/EEC and provides significant protections for commercial agents. The document covers crucial aspects such as territory definition, commission structures, performance requirements, and mandatory agent protections. It's specifically designed to address cross-border commercial relationships while ensuring compliance with both Austrian and EU regulations, including GDPR requirements for data processing and transfer. The agreement is particularly important as it must balance the principal's business interests with the statutory rights of commercial agents under Austrian law, especially regarding post-termination compensation.
Suggested Sections

1. Parties: Identification of Principal and Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, nature of the Principal's business, and purpose of appointing the Agent

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Appointment and Territory: Scope of Agent's appointment, designated territory, and whether exclusive or non-exclusive

5. Agent's Rights and Obligations: Core duties, performance standards, reporting requirements, and compliance obligations

6. Principal's Rights and Obligations: Support to be provided, information sharing, and training obligations

7. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission entitlement

8. Intellectual Property: Usage rights for Principal's trademarks, trade names, and other IP in the Territory

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration, renewal provisions, and grounds for termination

11. Post-Termination: Rights and obligations after termination, including compensation claims under Austrian law

12. Data Protection: GDPR compliance and data processing obligations

13. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Minimum Performance Requirements: Specific sales targets or KPIs, used when Principal wants to set measurable performance standards

2. Sub-Agents: Rules for appointment of sub-agents, needed if Agent is permitted to appoint sub-agents

3. Product Training: Detailed training requirements, relevant for technical or complex products

4. Marketing and Promotion: Marketing obligations and cost sharing, important for agents with promotional responsibilities

5. Stock Holding: Terms for maintaining inventory, needed if Agent will hold stock

6. Customer Support: After-sales service obligations, relevant for technical products or ongoing customer relationships

7. Non-Compete: Post-termination restrictions, subject to Austrian law limitations

8. Insurance: Insurance requirements, important for high-value products or significant liability risks

9. Compliance with Trade Controls: Export control compliance, necessary for regulated products or sanctioned countries

Suggested Schedules

1. Products and Services: Detailed list of products/services the Agent is authorized to promote

2. Commission Rates and Calculations: Detailed commission structure, including any variations by product or customer

3. Territory Description: Detailed definition of geographical territory and any excluded accounts

4. Reporting Templates: Standard forms for activity reports and commission calculations

5. Trademark Usage Guidelines: Rules and format for using Principal's trademarks and branding

6. Minimum Performance Targets: Specific KPIs and evaluation criteria if applicable

7. Required Documentation: Templates for order forms, compliance certificates, and other required paperwork

8. Data Processing Agreement: GDPR-compliant data processing terms and procedures

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

Industrial Equipment

Consumer Goods

Technology

Pharmaceuticals

Automotive

Chemical

Medical Devices

Software and IT

Machinery

Electronics

Fashion and Luxury Goods

Construction Materials

Agricultural Products

Professional Services

Relevant Teams

Legal

Sales

Business Development

Compliance

Commercial

International Operations

Contract Administration

Export

Finance

Risk Management

Relevant Roles

Legal Counsel

Commercial Director

Sales Director

Business Development Manager

International Sales Manager

Compliance Officer

Contract Manager

Chief Commercial Officer

Export Manager

Regional Sales Director

General Counsel

Managing Director

Head of Distribution

Sales Operations Manager

International Business Manager

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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