This Agency Agreement template is designed for use under Belgian law when a company (principal) wishes to appoint a commercial agent to represent them in specified territories or markets. The agreement incorporates mandatory provisions required by Belgian law, particularly the Law of 13 April 1995 on Commercial Agency Agreements, which provides significant protection for agents including specific termination notice periods and goodwill compensation rights. This document should be used when establishing new agency relationships or updating existing arrangements to ensure compliance with Belgian legal requirements. It covers essential aspects such as commission structures, territory definitions, reporting obligations, and post-termination arrangements, while allowing for customization based on specific commercial requirements and industry practices.
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1. Parties: Identification of the Principal and Agent with full legal details
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: Formal appointment of the agent and definition of territory and products/services covered
5. Agent's Rights and Obligations: Detailed description of agent's duties, responsibilities, and authority limits
6. Principal's Rights and Obligations: Principal's commitments, support obligations, and information provision requirements
7. Commission Structure: Detailed commission calculations, payment terms, and conditions for earning commission
8. Reporting and Accounting: Requirements for financial reporting, commission statements, and record-keeping
9. Intellectual Property: Usage rights and restrictions regarding principal's trademarks and materials
10. Confidentiality: Obligations regarding confidential information protection
11. Duration and Termination: Agreement term, notice periods, and termination provisions including mandatory compensation
12. Post-Termination: Obligations and rights after agreement termination, including handover requirements
13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions
1. Non-Compete Obligations: Restrictions on competitive activities during and after the agreement (include when protecting market position is crucial)
2. Performance Targets: Specific sales or performance objectives (include when minimum performance standards are required)
3. Sub-Agents: Provisions regarding the appointment and management of sub-agents (include when sub-agents are permitted)
4. Insurance: Insurance requirements and coverage obligations (include for high-risk activities or valuable products)
5. Data Protection: GDPR compliance and data processing terms (include when personal data is processed)
6. Force Majeure: Provisions for unforeseen circumstances affecting performance (include for long-term or high-value agreements)
7. Marketing and Promotion: Specific obligations regarding marketing activities (include when agent has marketing responsibilities)
1. Products/Services Schedule: Detailed list of products or services covered by the agency agreement
2. Commission Schedule: Detailed commission rates, calculation methods, and examples
3. Territory Schedule: Detailed description of geographical territory or customer segments
4. Reporting Templates: Standard forms for regular reporting and commission calculations
5. Marketing Guidelines: Principal's branding and marketing requirements
6. Service Level Agreement: Specific performance metrics and service standards
7. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Technology
Consumer Goods
Industrial Products
Financial Services
Professional Services
Real Estate
Pharmaceuticals
Software and IT
Telecommunications
Automotive
Fashion and Luxury Goods
Relevant Teams
Legal
Sales
Commercial Operations
Business Development
Compliance
Finance
Contract Administration
International Operations
Relevant Roles
Commercial Director
Sales Director
Business Development Manager
Legal Counsel
Contracts Manager
Sales Operations Manager
Channel Manager
Commercial Agent
Sales Representative
Chief Commercial Officer
General Counsel
Regional Sales Manager
Distribution Manager
Partner Manager
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