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Agency And Distribution Agreement Template for Belgium

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Key Requirements PROMPT example:

Agency And Distribution Agreement

"I need an Agency and Distribution Agreement for my Belgian luxury skincare company to appoint an exclusive distributor in France and Germany, with specific requirements for maintaining product premium positioning and minimum annual purchase commitments starting March 2025."

Document background
The Agency And Distribution Agreement is a crucial commercial contract used when a business wishes to expand its market presence in Belgium or internationally through agents or distributors. This document is particularly significant under Belgian law, which provides some of the strongest protections for agents and distributors in Europe. The agreement must comply with mandatory provisions of Belgian legislation, including the Law of 1995 for agency relationships and the Law of 1961 for distribution agreements, which regulate notice periods, termination indemnities, and other key aspects of the relationship. The document typically includes detailed provisions on territory, exclusivity, performance requirements, commission structures, and both parties' obligations, while ensuring compliance with both Belgian and EU competition law requirements. It's essential for businesses establishing or formalizing their distribution networks in Belgium or using Belgian law as their governing law.
Suggested Sections

1. Parties: Identification of the principal/supplier and agent/distributor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and general business objectives

3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Products, and Commission/Margins

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope

5. Duration and Term: Initial term, renewal provisions, and termination notice periods as per Belgian law

6. Rights and Obligations of the Agent/Distributor: Detailed responsibilities, performance standards, and reporting requirements

7. Rights and Obligations of the Principal/Supplier: Support, product supply, and information provision obligations

8. Financial Terms: Commission/margin structure, payment terms, currency, and accounting obligations

9. Intellectual Property Rights: Usage rights for trademarks, brands, and other IP during the agreement

10. Confidentiality: Protection of confidential information and trade secrets

11. Termination: Grounds for termination, notice requirements, and consequences including mandatory indemnities under Belgian law

12. Post-Termination: Obligations after termination, including return of materials and ongoing confidentiality

13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

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

Optional Sections

1. Non-Compete Obligations: Used when parties want to restrict competitive activities during and after the agreement, subject to Belgian and EU competition law

2. Minimum Performance Requirements: Include when setting specific sales targets or performance metrics

3. Product Training and Support: Required for technical products or where specific product knowledge is essential

4. Marketing and Promotion: Include when specific marketing obligations or cooperative advertising are required

5. Insurance Requirements: Used when specific insurance coverage is required for high-value or high-risk products

6. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

7. Stock Requirements: Include for distribution agreements where minimum stock levels are required

8. Customer Service Standards: Used when specific customer service levels need to be maintained

9. Compliance with Laws: Include detailed compliance obligations for regulated industries or products

Suggested Schedules

1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications and prices

2. Schedule 2 - Territory: Detailed definition of geographical territory and any excluded areas

3. Schedule 3 - Commission Structure/Price Lists: Detailed commission calculations or pricing structures, including any variations by product or customer type

4. Schedule 4 - Performance Targets: Specific sales targets or other performance metrics

5. Schedule 5 - Technical Requirements: Technical specifications, quality standards, and compliance requirements

6. Schedule 6 - Reporting Templates: Standard forms for regular reporting and performance monitoring

7. Schedule 7 - Marketing Guidelines: Brand guidelines and marketing requirements

8. Appendix A - Standard Operating Procedures: Detailed procedures for order processing, returns, and customer service

9. Appendix B - Service Level Agreements: Specific service standards and response times

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

Consumer Goods

Industrial Products

Technology and Software

Pharmaceutical and Healthcare

Automotive

Electronics

Food and Beverage

Luxury Goods

Retail

Chemical Products

Machinery and Equipment

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Compliance

Finance

International Trade

Supply Chain

Contract Administration

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Distribution Manager

Channel Manager

Sales Operations Manager

Export Manager

Regional Sales Manager

General Counsel

Managing Director

Chief Executive Officer

Compliance Officer

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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