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Salesperson Independent Contractor Agreement Template for Belgium

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Key Requirements PROMPT example:

Salesperson Independent Contractor Agreement

"I need a Salesperson Independent Contractor Agreement under Belgian law for our software company expanding into Benelux, covering multiple sales territories and including specific SaaS product commission structures, starting March 2025."

Document background
The Salesperson Independent Contractor Agreement is essential for businesses operating in Belgium that engage independent sales representatives rather than employed salespeople. This document is particularly crucial as Belgian law makes important distinctions between employees and independent contractors, with specific regulations governing commercial agency relationships. The agreement helps ensure proper classification of the sales relationship while protecting both parties' interests through clear terms on commissions, territories, and obligations. It includes provisions required by Belgian commercial law and EU regulations, particularly regarding notice periods, commission calculations, and data protection. The document is structured to avoid potential misclassification risks while providing a comprehensive framework for successful sales partnerships.
Suggested Sections

1. Parties: Identification of the company and the independent sales contractor, including full legal names, addresses, and registration numbers

2. Background: Context of the agreement, establishing the company's business, the contractor's expertise, and their intention to enter into an independent contractor relationship

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Products', 'Commissions', and 'Customers'

4. Appointment and Scope: Formal appointment of the contractor, scope of authority, and explicit statement of independent contractor status

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party, including notice periods as per Belgian law

6. Independent Contractor Status: Detailed provisions establishing the independent nature of the relationship, contractor's autonomy, and disclaimer of employment relationship

7. Services and Obligations: Detailed description of services to be provided, performance standards, and reporting requirements

8. Territory and Exclusivity: Definition of geographical territory and any exclusivity rights, in compliance with Belgian competition law

9. Commission Structure: Detailed commission calculation methods, payment terms, and conditions for earning commissions

10. Intellectual Property and Confidentiality: Protection of company IP, confidential information, and trade secrets

11. Data Protection: GDPR compliance requirements and data handling obligations

12. Non-Compete and Non-Solicitation: Post-termination restrictions, carefully drafted to comply with Belgian law limitations

13. Indemnification and Liability: Mutual indemnification provisions and limitation of liability clauses

14. Insurance: Required insurance coverage to be maintained by the contractor

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

16. General Provisions: Standard boilerplate clauses including force majeure, severability, and entire agreement

Optional Sections

1. International Sales: Additional provisions for contractors operating across borders, including export compliance and international payment terms

2. Industry-Specific Compliance: Special compliance requirements for regulated industries (e.g., financial services, healthcare)

3. Sub-Contractors: Terms governing the contractor's ability to engage sub-contractors, if permitted

4. Training and Support: Company's obligations regarding product training and sales support, if applicable

5. Marketing and Advertising: Rules regarding the contractor's use of company branding and marketing materials

6. Equipment and Resources: Provisions regarding any company-provided equipment or resources

7. Performance Targets: Specific sales targets and consequences of meeting or missing them

8. Customer Service Standards: Required customer service levels and after-sales support obligations

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment schedules

2. Schedule 2 - Territory Definition: Detailed description of geographical territory, including maps or postal codes if applicable

3. Schedule 3 - Product List: List of products or services the contractor is authorized to sell

4. Schedule 4 - Reporting Requirements: Templates and specifications for required sales reports and documentation

5. Schedule 5 - Performance Metrics: Detailed performance standards and evaluation criteria

6. Schedule 6 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

7. Appendix A - Data Protection Requirements: Detailed GDPR compliance requirements and procedures

8. Appendix B - Compliance Procedures: Step-by-step procedures for regulatory compliance and reporting

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

Retail

Manufacturing

Technology

Professional Services

Consumer Goods

Industrial Equipment

Software and SaaS

Pharmaceuticals

Financial Services

Telecommunications

Construction Materials

Electronics

Automotive

Medical Devices

Relevant Teams

Legal

Human Resources

Sales Operations

Compliance

Finance

Commercial Operations

Business Development

Contract Administration

Risk Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Sales Operations Manager

Legal Counsel

HR Director

Compliance Officer

Contract Manager

Sales Representative

Account Executive

Territory Manager

Regional Sales Manager

Independent Sales Agent

Commission-based Sales Representative

Channel Sales 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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