Sole Agency Agreement

Sole Agency Agreement Template for Belgium

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Key Requirements PROMPT example:

"I need a Sole Agency Agreement under Belgian law for appointing an exclusive agent to sell our pharmaceutical products in the Walloon region, with a three-year term starting from January 2025 and including specific provisions for regulatory compliance in the healthcare sector."

Document background

The Sole Agency Agreement is a crucial document for businesses operating in Belgium who wish to appoint an exclusive commercial agent to represent their interests in a specific territory. This agreement type is governed by the Belgian Law on Commercial Agency Agreements of 1995, which implements EU Directive 86/653/EEC, providing strong protective measures for commercial agents. The document is typically used when a company wants to ensure dedicated representation in a particular market while maintaining control over their distribution strategy. It includes essential provisions for commission calculations, territory definitions, performance expectations, and mandatory requirements regarding notice periods and post-termination compensation. The agreement must comply with both Belgian national law and EU regulations, particularly regarding agent protection and termination rights.

Suggested Sections

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

2. Background: Context of the agreement, including brief description of the Principal's business and the purpose of appointing an exclusive agent

3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Products', 'Customers', 'Commission', and other relevant terms

4. Appointment and Scope: Express appointment of the agent as sole agent, defining exclusivity terms and territorial scope

5. Duration and Termination: Term of the agreement (fixed or indefinite) and termination provisions in compliance with Belgian law

6. Agent's Rights and Obligations: Detailed description of agent's duties, reporting requirements, and performance standards

7. Principal's Rights and Obligations: Principal's commitments, support obligations, and information provision requirements

8. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission entitlement

9. Intellectual Property: Usage rights and restrictions regarding the Principal's trademarks and other IP

10. Confidentiality: Provisions protecting confidential information and trade secrets

11. Post-Termination Provisions: Including indemnity or compensation requirements under Belgian law, and return of materials

12. Governing Law and Jurisdiction: Explicit reference to Belgian law and competent courts

Optional Sections

1. Non-Compete Clause: Optional restrictions on agent's activities during and after the agreement, subject to Belgian law limitations

2. Performance Targets: Specific sales or performance goals, if applicable to the relationship

3. Training and Support: Details of training and support provided by the Principal, if extensive support is part of the relationship

4. Insurance Requirements: Specific insurance obligations for the agent, if required for the particular industry

5. Data Protection: GDPR compliance provisions, if personal data processing is involved

6. Sub-Agents: Provisions regarding the appointment of sub-agents, if permitted

7. Marketing and Promotion: Specific obligations regarding marketing activities and cost allocation

8. Force Majeure: Provisions for unforeseen circumstances affecting performance

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description or map of the exclusive territory

2. Schedule 2 - Products/Services: Complete list of products or services covered by the agency agreement

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type

4. Schedule 4 - Reporting Templates: Standard forms for regular activity reporting

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria if applicable

6. Appendix A - Operating Procedures: Detailed operational guidelines and procedures

7. Appendix B - Approved Marketing Materials: Templates or guidelines for marketing materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Distribution

Retail

Technology

Industrial Equipment

Consumer Goods

Pharmaceuticals

Automotive

Chemical

Fashion and Luxury Goods

Construction Materials

Food and Beverage

Software and IT

Medical Devices

Agricultural Products

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Contract Management

Distribution

International Business

Corporate Affairs

Compliance

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Manager

Managing Director

Chief Executive Officer

Chief Commercial Officer

Regional Sales Director

Distribution Manager

Agency Relations Manager

Commercial Agent

Business Owner

Operations Director

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Authors

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