A Marketing Representation Agreement is essential when a company (principal) wishes to engage an external party to represent and market their products or services in specific territories within or outside Germany. This document, governed by German law, particularly the German Commercial Code (HGB), establishes the framework for the commercial relationship, defining crucial elements such as territory rights, compensation structures, performance expectations, and compliance requirements. It's particularly important in the German market where commercial representative relationships are heavily regulated, requiring specific provisions for commission calculations, notice periods, and post-contractual obligations. The agreement must comply with both German national law and EU regulations, especially regarding competition law and data protection (GDPR).
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the Principal and Marketing Representative with full legal names and addresses
2. Background: Context of the agreement and brief description of parties' businesses and intention to enter into a marketing representation arrangement
3. Definitions: Key terms used throughout the agreement, including Territory, Products/Services, Marketing Materials, etc.
4. Appointment and Scope: Terms of appointment, whether exclusive or non-exclusive, and detailed scope of marketing representation
5. Territory and Market: Definition of geographical area and/or market segments where representative is authorized to operate
6. Representatives Obligations: Detailed responsibilities including promotion methods, reporting requirements, and performance standards
7. Principals Obligations: Support, materials, and information to be provided by the principal
8. Compensation: Commission structure, payment terms, and calculation methods in compliance with German commercial law
9. Intellectual Property: Usage rights and restrictions regarding trademarks, marketing materials, and other IP
10. Confidentiality: Protection of business secrets and confidential information
11. Data Protection: GDPR compliance measures and data handling requirements
12. Term and Termination: Duration, renewal terms, and termination provisions including mandatory notice periods under German law
13. Post-Termination: Obligations after termination including commission entitlements and handover requirements
14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on representing competing products/services during and after the agreement term - optional based on business needs and must comply with German competition law
2. Performance Targets: Specific sales or marketing targets - include when performance metrics are crucial to the relationship
3. Marketing Budget: Details of marketing spend and cost sharing - relevant when representative has spending authority
4. Sub-Representatives: Terms for appointing sub-representatives - include when sub-delegation is permitted
5. Insurance: Required insurance coverage - important for high-value representations or regulated industries
6. Compliance with Industry Regulations: Specific regulatory requirements - include for regulated industries
7. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID
8. Training and Support: Detailed training obligations - relevant for complex products or services
1. Schedule 1 - Territory Description: Detailed description of geographical territories and/or market segments
2. Schedule 2 - Products/Services: Comprehensive list of products/services covered by the agreement
3. Schedule 3 - Commission Structure: Detailed commission rates, calculation methods, and examples
4. Schedule 4 - Marketing Guidelines: Brand guidelines and approved marketing practices
5. Schedule 5 - Reporting Templates: Required formats for activity and performance reporting
6. Schedule 6 - Service Level Agreement: Specific performance metrics and standards
7. Appendix A - Approved Marketing Materials: List of pre-approved marketing materials and content
8. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and procedures
Find the exact document you need
Marketing Representation Agreement
German law-governed agreement establishing terms for marketing representation services, including territorial rights and compensation structure.
Download
Employment Contract For Marketing Manager
German law-compliant employment contract template for Marketing Manager positions, incorporating essential labor law requirements and marketing-specific provisions.
Download
Joint Marketing Agreement
A German law-governed agreement establishing terms for collaborative marketing activities between parties, including brand usage, responsibilities, and compliance requirements.
Download
Marketing Manager Contract
German-law compliant employment contract template for Marketing Manager positions, incorporating essential terms and marketing-specific provisions.
Download
Cross Promotion Agreement
A German law-governed agreement establishing terms for collaborative marketing activities between parties, ensuring compliance with German advertising and competition regulations.
Download
Comarketing Agreement
A German law-governed agreement establishing terms for collaborative marketing activities between parties, ensuring compliance with German marketing and competition regulations.
Download
Advertising Sales Contract
A German law-governed contract regulating advertising sales arrangements between service providers and clients, ensuring compliance with German advertising and data protection regulations.
Download
Marketing Sales Agreement
German law-governed agreement establishing terms for marketing and sales services between a provider and client, including service scope, compensation, and compliance requirements.
Download
Marketing Rights Agreement
A German law-governed agreement establishing marketing rights and responsibilities between parties, incorporating German marketing and advertising regulations.
Download
Marketing Commission Agreement
German law-governed agreement establishing commission-based marketing arrangements between a company and marketing agent, with defined services and compensation terms.
Download
Cooperative Marketing Agreement
A German law-governed agreement establishing terms for collaborative marketing activities between parties, including resource sharing, brand usage, and regulatory compliance.
Download
Advertising Sales Agreement
German law-governed agreement for advertising services provision, outlining terms, conditions, and regulatory compliance requirements.
Download
Social Media Marketing Agreement
A German law-governed agreement for social media marketing services, establishing terms between marketing agencies and clients while ensuring compliance with German and EU regulations.
Download
Contract For Marketing Services
German law-governed agreement establishing terms for marketing services provision, including scope, deliverables, and compliance requirements.
Download
Advertising Service Agreement
German law-governed agreement for advertising services, outlining service scope, obligations, and compliance with German advertising regulations.
Download
Marketing Partnership Agreement
A German law-governed agreement establishing terms and conditions for marketing partnerships, including promotional activities, brand usage, and compliance requirements.
Download
Digital Agency Contract
A German law-governed contract for digital agency services, establishing terms for digital project delivery and ongoing services.
Download
Digital Marketing Contract
A German law-governed contract for digital marketing services, covering online marketing activities and compliance with German data protection and advertising regulations.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)