This NDA Commission Agreement is designed for use in the German market where a company (principal) wishes to engage a commercial agent while ensuring proper protection of confidential information. The document is particularly suitable for businesses expanding their sales operations through agents or representatives in Germany, combining the requirements of the German Commercial Code (HGB) for commission arrangements with comprehensive confidentiality provisions. It addresses key aspects such as commission calculation, territory rights, performance expectations, and the protection of trade secrets, making it essential for both domestic and international companies operating in the German market. The agreement includes specific provisions required under German law regarding commercial agency relationships and data protection requirements.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company registration details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Commission', 'Services', and 'Territory'
4. Appointment and Scope: Terms of the commercial agent's appointment, territory, and products/services covered
5. Commission Structure: Detailed commission calculations, payment terms, and conditions for earning commission
6. Confidentiality Obligations: Core NDA provisions, including scope of confidential information and protection measures
7. Duration and Use of Confidential Information: Permitted uses of confidential information and duration of confidentiality obligations
8. Agent's Obligations: Key responsibilities, reporting requirements, and performance standards
9. Principal's Obligations: Support, information, and resources to be provided to the agent
10. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term
11. Term and Termination: Duration, renewal, and termination provisions including notice periods
12. Post-Termination: Obligations and rights after agreement termination, including commission on pending transactions
13. Data Protection: GDPR compliance and data handling requirements
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Sub-Agents: Include when the agent may appoint sub-agents, specifying conditions and approval processes
2. Minimum Performance Requirements: Include when setting specific sales targets or performance metrics
3. Marketing and Promotion: Include when the agent has specific marketing responsibilities
4. Insurance Requirements: Include when specific insurance coverage is required
5. Intellectual Property Rights: Include when the agent will handle branded materials or create new IP
6. Training and Support: Include when specific training or support programs are provided
7. Stock Handling: Include when the agent will handle physical inventory
8. Return of Products: Include when dealing with physical products and return processes
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services
2. Territory Definition: Detailed description of geographical areas or market segments covered
3. Products and Services: Comprehensive list of products/services covered by the agreement
4. Reporting Templates: Standard forms for regular activity and sales reporting
5. Confidential Information Categories: Detailed classification of different types of confidential information
6. Data Processing Agreement: GDPR-compliant data processing terms and conditions
7. Performance Metrics: Detailed KPIs and measurement criteria if applicable
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