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Sales Outsourcing Agreement

Sales Outsourcing Agreement Template for Germany

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Key Requirements PROMPT example:

Sales Outsourcing Agreement

"I need a Sales Outsourcing Agreement for my German software company to engage an external sales partner who will exclusively represent our cloud solutions in Bavaria and Baden-Württemberg, with specific performance targets and a tiered commission structure starting from March 2025."

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Document background
The Sales Outsourcing Agreement is essential for companies looking to expand their sales operations in Germany through external partners without establishing their own sales force. This document is particularly relevant when a company wants to leverage local expertise and existing market relationships while maintaining control over their sales strategy. The agreement must comply with German law, specifically the German Commercial Code (HGB), which provides strong protections for commercial agents, including mandatory notice periods and potential compensation claims upon termination (Ausgleichsanspruch under § 89b HGB). The document addresses critical aspects such as territory rights, commission structures, performance expectations, data protection under GDPR, and reporting requirements. It's commonly used when entering new markets, scaling sales operations, or restructuring sales channels in Germany.
Suggested Sections

1. Parties: Identification of the principal company and the sales outsourcing partner

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment, exclusivity status, and detailed scope of sales services

5. Territory and Products: Definition of geographical territory and products/services covered

6. Obligations of Sales Partner: Detailed responsibilities, performance standards, and reporting requirements

7. Obligations of Principal: Support, training, and materials to be provided by the principal company

8. Commission Structure: Calculation method, payment terms, and conditions for commission earnings

9. Intellectual Property Rights: Usage rights for trademarks, logos, and marketing materials

10. Data Protection and GDPR Compliance: Requirements for handling customer data and ensuring GDPR compliance

11. Confidentiality: Protection of business secrets and confidential information

12. Term and Termination: Duration, renewal terms, and termination provisions including mandatory notice periods under German law

13. Post-Termination Obligations: Obligations after contract end, including compensation claims under HGB

14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Non-Compete Obligations: Restrictions on competing activities during and after the agreement (optional but common for exclusive arrangements)

2. Minimum Performance Requirements: Specific sales targets and consequences of not meeting them (recommended for performance-based relationships)

3. Insurance Requirements: Specific insurance coverage requirements for the sales partner (relevant for high-value products or regulated industries)

4. Marketing and Promotion: Specific requirements for marketing activities and cost sharing (relevant when sales partner handles marketing)

5. Technical Integration: Requirements for integration with principal's systems (relevant for digital sales channels)

6. Compliance with Industry Regulations: Specific regulatory requirements (necessary for regulated industries)

Suggested Schedules

1. Schedule 1 - Products and Services: Detailed list of products/services covered by the agreement

2. Schedule 2 - Commission Rates: Detailed commission structure, including any variations by product or territory

3. Schedule 3 - Territory Description: Detailed description of geographical territories and any exclusions

4. Schedule 4 - Performance Metrics: Detailed KPIs and performance measurement criteria

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

6. Schedule 6 - Reporting Templates: Standard formats for sales reports and performance tracking

7. Appendix A - Training Requirements: Required training programs and certification requirements

8. Appendix B - Operating Procedures: Detailed operational procedures and guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Technology

Consumer Goods

Industrial Products

Software and SaaS

Healthcare

Automotive

Electronics

Telecommunications

Professional Services

Retail

Chemical Industry

Medical Devices

Construction Materials

Relevant Teams

Sales

Legal

Compliance

Business Development

Commercial Operations

Partner Management

Revenue Operations

Contract Management

International Business

Sales Operations

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Chief Revenue Officer

Sales Operations Manager

Channel Manager

Legal Counsel

Compliance Officer

Contract Manager

Chief Commercial Officer

Managing Director

Head of Sales

Regional Sales Manager

Partner Management Director

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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