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Sales Representative Agreement Template for Denmark

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Key Requirements PROMPT example:

Sales Representative Agreement

I need a Sales Representative Agreement for my Danish medical device company, appointing an exclusive sales representative for the Jutland region starting March 2025, with specific provisions for regulatory compliance and product training requirements.

What is a Sales Representative Agreement?

The Sales Representative Agreement is a crucial document used when a company (principal) wishes to engage an independent sales representative to promote and sell its products or services in Denmark. This agreement must comply with the Danish Commercial Agents Act, which implements EU Directive 86/653/EEC, and includes specific provisions regarding commission calculations, notice periods, and post-termination compensation. The document is essential for businesses expanding their sales operations through representatives rather than employed salespeople, providing clear guidelines on territory rights, performance expectations, commission structures, and mutual obligations. It addresses key aspects such as data protection under GDPR, competition law compliance, and intellectual property protection, while ensuring alignment with Danish business practices and legal requirements.

What sections should be included in a Sales Representative Agreement?

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

2. Background: Context of the agreement, brief description of the Principal's business, and purpose of appointing the Sales Representative

3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Customers, Commission, etc.

4. Appointment and Territory: Scope of appointment, exclusivity/non-exclusivity, and definition of the geographical territory

5. Rights and Obligations of the Sales Representative: Core duties, performance standards, reporting requirements, and compliance obligations

6. Rights and Obligations of the Principal: Principal's commitments, support to be provided, and information sharing obligations

7. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission eligibility

8. Sales Targets: Minimum performance requirements and sales targets, if any, and consequences of non-achievement

9. Intellectual Property: Usage rights for Principal's trademarks, logos, and other IP during the agreement term

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement, notice periods, and grounds for termination

12. Post-Termination: Obligations after termination, including handover of materials and final commission payments

13. Data Protection: GDPR compliance and data handling requirements

14. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices

What sections are optional to include in a Sales Representative Agreement?

1. Non-Compete: Restrictions on competing activities during and after the agreement term - optional but recommended for exclusive arrangements

2. Insurance: Requirements for professional liability insurance - relevant when dealing with high-value products or services

3. Sub-agents: Provisions regarding the appointment of sub-agents - needed if sub-agents are permitted

4. Marketing and Advertising: Specific requirements for marketing activities - relevant for representatives with marketing responsibilities

5. Product Training: Training requirements and procedures - important for technical or complex products

6. Minimum Stock Requirements: Stock holding obligations - relevant if the representative needs to maintain inventory

7. Customer Service: After-sales service obligations - relevant for products requiring ongoing support

8. Force Majeure: Provisions for unforeseen circumstances - recommended but not always essential

What schedules should be included in a Sales Representative Agreement?

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

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

3. Schedule 3 - Territory Description: Detailed description or map of the assigned territory

4. Schedule 4 - Sales Targets: Specific sales targets and measurement criteria

5. Schedule 5 - Reporting Templates: Standard forms for sales reports and other required documentation

6. Schedule 6 - Principal's Trademarks: List of trademarks and usage guidelines

7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if applicable

8. Appendix B - Marketing Guidelines: Specific guidelines for marketing and representation of products

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

Manufacturing

Wholesale Trade

Retail

Technology and Software

Industrial Equipment

Consumer Goods

Pharmaceuticals

Fashion and Apparel

Construction Materials

Professional Services

Food and Beverage

Automotive

Electronics

Medical Devices

Telecommunications

Relevant Teams

Sales

Legal

Commercial

Business Development

Compliance

Operations

Finance

Contract Administration

Regional Management

Channel Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Sales Operations Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Regional Sales Manager

Sales Representative

Territory Manager

Channel Manager

Chief Executive Officer

Compliance Officer

Sales Administration Manager

Account 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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