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Exclusive Representative Agreement Template for Ireland

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Key Requirements PROMPT example:

Exclusive Representative Agreement

"I need an Exclusive Representative Agreement for appointing a sales agent to represent my medical device company in Ireland, with a 3-year term starting January 2025 and including strict performance targets and regulatory compliance requirements."

Document background
The Exclusive Representative Agreement is essential for businesses seeking to establish exclusive commercial relationships in specific territories. This document is commonly used when a company (the principal) wants to grant exclusive rights to another party (the representative) to sell or promote their products or services in a defined area. Used extensively in Ireland and compliant with both Irish and EU law, this agreement type is particularly important for international trade relationships. The document covers crucial elements including appointment terms, territorial restrictions, commission structures, performance targets, and termination provisions. It ensures compliance with Irish commercial law, particularly the European Communities (Commercial Agents) Regulations 1994, while protecting both parties' interests through clear definition of rights, obligations, and commercial terms.
Suggested Sections

1. Parties: Identifies and defines the Principal and the Representative with full legal names and addresses

2. Background: Sets out the context of the agreement, including the Principal's business and desire to appoint an exclusive representative

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

4. Appointment and Scope: Establishes the exclusive appointment and defines the territorial scope and product range

5. Rights and Obligations of the Representative: Details the representative's duties, reporting requirements, and performance standards

6. Rights and Obligations of the Principal: Outlines the principal's commitments, support provisions, and information requirements

7. Commission Structure: Details the commission rates, calculation methods, and payment terms

8. Term and Termination: Specifies the duration, renewal provisions, and grounds for termination

9. Post-Termination: Covers post-termination obligations, compensation, and transition arrangements

10. Confidentiality: Addresses the handling of confidential information and trade secrets

11. Data Protection: Ensures compliance with GDPR and local data protection requirements

12. Governing Law and Jurisdiction: Specifies Irish law as governing law and establishes jurisdiction for disputes

Optional Sections

1. Non-Compete: Include when restricting the representative from competing during and after the agreement

2. Insurance: Include when specific insurance requirements are needed for the representative

3. Intellectual Property: Include when the representative will be using the principal's trademarks or other IP

4. Performance Targets: Include when setting specific sales targets or KPIs

5. Training and Support: Include when detailed training requirements and support services are provided

6. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Assignment and Subcontracting: Include when addressing the ability to transfer rights or use subcontractors

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description of the geographical territory covered by the agreement

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

3. Schedule 3 - Commission Rates: Detailed commission structure including any variations and special rates

4. Schedule 4 - Reporting Requirements: Templates and timing for required reports and documentation

5. Schedule 5 - Performance Criteria: Specific targets, KPIs, and measurement criteria if applicable

6. Appendix A - Standard Operating Procedures: Detailed procedures for order processing, customer service, etc.

7. Appendix B - Marketing Guidelines: Guidelines for use of principal's branding and marketing materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































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Relevant Industries

Manufacturing

Distribution

Retail

Technology

Pharmaceuticals

Consumer Goods

Industrial Equipment

Software and IT

Medical Devices

Automotive

Fashion and Apparel

Professional Services

Chemical Products

Electronics

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Compliance

Finance

International Trade

Distribution

Contract Management

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Sales Operations Manager

Channel Manager

Distribution Manager

Chief Executive Officer

Managing Director

Commercial Lawyer

Sales Representative

Account Manager

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

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