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The Sales Subcontractor Agreement is essential for businesses operating in the Netherlands who wish to expand their sales capabilities through independent contractors rather than employees. This document is particularly crucial given the strict Dutch regulations regarding contractor classification and employment relationships. It provides a legally compliant framework for engaging sales subcontractors while clearly establishing their independent status. The agreement covers crucial aspects such as commission structures, performance metrics, territorial rights, and compliance with Dutch commercial law. This document is commonly used when companies need flexible sales resource scaling, market expansion, or specialized sales expertise without the commitments of direct employment. The Sales Subcontractor Agreement must be carefully drafted to ensure compliance with Dutch labor laws, particularly the Wet Deregulering Beoordeling Arbeidsrelaties (DBA), while protecting the company's interests in terms of customer relationships and intellectual property.

1. Parties: Identification of the contracting parties - the main contractor and the subcontractor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and the purpose of the subcontracting relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Terms of appointment and detailed description of the sales services to be provided by the subcontractor

5. Independent Contractor Status: Clear statement of the subcontractor's status as an independent contractor, not an employee

6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

7. Compensation and Payment Terms: Commission structure, payment schedule, expenses, and invoicing requirements

8. Performance Standards: Expected quality of service, sales targets, and performance metrics

9. Obligations of the Subcontractor: Key responsibilities, reporting requirements, and compliance obligations

10. Obligations of the Contractor: Support, materials, and information to be provided by the main contractor

11. Intellectual Property Rights: Ownership and usage rights of intellectual property

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling requirements

14. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

15. Liability and Indemnification: Allocation of risks and responsibilities between parties

16. Insurance: Required insurance coverage to be maintained

17. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution

18. General Provisions: Standard clauses including force majeure, severability, and entire agreement