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The Independent Contractor Sales Commission Agreement is essential for businesses operating in Austria who wish to engage external sales professionals on a commission basis without creating an employment relationship. This document is particularly relevant when companies seek to expand their sales reach through independent contractors while maintaining compliance with Austrian commercial law, including the UGB (Commercial Code) and ABGB (Civil Code). The agreement typically covers commission structures, sales territories, performance expectations, and compliance requirements, while carefully establishing the contractor's independent status. It's designed to protect both parties' interests while ensuring adherence to Austrian regulations regarding commercial agents and independent contractors, including necessary provisions for GDPR compliance and data protection. This type of agreement is commonly used when expanding sales operations, entering new markets, or implementing flexible sales force structures.

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

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

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Commission', 'Territory', 'Products', etc.

4. Appointment and Scope: Formal appointment of the contractor and detailed scope of services to be provided

5. Independent Contractor Status: Clear statement of independent contractor relationship and disclaimer of employment relationship

6. Territory and Products: Definition of geographical area and products/services covered by the agreement

7. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

8. Payment Terms: Timing of commission payments, invoicing requirements, and payment methods

9. Obligations of the Contractor: Contractor's duties, performance standards, and reporting requirements

10. Obligations of the Company: Company's responsibilities, including provision of information and support

11. Intellectual Property: Protection and ownership of IP rights, including use of company trademarks

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling requirements

14. Term and Termination: Duration of agreement and conditions for termination

15. Post-Termination Obligations: Obligations and restrictions after agreement ends

16. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction

17. General Provisions: Standard clauses including notices, amendments, and severability