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Sales Partner Agreement for Austria

Sales Partner Agreement Template for Austria

This document is an Austrian-law governed Sales Partner Agreement that establishes and regulates the relationship between a principal company and its sales partner. It complies with Austrian commercial law, including the Commercial Agents Act (HVertrG) and relevant EU regulations. The agreement covers essential aspects such as territory definition, commission structures, performance obligations, data protection requirements, and termination provisions. It includes specific protections required under Austrian law and addresses both parties' rights and obligations in line with local legal requirements and business practices.

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What is a Sales Partner Agreement?

The Sales Partner Agreement is a crucial document for companies looking to expand their sales presence in Austria through independent sales partners or agents. This agreement type is commonly used when a company wants to engage an independent sales representative or partner without creating an employment relationship. It must comply with Austrian commercial law, particularly the Commercial Agents Act (HVertrG) which implements EU Directive 86/653/EEC, and includes provisions for territory definition, commission structures, termination rights, and post-contractual obligations. The document is particularly relevant for international companies entering the Austrian market or local companies expanding their distribution networks, and needs to carefully balance commercial flexibility with mandatory legal requirements under Austrian law.

What sections should be included in a Sales Partner Agreement?

1. Parties: Identification of the principal company and the sales partner, including full legal names, registration details, and addresses

2. Background: Context of the agreement, nature of the principal's business, and purpose of the sales partner relationship

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

4. Appointment and Scope: Formal appointment of sales partner, definition of territory, and scope of authority

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

6. Rights and Obligations of Principal: Support to be provided, information sharing, and principal's commitments

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

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

9. Confidentiality: Protection of business secrets and confidential information

10. Data Protection: GDPR compliance and data handling requirements

11. Term and Termination: Duration, renewal terms, and termination provisions including mandatory notice periods

12. Post-Termination Obligations: Duties after agreement ends, including return of materials and final accounting

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

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

1. Non-Compete Obligations: Restrictions during and after the agreement term - optional but recommended for protecting business interests

2. Minimum Performance Requirements: Specific sales targets or KPIs - include when performance metrics are crucial

3. Training and Support: Detailed provisions for training and ongoing support - relevant for complex products or services

4. Insurance Requirements: Specific insurance coverage requirements - important for high-risk products or services

5. Marketing and Promotion: Specific marketing obligations and cost sharing - relevant for partnerships requiring significant marketing effort

6. Stock Holding: Requirements for maintaining inventory - relevant if sales partner needs to hold stock

7. Customer Service Requirements: After-sales service obligations - important for technical or service-intensive products

8. Compliance with Industry Regulations: Specific regulatory compliance requirements - necessary for regulated industries

What schedules should be included in a Sales Partner Agreement?

1. Schedule 1 - Territory Definition: Detailed description of geographical territory or customer segments

2. Schedule 2 - Product List: Complete list of products/services covered by the agreement

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type

4. Schedule 4 - Reporting Templates: Standard forms for activity reporting and commission calculations

5. Schedule 5 - Marketing Guidelines: Brand guidelines and approved marketing practices

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms

7. Appendix B - Service Level Agreement: Specific performance metrics and service standards

8. Appendix C - Compliance Documentation: Required certificates, permits, or compliance documentation

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Manufacturing

Technology

Consumer Goods

Industrial Equipment

Software and IT

Professional Services

Healthcare Products

Automotive

Electronics

Construction Materials

Food and Beverage

Pharmaceuticals

Telecommunications

Relevant Teams

Sales

Legal

Business Development

Commercial

Compliance

Finance

Operations

Partner Relations

Channel Management

Contract Administration

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Channel Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Regional Sales Manager

Partner Relations Manager

Chief Commercial Officer

Distribution Manager

Account Executive

Compliance Officer

Sales Administration 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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