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Non Exclusive Representation Agreement Template for Australia

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Key Requirements PROMPT example:

Non Exclusive Representation Agreement

"I need a Non-Exclusive Representation Agreement for my Australian tech company to appoint multiple sales representatives across APAC regions, with a 5% commission structure and quarterly performance reviews, starting March 2025."

Document background
The Non-Exclusive Representation Agreement is essential for businesses operating in Australia who wish to engage representatives while maintaining the flexibility to work with multiple agents. This document is particularly relevant in today's dynamic business environment where exclusive arrangements may be too restrictive. It encompasses key provisions required under Australian law, including compliance with the Competition and Consumer Act 2010 and relevant state legislation. The agreement typically includes detailed sections on representation scope, territory definitions, commission structures, performance expectations, and termination conditions. It's designed to protect both the principal's interests in maintaining business flexibility and the representative's rights in conducting their services, while ensuring clarity in the non-exclusive nature of the relationship.
Suggested Sections

1. Parties: Identifies and provides full details of the principal and the representative

2. Background: Outlines the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details the non-exclusive nature of the appointment and defines the scope of representation

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Representatives Rights and Obligations: Outlines the representative's duties, responsibilities, and permitted activities

7. Principal's Rights and Obligations: Specifies the principal's commitments and obligations to the representative

8. Compensation: Details the fee structure, commission rates, and payment terms

9. Intellectual Property: Addresses ownership and usage rights of relevant intellectual property

10. Confidentiality: Establishes obligations regarding confidential information

11. Non-Solicitation: Prevents either party from soliciting employees or clients of the other

12. Dispute Resolution: Outlines the process for resolving disputes between parties

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Performance Targets: Sets specific performance criteria or sales targets - include when the representation involves sales or measurable outcomes

2. Territory Restrictions: Defines geographical limitations on the representation - include when representation is limited to specific regions

3. Marketing and Promotion: Outlines marketing responsibilities and brand guidelines - include when representative will conduct marketing activities

4. Insurance Requirements: Specifies required insurance coverage - include for high-risk activities or when mandated by industry standards

5. Training and Support: Details training and support provided by the principal - include when specific training or ongoing support is necessary

6. Compliance Requirements: Specifies industry-specific compliance obligations - include for regulated industries

7. Sub-Representatives: Addresses the appointment of sub-representatives - include when sub-representation may be necessary

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

2. Schedule 2 - Territory Map: Visual representation and detailed description of any geographical territory restrictions

3. Schedule 3 - Products or Services: Comprehensive list of products or services covered by the representation agreement

4. Schedule 4 - Approved Marketing Materials: Templates or guidelines for approved marketing materials and brand usage

5. Schedule 5 - Performance Metrics: Detailed performance indicators and measurement criteria

6. Appendix A - Reporting Templates: Standard templates for required regular reporting

7. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Retail

Manufacturing

Entertainment

Sports

Professional Services

Real Estate

Technology

Consumer Goods

Media

Advertising

Fashion

Art and Design

Distribution and Wholesale

Financial Services

Relevant Teams

Legal

Business Development

Sales

Commercial

Operations

Compliance

Marketing

Finance

Contract Administration

Partner Relations

Relevant Roles

Chief Executive Officer

Business Development Manager

Sales Director

Legal Counsel

Commercial Manager

Operations Director

Contract Manager

Agency Relations Manager

Regional Sales Manager

Distribution Manager

Channel Partner Manager

Marketing Director

Brand Manager

Compliance Officer

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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