The NDA Commission Agreement is designed for businesses operating in Belgium who wish to engage commission-based sales agents while protecting their confidential information. This document is particularly relevant when a company (Principal) appoints an agent to sell products or services on a commission basis, and there is a need to protect sensitive business information shared during the relationship. The agreement ensures compliance with Belgian Commercial Agency Law of 1995 and relevant EU regulations, including trade secrets protection. It should be used when establishing new commission-based sales relationships or formalizing existing arrangements where confidential information will be shared. The document includes detailed provisions on commission calculations, payment terms, confidentiality obligations, territory definitions, and reporting requirements.
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1. Parties: Identification and details of the principal and commission agent
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including confidential information, commission, territory, and products/services
4. Appointment and Scope: Terms of the agent's appointment, territory, and products/services covered
5. Confidentiality Obligations: Core confidentiality provisions, duration, and scope of confidential information
6. Commission Structure: Calculation method, rates, and payment terms for commission
7. Duties and Responsibilities: Obligations of both parties regarding sales, reporting, and confidentiality
8. Term and Termination: Duration of the agreement and termination provisions
9. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination
10. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term
11. Governing Law and Jurisdiction: Specification of Belgian law and competent courts
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Additional provisions regarding IP ownership and usage, required when IP transfer or licensing is involved
2. Data Protection: GDPR compliance provisions, necessary when personal data processing is involved
3. Sub-Agents: Terms for appointing sub-agents, include when sub-agents are permitted
4. Marketing and Promotional Activities: Specific provisions for marketing activities, include when agent has marketing responsibilities
5. Insurance Requirements: Specific insurance obligations, include for high-value or high-risk activities
6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term agreements
7. Training and Support: Details of training provided by principal, include when significant product knowledge is required
1. Schedule 1 - Commission Rates: Detailed commission structure, rates, and calculation methods
2. Schedule 2 - Products and Services: List of products/services covered by the agreement
3. Schedule 3 - Territory: Detailed description of geographical territory or market segment
4. Schedule 4 - Reporting Templates: Standard forms for sales reporting and commission calculations
5. Schedule 5 - Confidential Information: Specific types of confidential information covered
6. Appendix A - Sales Targets: Performance targets and any related bonus structures
7. Appendix B - Operating Procedures: Detailed procedures for order processing and customer handling
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Technology
Financial Services
Professional Services
Pharmaceuticals
Consumer Goods
Industrial Equipment
Software and IT
Telecommunications
Real Estate
Insurance
Medical Devices
Automotive
Relevant Teams
Legal
Sales
Business Development
Compliance
Commercial Operations
Contract Administration
Partner Relations
Risk Management
Finance
Human Resources
Relevant Roles
Sales Director
Business Development Manager
Commercial Director
Legal Counsel
Compliance Officer
Sales Manager
Channel Manager
Partner Manager
Chief Commercial Officer
Sales Operations Manager
Contract Manager
Regional Sales Manager
Agency Relations Manager
Chief Legal Officer
Privacy Officer
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