Ƶ

Agency And Distribution Agreement for Germany

Agency And Distribution Agreement Template for Germany

A comprehensive legal agreement governed by German law that combines both agency and distribution arrangements, establishing the terms under which one party (the Principal/Supplier) authorizes another party (the Agent/Distributor) to promote, sell, and/or distribute products within a specified territory. The agreement complies with German Commercial Code (HGB) requirements, particularly regarding commercial agency provisions, mandatory compensation claims, and notice periods. It addresses commission structures, performance requirements, territory rights, and obligations of both parties while incorporating necessary protections under German and EU law, including competition law considerations and GDPR compliance.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Agency And Distribution Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Agency And Distribution Agreement?

The Agency and Distribution Agreement is essential for businesses seeking to expand their market presence in Germany or German businesses expanding internationally. This document is particularly crucial when a company wants to establish a commercial relationship that combines both agency and distribution elements, requiring compliance with German legal requirements, especially the German Commercial Code (HGB). It's commonly used when a Principal/Supplier needs a local representative to both promote products (agency function) and maintain inventory for resale (distribution function). The agreement must carefully address mandatory provisions under German law, including agent protection rights, notice periods, and post-termination compensation claims. It's especially relevant for cross-border transactions and requires careful consideration of EU regulations, competition law, and territorial restrictions. The document typically includes detailed provisions on commission structures, performance targets, product specifications, and territory definitions, while ensuring compliance with both German and EU regulatory requirements.

What sections should be included in a Agency And Distribution Agreement?

1. Parties: Identification of the Principal/Supplier and the Agent/Distributor, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and their intention to enter into an agency and distribution relationship

3. Definitions: Definitions of key terms used throughout the agreement, including Products, Territory, Customers, Net Sales, etc.

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, territory definition, and scope of authority

5. Products and Territory: Detailed description of products covered and geographical territory for agency/distribution activities

6. Rights and Obligations of Agent/Distributor: Comprehensive listing of agent/distributor responsibilities, reporting requirements, and performance standards

7. Rights and Obligations of Principal/Supplier: Principal's commitments, support provisions, and supply obligations

8. Commission and Payment Terms: Commission rates, calculation methods, payment terms, and conditions as per HGB requirements

9. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP, including restrictions and protections

10. Confidentiality: Provisions regarding confidential information and trade secrets

11. Term and Termination: Duration of agreement, renewal terms, and termination provisions compliant with German law

12. Post-Termination Provisions: Post-termination obligations, compensation claims under §89b HGB, and transition arrangements

13. Data Protection: GDPR compliance provisions and data handling requirements

14. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

What sections are optional to include in a Agency And Distribution Agreement?

1. Minimum Purchase Requirements: For distribution agreements: minimum purchase quantities and consequences of non-achievement

2. Marketing and Promotion: Specific marketing obligations and cost-sharing arrangements for promotional activities

3. Training Requirements: Detailed training obligations and procedures, if specific product knowledge is required

4. Stock Requirements: For distribution agreements: minimum stock levels and warehouse requirements

5. Non-Compete Provisions: Post-contractual non-compete clauses (subject to German law restrictions)

6. Insurance Requirements: Specific insurance coverage requirements and minimum coverage amounts

7. Compliance with Anti-Corruption Laws: Specific anti-corruption compliance requirements if dealing with sensitive markets or public sector

8. Sub-Agents/Sub-Distributors: Rights and restrictions regarding the appointment of sub-agents or sub-distributors

What schedules should be included in a Agency And Distribution Agreement?

1. Schedule 1 - Products: Detailed list of products covered by the agreement, including specifications and prices

2. Schedule 2 - Territory: Detailed definition of geographical territory, including any excluded areas or customers

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

4. Schedule 4 - Performance Targets: Specific sales targets and performance metrics

5. Schedule 5 - Reporting Templates: Standard forms for regular reporting requirements

6. Schedule 6 - Technical Requirements: Technical specifications, quality standards, and compliance requirements

7. Schedule 7 - Trademark Usage Guidelines: Specific rules and guidelines for use of Principal's trademarks and branding

8. Appendix A - Customer List: List of existing customers and any special arrangements (if applicable)

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

Germany

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions









































Clauses






































Relevant Industries

Manufacturing

Consumer Goods

Industrial Equipment

Technology and Software

Pharmaceuticals and Healthcare

Automotive

Electronics

Chemical Industry

Fashion and Luxury Goods

Food and Beverage

Construction Materials

Medical Devices

Telecommunications

Agricultural Products

Renewable Energy

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Compliance

International Trade

Supply Chain

Finance

Contract Administration

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contract Manager

Chief Commercial Officer

Export Manager

International Sales Manager

Distribution Manager

Channel Partnership Manager

Compliance Officer

Chief Executive Officer

Managing Director

Operations Director

Regional Sales 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

Find the exact document you need

Agreement For Security Services

German law-governed agreement for security services provision, covering operational requirements, compliance, and service standards under German regulations.

Download

Tutoring Contract Between Agency And Client

A German law-governed contract establishing terms between a tutoring agency and client for educational services, ensuring BGB and GDPR compliance.

Download

Agreement Between Landlord And Letting Agent

German law agreement establishing the terms and conditions between a property owner and letting agent for property management and tenant services.

Download

Marketing Agency Client Contract

A German law-governed agreement between a marketing agency and client, outlining marketing services, obligations, and compliance requirements.

Download

Contract For Digital Marketing Services

German law-governed agreement for digital marketing services, incorporating GDPR compliance and German marketing regulations.

Download

Standard Agency Agreement

German law-governed agreement establishing a commercial agency relationship between principal and agent, compliant with HGB requirements.

Download

Mou For Commission Agent

A German law-governed MoU outlining the preliminary terms for a commission agent relationship between a principal and agent.

Download

Tender Agency Agreement

A German law-governed agreement appointing an agent to manage tender processes on behalf of a principal company.

Download

Limited Agency Agreement

A German law-governed agreement establishing a limited agency relationship with defined scope and authority constraints.

Download

Contract For Agency Agreement

A German law-governed agreement establishing a commercial agency relationship, defining rights, obligations, and compensation between principal and agent.

Download

International Agency Agreement

German law-governed agreement establishing a commercial agency relationship between a principal and agent, defining representation rights, territory, and compensation terms.

Download

Customs Broker Agreement

A German law-governed agreement establishing the terms and conditions for customs brokerage services, including customs clearance and regulatory compliance obligations.

Download

Agreement Between Buyer And Commission Agent

German law-governed agreement establishing terms between a buyer and commission agent, aligned with HGB requirements.

Download

Agency Listing Agreement

A German-law governed agreement between property owner and real estate agent establishing terms for property marketing and sale/lease services.

Download

Agency Client Contract

A German law-governed contract establishing the terms and conditions between an agency and its client for professional services delivery.

Download

Agency Master Services Agreement

German law-governed agreement establishing terms and conditions between a principal company and its commercial agent for representation in business activities.

Download

Buyers Rep Agreement

German law-governed agreement establishing the terms and conditions between a property buyer and their appointed representative.

Download

Buyer Broker Commission Agreement

A German law-governed agreement establishing the terms for broker representation of a property buyer, including commission structure and service obligations.

Download

Buyer's Agent Agreement

German law agreement establishing terms between property buyers and their appointed agents, governing property search and acquisition services.

Download

Estate Agency Agreement

A German-law governed agreement between a real estate agent and client establishing the terms of property agency services and commission structure.

Download

Buyer Agent Exclusive Agreement

A German law-governed agreement establishing an exclusive relationship between a property buyer and real estate agent, defining representation rights and obligations.

Download

Booking Agent Contract

German law-governed agreement between an artist and booking agent establishing representation terms and booking authority.

Download

Buyer Broker Exclusive Agreement

A German law-governed agreement establishing exclusive representation rights between a real estate broker and property buyer, detailing services, commission, and obligations.

Download

Buyer Representation Agreement

German law agreement establishing representation terms between a property buyer and real estate agent, outlining services, obligations, and commission structure.

Download

Seller Agency Agreement

German law-governed agreement establishing a commercial agency relationship between a principal and agent, with provisions complying with HGB requirements.

Download

Non Exclusive Buyer Broker Agreement

German law-governed agreement between a broker and property buyer establishing a non-exclusive representation relationship for property acquisition services.

Download

Non Exclusive Broker Agreement

A German law agreement establishing a non-exclusive relationship between principal and broker, outlining service terms and commission structures under German legal requirements.

Download

Broker Agent Agreement

German law-governed Broker Agent Agreement establishing terms between principal and broker, compliant with HGB and BGB requirements.

Download

Insurance Agent Agreement

A German law-governed agreement establishing the relationship between an insurance company and agent, setting out sales authority, obligations, and regulatory compliance requirements.

Download

Commission Agreement Between Broker And Agent

A German law-governed agreement establishing commission-based terms between broker and agent, compliant with HGB and BGB requirements.

Download

Tenant Agency Agreement

A German law-governed agreement between a real estate agent and prospective tenant for property search and rental procurement services.

Download

Temporary Staffing Agreement

German law-governed agreement between a staffing agency and client company for temporary worker deployment, ensuring AÜG compliance.

Download

Temporary Service Agreement

A German law-governed agreement establishing temporary service arrangements between a service provider and client, compliant with BGB and TzBfG requirements.

Download

Temporary Agency Contract

German law-compliant Temporary Agency Contract (Arbeitnehmerüberlassungsvertrag) governing temporary staffing arrangements between agencies and hiring companies.

Download

Talent Agency Agreement

German law-governed agreement establishing the terms of representation between a talent agency and artist, including commission structures and mutual obligations.

Download

Sub Agent Contract

German law-governed agreement between a commercial agent and sub-agent for product/service distribution, compliant with HGB requirements.

Download

Sub Agency Agreement

A German law-governed agreement establishing the relationship between a main agent and sub-agent, defining their rights, obligations, and commercial terms.

Download

Sourcing Agent Agreement

German law-governed agreement establishing a commercial relationship between a principal company and a sourcing agent, regulated under the German Commercial Code (HGB).

Download

Social Media Agency Contract

German law-governed agreement for social media management services, establishing terms between agencies and clients while ensuring compliance with German digital services and data protection regulations.

Download

Service Bureau Agreement

German law-governed agreement for specialized processing and administrative services provided by a service bureau to client organizations.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it