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Agency Referral Agreement Template for Germany

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Key Requirements PROMPT example:

Agency Referral Agreement

"I need an Agency Referral Agreement under German law for my software company to appoint sales agents across the EU, with specific provisions for software license referrals and GDPR compliance, to be effective from March 2025."

Document background
The Agency Referral Agreement is essential for businesses operating in Germany who wish to expand their market reach through formal referral partnerships. This document type is particularly relevant in today's interconnected business environment where companies increasingly rely on partner networks for growth. The agreement must comply with German commercial law requirements, particularly the Handelsgesetzbuch (HGB) provisions regarding commercial agents. It typically includes detailed sections on commission structures, territorial restrictions, data protection compliance under GDPR, and specific performance obligations. The Agency Referral Agreement serves as a comprehensive framework for managing referral relationships while ensuring compliance with German legal requirements, including mandatory provisions for agent protection and fair business practices.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement, including 'Referred Customers', 'Services', 'Territory', and 'Commission'

4. Appointment and Scope: Terms of agent's appointment, exclusivity/non-exclusivity, and territorial scope

5. Agent's Obligations: Core duties of the agent including referral processes, reporting requirements, and standard of service

6. Principal's Obligations: Core duties of the principal including support, information provision, and handling of referred customers

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

8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions including notice periods

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: GDPR compliance measures and data handling requirements

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

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

Optional Sections

1. Non-Compete Obligations: Restrictions on competitive activities during and after the agreement term, used when protecting market position is crucial

2. Intellectual Property Rights: Provisions regarding use of trademarks and other IP, included when branding and marketing materials are involved

3. Insurance Requirements: Specific insurance obligations for either party, included for high-value or high-risk referrals

4. Training and Support: Details of training and support provided by principal, included for complex products or services

5. Marketing and Promotion: Guidelines for marketing activities and brand representation, included when agent will conduct marketing

6. Compliance with Laws: Specific regulatory compliance requirements, included for regulated industries

7. Force Majeure: Provisions for unforeseen circumstances, included when business continuity is critical

8. Assignment and Subcontracting: Rights to transfer or delegate obligations, included when flexibility in business structure is needed

Suggested Schedules

1. Schedule 1: Commission Rates: Detailed breakdown of commission rates for different products/services or customer categories

2. Schedule 2: Territory Definition: Detailed description or map of the geographical territory covered by the agreement

3. Schedule 3: Reporting Requirements: Templates and specifications for regular reporting by the agent

4. Schedule 4: Service Level Agreement: Specific performance metrics and service standards

5. Appendix A: Referral Process: Step-by-step procedure for making and handling referrals

6. Appendix B: Approved Marketing Materials: List or examples of approved marketing materials and usage guidelines

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






























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Relevant Industries

Financial Services

Information Technology

Professional Services

Manufacturing

Real Estate

Insurance

Healthcare

Telecommunications

Business Consulting

Education and Training

Legal Services

Marketing and Advertising

Relevant Teams

Legal

Business Development

Sales

Compliance

Commercial

Operations

Partner Relations

Contract Administration

Account Management

Finance

Relevant Roles

Business Development Manager

Sales Director

Channel Partner Manager

Legal Counsel

Compliance Officer

Commercial Director

Partnership Manager

Chief Executive Officer

Managing Director

Sales Operations Manager

Account Manager

Contract Manager

Business Development Representative

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

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