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Agency To Agency Agreement for Germany

Agency To Agency Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates the business relationship between two professional agencies. This document outlines the terms of collaboration, including scope of services, compensation structures, and mutual obligations under the German Commercial Code (HGB). It incorporates essential provisions for data protection under GDPR, intellectual property rights, and competition law compliance while addressing specific requirements of the German legal framework for agency relationships. The agreement serves as a foundation for long-term professional collaboration while ensuring regulatory compliance and risk management.

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What is a Agency To Agency Agreement?

The Agency to Agency Agreement is essential for formalizing partnerships between professional service providers in Germany. This document is particularly relevant when two agencies wish to collaborate while maintaining their independent status, whether for specific projects or ongoing business relationships. It must comply with German Commercial Code (HGB) requirements, particularly sections 84-92c governing commercial agency relationships, and incorporate EU regulations including GDPR. The agreement typically includes detailed provisions on service scope, territory rights, commission structures, and performance standards. It's commonly used when agencies need to combine their expertise or extend their service offerings through collaboration, such as when a marketing agency partners with a PR agency or when a digital agency collaborates with a traditional advertising firm. The document provides legal protection for both parties while ensuring clear operational guidelines and regulatory compliance.

What sections should be included in a Agency To Agency Agreement?

1. Parties: Identification and details of both agencies, including registration numbers and authorized representatives

2. Background: Context of the agreement and brief description of both agencies' business activities

3. Definitions: Key terms used throughout the agreement, including technical and business-specific terminology

4. Appointment and Scope: Terms of appointment, territory, and scope of agency services

5. Rights and Obligations: Detailed responsibilities and rights of both agencies

6. Compensation and Payment Terms: Commission structure, payment terms, and calculation methods

7. Performance Standards: Expected service levels and quality standards

8. Reporting and Communication: Regular reporting requirements and communication protocols

9. Confidentiality: Protection of business secrets and confidential information

10. Data Protection: GDPR compliance and data handling procedures

11. Intellectual Property: Ownership and usage rights of IP created during the collaboration

12. Term and Termination: Duration of agreement and termination provisions including notice periods

13. Post-Termination Obligations: Duties and restrictions after agreement ends

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Agency To Agency Agreement?

1. Non-Competition: Restrictions on competing activities, used when agencies operate in similar markets

2. Insurance: Insurance requirements, added when specific coverage is necessary

3. Marketing and Branding: Guidelines for using each other's brands, needed when public representation is involved

4. Compliance with Industry Regulations: Added for regulated industries like financial services or healthcare

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

6. Assignment and Subcontracting: Rules for transferring rights or using subcontractors, when flexibility is needed

7. Dispute Resolution: Alternative dispute resolution procedures, useful for international relationships

What schedules should be included in a Agency To Agency Agreement?

1. Schedule 1: Service Level Agreement: Detailed performance metrics and service standards

2. Schedule 2: Commission Structure: Detailed breakdown of commission calculations and examples

3. Schedule 3: Reporting Templates: Standard forms and formats for regular reporting

4. Schedule 4: Territory Definition: Detailed description of geographical or market coverage

5. Schedule 5: Approved Marketing Materials: Pre-approved promotional content and guidelines

6. Appendix A: Contact Details: Key personnel and escalation contacts for both parties

7. Appendix B: Technical Requirements: Any technical specifications or system requirements

8. Appendix C: Compliance Checklist: Regulatory and operational compliance requirements

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

Advertising & Marketing

Public Relations

Media & Entertainment

Professional Services

Technology

Retail

Financial Services

Healthcare

Real Estate

Manufacturing

Education

Tourism & Hospitality

Relevant Teams

Legal

Operations

Business Development

Commercial

Compliance

Client Services

Contracts Administration

Partnership Management

Account Management

Executive Leadership

Project Management

Relevant Roles

Managing Director

Chief Executive Officer

Business Development Director

Legal Counsel

Contracts Manager

Operations Director

Agency Partner

Commercial Director

Account Director

Compliance Officer

Partnership Manager

Chief Operating Officer

Project Director

Head of Client Services

Business 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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