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Agent Commission Contract for Germany

Agent Commission Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates the commercial relationship between a principal company and an independent commercial agent. The document outlines commission structures, territorial rights, and obligations of both parties in accordance with the German Commercial Code (Handelsgesetzbuch - HGB). It includes detailed provisions for commission calculations, payment terms, performance expectations, and termination rights, while ensuring compliance with both German national law and relevant EU directives on commercial agents.

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Agent Commission Contract

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What is a Agent Commission Contract?

The Agent Commission Contract (Handelsvertretervertrag) is essential for businesses operating in Germany that wish to engage commercial agents for sales and business development. This document is specifically designed to comply with the German Commercial Code (HGB §§ 84-92c) and relevant EU regulations, providing a framework for commission-based commercial relationships. It is used when a company (principal) wants to appoint an independent agent to promote their products or services in return for commission-based compensation. The agreement includes mandatory provisions required by German law regarding commission calculations, payment terms, agent's rights, and post-contractual compensation claims (Ausgleichsanspruch). This document type is particularly important as German law provides significant protective rights for commercial agents, making proper documentation of the relationship crucial.

What sections should be included in a Agent Commission Contract?

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

2. Background: Brief context of the agency relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including specific industry terminology and commission-related definitions

4. Appointment and Territory: Scope of agent's appointment, exclusivity status, and defined geographical territory

5. Agent's Rights and Obligations: Core responsibilities, reporting requirements, and professional standards expected from the agent

6. Principal's Rights and Obligations: Principal's duties, including information provision and support obligations

7. Commission Structure: Detailed commission rates, calculation methods, and payment terms as required by §§87-87c HGB

8. Payment Terms: Timeline for commission payments, invoice requirements, and payment documentation

9. Term and Termination: Duration of agreement, notice periods, and termination rights in accordance with HGB requirements

10. Post-Termination Provisions: Including compensation claims (Ausgleichsanspruch) under §89b HGB

11. Confidentiality: Protection of business secrets and confidential information

12. Data Protection: GDPR compliance and data handling requirements

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Agent Commission Contract?

1. Non-Compete Obligations: Restrictions during and after the contract term, used when protecting specific business interests

2. Minimum Performance Requirements: Specific sales targets or activity levels, included when performance benchmarks are needed

3. Sub-Agents: Rules regarding the appointment of sub-agents, if permitted

4. Insurance Requirements: Specific insurance obligations for the agent, if required for the industry

5. Marketing and Advertising: Guidelines for promotional activities, when agent has marketing responsibilities

6. Training Requirements: Specific training obligations, included for technical or specialized products

7. Stock Handling: Rules for handling inventory, if agent maintains product stock

8. Intellectual Property: IP usage rights and restrictions, when relevant to the agency activities

What schedules should be included in a Agent Commission Contract?

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

2. Territory Description: Detailed description of geographical territory with maps or postal codes

3. Product List: List of products or services covered by the agency agreement

4. Reporting Templates: Standard forms for activity reports and commission calculations

5. Performance Metrics: Detailed KPIs and measurement criteria

6. Approved Marketing Materials: Templates and guidelines for promotional materials

7. Data Processing Agreement: Detailed GDPR-compliant data processing terms

8. Customer List: List of existing customers and associated commission arrangements

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

Sector

Sales

Cost

Free to use
Relevant legal definitions








































Clauses


































Relevant Industries

Manufacturing

Retail

Technology

Financial Services

Insurance

Real Estate

Pharmaceuticals

Industrial Equipment

Consumer Goods

Professional Services

Automotive

Software and IT

Telecommunications

Medical Devices

Construction Materials

Relevant Teams

Legal

Sales

Business Development

Finance

Operations

Compliance

Commercial Operations

Contract Administration

Account Management

Commission Administration

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Commission Administrator

Compliance Officer

Chief Commercial Officer

Regional Sales Manager

Agency Relations Manager

Finance Manager

Sales Representative

Account Manager

Business Development Director

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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