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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
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
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
Manufacturing
Retail
Technology
Financial Services
Insurance
Real Estate
Pharmaceuticals
Industrial Equipment
Consumer Goods
Professional Services
Automotive
Software and IT
Telecommunications
Medical Devices
Construction Materials
Legal
Sales
Business Development
Finance
Operations
Compliance
Commercial Operations
Contract Administration
Account Management
Commission Administration
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
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