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International Sales Representative Agreement
"Need an International Sales Representative Agreement under German law for our software products, covering DACH region sales with a 15% commission structure and quarterly performance targets, starting March 2025, with strong IP protection clauses."
1. Parties: Identification of the Principal and Sales Representative, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the Principal's business and the purpose of appointing the Sales Representative
3. Definitions: Key terms used throughout the agreement, including Territory, Products, Customers, Commission, etc.
4. Appointment and Territory: Formal appointment of the Sales Representative and definition of the geographical territory and any exclusivity rights
5. Rights and Obligations of the Sales Representative: Detailed responsibilities including customer solicitation, reporting, compliance with laws, and professional standards
6. Rights and Obligations of the Principal: Principal's commitments regarding product information, support, and cooperation
7. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission entitlement as per HGB requirements
8. Intellectual Property Rights: Usage rights for Principal's trademarks, logos, and other IP during the agreement
9. Confidentiality: Protection of business secrets and confidential information
10. Term and Termination: Duration of agreement, notice periods, and grounds for termination in compliance with HGB
11. Post-Termination Provisions: Handling of pending commissions, return of materials, and post-contractual obligations
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Non-Compete Obligations: Used when restricting the Representative's ability to work with competitors, must comply with § 90a HGB
2. Minimum Performance Requirements: Include when setting specific sales targets or performance metrics
3. Customer Protection Provisions: Used when specific customer relationships need protection or allocation
4. Data Protection: Detailed GDPR compliance section, necessary when extensive personal data processing is involved
5. Insurance Requirements: Include when requiring specific insurance coverage from the Representative
6. Training and Support: Used when the Principal provides specific training programs or support systems
7. Sub-agents: Include when the Representative is permitted to appoint sub-agents
8. Marketing and Advertising: Used when the Representative has specific marketing responsibilities or restrictions
1. Product List: Detailed list of products/services the Representative is authorized to sell
2. Commission Rates and Calculations: Detailed commission structures, including any variations by product or customer type
3. Territory Description: Detailed description of geographical territory including any excluded areas
4. Reporting Templates: Standard forms for activity reports, sales reports, and customer information
5. Customer List: List of existing customers and any special arrangements (if applicable)
6. Minimum Performance Targets: Specific sales targets or KPIs if applicable
7. Brand Guidelines: Guidelines for use of Principal's trademarks and marketing materials
Authors
Manufacturing
Technology and Software
Consumer Goods
Industrial Equipment
Professional Services
Healthcare and Medical Devices
Automotive
Chemical and Materials
Electronics
Luxury Goods
Food and Beverage
Telecommunications
Legal
Sales
Business Development
International Operations
Commercial Operations
Compliance
Finance
Contract Administration
Export
Senior Management
Sales Director
International Business Development Manager
Legal Counsel
Commercial Director
Export Manager
Chief Commercial Officer
Sales Operations Manager
Channel Manager
Business Development Director
International Sales Manager
Contract Manager
Chief Executive Officer
General Counsel
Sales Representative
Regional Sales Manager
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