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The Marketing Commission Agreement is essential for businesses operating in Germany who wish to engage external marketing representatives or agencies on a commission basis. This document type is particularly relevant when companies seek to expand their market presence through third-party marketing services while maintaining control over their brand and marketing activities. The agreement must comply with German Commercial Code (HGB) provisions regarding commercial agency relationships, especially §§ 84-92c HGB governing commission structures. It addresses key aspects such as territory rights, commission calculations, performance metrics, and mandatory provisions under German law regarding notice periods and post-termination compensation (Ausgleichsanspruch). The document is structured to accommodate both exclusive and non-exclusive marketing arrangements while ensuring compliance with German marketing regulations and data protection requirements.

1. Parties: Identification of the principal company and the marketing agent/representative, including full legal names and registered addresses

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

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

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and detailed scope of marketing services

5. Territory and Market: Geographic area and/or market segments where the agent is authorized to provide marketing services

6. Obligations of the Agent: Detailed responsibilities, performance standards, and compliance requirements for the marketing agent

7. Obligations of the Principal: Support, materials, and information to be provided by the principal company

8. Commission Structure: Detailed commission rates, calculation methods, and payment terms

9. Reporting and Payment: Requirements for activity reporting, commission calculations, and payment procedures

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

11. Intellectual Property: Usage rights and restrictions regarding trademarks, marketing materials, and other IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling requirements

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