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International Sales Representative Agreement Template for Denmark

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International Sales Representative Agreement

Document background
The International Sales Representative Agreement is essential for companies seeking to expand their market presence through independent sales representatives in foreign territories. This agreement, governed by Danish law, provides a comprehensive framework for the commercial relationship between the principal company and its international sales representatives. It must comply with the Danish Commercial Agents Act (Handelsagentloven), which implements the EU Commercial Agents Directive, and includes mandatory provisions regarding agent protection, termination notice periods, and compensation rights. The document covers critical aspects such as territory definition, commission structures, performance requirements, reporting obligations, and intellectual property protection, while ensuring compliance with both Danish and relevant international laws. It's particularly important for businesses expanding internationally who want to maintain control over their sales processes while leveraging local expertise in foreign markets.
Suggested Sections

1. Parties: Identification of the Principal and Sales Representative, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the Principal's business and purpose of appointing the Sales Representative

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Scope of appointment, territorial limitations, and exclusivity/non-exclusivity provisions

5. Products: Definition and description of products/services the Sales Representative is authorized to sell

6. Rights and Obligations of Sales Representative: Detailed responsibilities, performance standards, reporting requirements, and compliance obligations

7. Rights and Obligations of Principal: Principal's commitments, support provisions, and information sharing obligations

8. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission entitlement

9. Intellectual Property: Usage rights and restrictions regarding Principal's trademarks, logos, and other IP

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Term and Termination: Duration of agreement, renewal terms, and termination provisions compliant with Danish law

12. Post-Termination Rights and Obligations: Including mandatory compensation/indemnity under Danish law, return of materials, and ongoing obligations

13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Compete Obligations: Restrictions during and after the agreement term, used when protecting market position is crucial

2. Data Protection: GDPR compliance provisions, required when personal data processing is involved

3. Training and Support: Details of training and support provided by Principal, included for complex products/services

4. Insurance: Insurance requirements for Sales Representative, included for high-value products or specific industry requirements

5. Minimum Performance Requirements: Sales targets and consequences of non-achievement, used when specific performance levels are crucial

6. Sub-agents: Rights and restrictions regarding appointment of sub-agents, included when sub-agents might be needed

7. Force Majeure: Provisions for unforeseen circumstances, recommended for international agreements

8. Anti-Corruption: Compliance with anti-corruption laws, important for international business

9. Assignment: Rights and restrictions regarding transfer of agreement, included when needed to control change of control

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description of geographical territory, including any excluded areas

2. Schedule 2 - Products and Price List: Comprehensive list of products/services with pricing information

3. Schedule 3 - Commission Structure: Detailed commission calculations, special rates, and examples

4. Schedule 4 - Reporting Requirements: Templates and timing for regular reports

5. Schedule 5 - Sales Targets: Specific sales targets and measurement criteria

6. Schedule 6 - Principal's Trademarks: List of trademarks and usage guidelines

7. Appendix A - Standard Operating Procedures: Detailed procedures for order processing, customer service, etc.

8. Appendix B - Customer Service Standards: Required service levels and customer support procedures

Authors

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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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