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Non Exclusive Agency Agreement Template for Denmark

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Non Exclusive Agency Agreement

Document background
The Non-Exclusive Agency Agreement is essential for businesses seeking to expand their market presence through commercial agents in Denmark while maintaining flexibility to appoint multiple representatives. This document is particularly relevant when a company wants to test new markets, maintain competitive distribution channels, or avoid dependency on a single agent. The agreement must comply with Danish law, particularly the Commercial Agents Act (Handelsagentloven) which implements EU Directive 86/653/EEC, and includes provisions for commission, territory definition, agent's duties, principal's obligations, termination rights, and mandatory compensation requirements. It's commonly used in cross-border commercial relationships where the principal wants to maintain control over their distribution strategy while benefiting from local market expertise.
Suggested Sections

1. Parties: Identification of the Principal and Agent with full legal names, registration numbers, and addresses

2. Background: Context of the agreement including the Principal's business nature and desire to appoint a non-exclusive agent

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

4. Appointment and Scope: Clear statement of non-exclusive appointment and geographical territory

5. Agent's Rights and Obligations: Detailed responsibilities including promotion, reporting, and compliance with laws

6. Principal's Rights and Obligations: Principal's commitments including information provision and support

7. Non-Exclusivity Provisions: Explicit terms regarding non-exclusive nature and parallel appointments

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

9. Intellectual Property: Usage rights and restrictions regarding Principal's trademarks and materials

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Post-Termination: Rights and obligations after termination, including compensation requirements

13. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

14. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Minimum Performance Requirements: Include when specific sales targets or performance metrics are required

2. Sub-Agents: Include when the Agent may be permitted to appoint sub-agents

3. Data Protection: Include when personal data processing is involved in the agency activities

4. Non-Compete: Include when post-termination restrictions are desired (subject to Danish law limitations)

5. Insurance: Include when specific insurance requirements are needed

6. Training and Support: Include when specific training obligations exist

7. Marketing and Advertising: Include when specific marketing requirements or restrictions apply

8. Force Majeure: Include when specific force majeure provisions are desired beyond standard Danish law

Suggested Schedules

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

2. Schedule 2 - Products/Services: Comprehensive list of products or services covered by the agency

3. Schedule 3 - Commission Rates: Detailed commission structure, calculations, and examples

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

5. Schedule 5 - Trademark Usage Guidelines: Guidelines for use of Principal's trademarks and branding

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Minimum Stock Requirements: If applicable, details of stock or sample requirements

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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