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Sales Partnership Agreement
"I need a Sales Partnership Agreement for my software company based in Vienna, appointing an exclusive sales partner to distribute our enterprise software solutions in the German-speaking regions of Austria, with a minimum annual sales target of 鈧2 million and a 20% commission structure, starting March 1, 2025."
1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' businesses and their intention to enter into a sales partnership
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, territory, and scope of the sales partnership
5. Duration and Termination: Term of the agreement, renewal provisions, and termination rights
6. Rights and Obligations of the Principal: Principal's commitments, including product supply, pricing, and support
7. Rights and Obligations of the Partner: Partner's commitments, including sales targets, reporting, and market development
8. Commission Structure: Details of commission rates, calculation methods, and payment terms
9. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP during the partnership
10. Confidentiality: Provisions for handling confidential information
11. Data Protection: GDPR compliance and data handling requirements
12. Non-Competition: Competition restrictions during and after the agreement
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. Notices: Process and addresses for formal communications between parties
1. Minimum Purchase Requirements: Used when the agreement includes specific purchase quotas or targets
2. Marketing and Promotion: Include when parties share marketing responsibilities and costs
3. Training and Support: Required when the principal provides specific training programs or support services
4. Stock Requirements: Include when the partner must maintain minimum stock levels
5. Insurance: Used when specific insurance requirements are necessary
6. Bank Guarantee: Include when financial security is required from the partner
7. Audit Rights: Used when the principal requires rights to audit partner's sales records
8. Force Majeure: Include specific force majeure provisions beyond standard Austrian law
9. Assignment and Subcontracting: Include when transfer rights need to be specifically regulated
1. Schedule 1 - Products: Detailed list of products covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographical territory and any exclusions
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Sales Targets: Specific sales targets and evaluation criteria
5. Schedule 5 - Reporting Templates: Standard forms for regular sales reporting
6. Schedule 6 - Technical Requirements: Technical specifications or requirements for product handling
7. Schedule 7 - Brand Guidelines: Guidelines for use of principal's branding and marketing materials
8. Appendix A - Contact Details: Key contact persons and their details for both parties
9. Appendix B - Compliance Requirements: Specific compliance requirements and procedures
Authors
Manufacturing
Technology
Consumer Goods
Industrial Equipment
Automotive
Healthcare
Electronics
Software
Retail
Pharmaceuticals
Construction Materials
Food and Beverage
Telecommunications
Professional Services
Chemical Industry
Legal
Sales
Business Development
Commercial
Operations
Compliance
Finance
International Business
Partner Relations
Contract Administration
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Chief Commercial Officer
Sales Operations Manager
Channel Partner Manager
Contract Manager
Chief Executive Officer
Managing Director
Head of Partnerships
Regional Sales Manager
Compliance Officer
General Counsel
Sales Account Manager
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