The Sole Agency Agreement is a crucial document for businesses operating in Belgium who wish to appoint an exclusive commercial agent to represent their interests in a specific territory. This agreement type is governed by the Belgian Law on Commercial Agency Agreements of 1995, which implements EU Directive 86/653/EEC, providing strong protective measures for commercial agents. The document is typically used when a company wants to ensure dedicated representation in a particular market while maintaining control over their distribution strategy. It includes essential provisions for commission calculations, territory definitions, performance expectations, and mandatory requirements regarding notice periods and post-termination compensation. The agreement must comply with both Belgian national law and EU regulations, particularly regarding agent protection and termination rights.
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1. Parties: Identification of the Principal and the Agent, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including brief description of the Principal's business and the purpose of appointing an exclusive agent
3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Products', 'Customers', 'Commission', and other relevant terms
4. Appointment and Scope: Express appointment of the agent as sole agent, defining exclusivity terms and territorial scope
5. Duration and Termination: Term of the agreement (fixed or indefinite) and termination provisions in compliance with Belgian law
6. Agent's Rights and Obligations: Detailed description of agent's duties, reporting requirements, and performance standards
7. Principal's Rights and Obligations: Principal's commitments, support obligations, and information provision requirements
8. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission entitlement
9. Intellectual Property: Usage rights and restrictions regarding the Principal's trademarks and other IP
10. Confidentiality: Provisions protecting confidential information and trade secrets
11. Post-Termination Provisions: Including indemnity or compensation requirements under Belgian law, and return of materials
12. Governing Law and Jurisdiction: Explicit reference to Belgian law and competent courts
1. Non-Compete Clause: Optional restrictions on agent's activities during and after the agreement, subject to Belgian law limitations
2. Performance Targets: Specific sales or performance goals, if applicable to the relationship
3. Training and Support: Details of training and support provided by the Principal, if extensive support is part of the relationship
4. Insurance Requirements: Specific insurance obligations for the agent, if required for the particular industry
5. Data Protection: GDPR compliance provisions, if personal data processing is involved
6. Sub-Agents: Provisions regarding the appointment of sub-agents, if permitted
7. Marketing and Promotion: Specific obligations regarding marketing activities and cost allocation
8. Force Majeure: Provisions for unforeseen circumstances affecting performance
1. Schedule 1 - Territory Definition: Detailed description or map of the exclusive territory
2. Schedule 2 - Products/Services: Complete list of products or services covered by the agency agreement
3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type
4. Schedule 4 - Reporting Templates: Standard forms for regular activity reporting
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria if applicable
6. Appendix A - Operating Procedures: Detailed operational guidelines and procedures
7. Appendix B - Approved Marketing Materials: Templates or guidelines for marketing materials
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