The Sub Agent Contract is essential in commercial arrangements where an existing agent wishes to delegate certain responsibilities to another party while maintaining the primary agency relationship with the principal. This document is specifically designed for use in the Netherlands and complies with Dutch agency laws, including the relevant provisions of the Dutch Civil Code (Burgerlijk Wetboek). It is typically used when expanding business operations, managing larger territories, or requiring specialized expertise in certain markets. The contract carefully balances the interests of all parties by clearly defining the scope of authority, commission structures, reporting requirements, and compliance obligations. It includes mandatory provisions required under Dutch law regarding termination rights, goodwill compensation, and post-contractual restrictions, while ensuring proper alignment with the main agency agreement.
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1. Parties: Identification of the Principal Agent and Sub-Agent, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including reference to the main agency agreement and reason for sub-agency appointment
3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Products, Principal, Commission, etc.
4. Appointment and Scope: Terms of appointment, scope of authority, and territory designation
5. Rights and Obligations of Sub-Agent: Detailed responsibilities, performance standards, and compliance requirements
6. Authority Limitations: Specific restrictions on the sub-agent's authority and actions requiring prior approval
7. Commission and Payment: Commission structure, calculation method, payment terms, and conditions
8. Reporting and Administration: Requirements for reporting, record-keeping, and administrative duties
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term
11. Term and Termination: Duration of agreement and grounds for termination
12. Post-Termination Obligations: Duties and restrictions following termination
13. General Provisions: Standard clauses including notices, amendments, governing law, etc.
1. Performance Targets: Specific sales or performance goals, used when the agreement is performance-based
2. Training Requirements: Mandatory training obligations, included when specific product knowledge is required
3. Marketing and Promotion: Guidelines for marketing activities, included when sub-agent has marketing responsibilities
4. Insurance Requirements: Specific insurance obligations, included for high-risk activities or valuable products
5. Data Protection: GDPR compliance requirements, included when personal data processing is involved
6. Intellectual Property: IP usage rights and restrictions, included when sub-agent needs to use principal's IP
7. Stock Handling: Rules for managing inventory, included when sub-agent handles physical products
8. Customer Service Standards: Required service levels, included for customer-facing roles
1. Schedule 1 - Territory Definition: Detailed description of geographical territory or market segment
2. Schedule 2 - Products and Services: Complete list of products/services covered by the agreement
3. Schedule 3 - Commission Structure: Detailed commission calculations, rates, and examples
4. Schedule 4 - Reporting Templates: Standard forms for regular reporting requirements
5. Schedule 5 - Performance Metrics: Specific KPIs and measurement criteria
6. Appendix A - Main Agency Agreement Extract: Relevant excerpts from the principal agency agreement
7. Appendix B - Compliance Procedures: Detailed compliance requirements and procedures
8. Appendix C - Operating Manual: Day-to-day operational procedures and guidelines
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