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Sales Broker Agreement
"I need a Sales Broker Agreement for appointing an exclusive broker to sell our industrial machinery in Bavaria, Germany, with a minimum sales target of €2M per quarter and detailed commission structure based on product categories."
1. Parties: Identification of the principal company and the broker, including full legal names, registration details, and addresses
2. Background: Brief context of the agreement and the parties' intention to enter into a broker relationship
3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Customers', 'Commission', etc.
4. Appointment and Scope: Terms of broker's appointment, whether exclusive or non-exclusive, and definition of the territory and products/services covered
5. Broker's Rights and Obligations: Detailed description of the broker's responsibilities, including marketing, customer service, and reporting requirements
6. Principal's Rights and Obligations: Principal's commitments regarding product information, support, and training
7. Commission Structure: Detailed explanation of commission calculations, payment terms, and conditions for commission eligibility
8. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP belonging to the principal
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination
11. Post-Termination Obligations: Obligations and restrictions that survive termination, including return of materials and ongoing confidentiality
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Compete Obligations: Restrictions on broker's activities with competing products/services (only when required and ensuring compliance with German competition law)
2. Minimum Performance Requirements: Specific sales targets or performance metrics, if applicable to the relationship
3. Training and Support: Detailed provisions about training programs and ongoing support when significant product knowledge is required
4. Insurance Requirements: Specific insurance obligations for the broker, particularly relevant for high-value products or regulated industries
5. Data Protection Compliance: Detailed GDPR compliance requirements when personal data processing is a significant part of the broker's activities
6. Sub-Brokers: Terms governing the appointment and management of sub-brokers if allowed
1. Schedule 1 - Products and Services: Detailed list of products/services the broker is authorized to promote
2. Schedule 2 - Commission Rates and Calculation Method: Detailed commission structure, including any variations by product type or customer category
3. Schedule 3 - Territory Definition: Detailed description or map of the geographical territory covered by the agreement
4. Schedule 4 - Reporting Requirements: Templates and specifications for regular reports required from the broker
5. Appendix A - Authorized Trademarks and Marketing Materials: List of approved trademarks, logos, and marketing materials the broker may use
6. Appendix B - Standard Operating Procedures: Detailed procedures for order processing, customer service, and other operational matters
Authors
Applicable Laws
Business Day
Commission
Confidential Information
Customers
Effective Date
Force Majeure
Initial Term
Intellectual Property Rights
Net Sales
Order
Principal
Products
Purchase Price
Qualified Lead
Renewal Term
Sales Target
Services
Sub-broker
Territory
Trade Marks
Valid Order
Working Hours
Minimum Performance Requirements
Quarter
Reporting Period
Sales Documentation
Termination Date
Authorized Representative
Competing Products
Customer Data
Marketing Materials
Payment Terms
Professional Standards
Related Company
Required Insurances
Contract Year
Commission Period
Performance Metrics
Broker Portal
Authority and Scope
Territory
Exclusivity
Commission
Payment Terms
Performance Requirements
Obligations of Principal
Obligations of Broker
Reporting Requirements
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Training and Support
Marketing and Promotion
Compliance with Laws
Record Keeping
Audit Rights
Insurance
Warranties and Representations
Limitation of Liability
Force Majeure
Term
Termination
Post-Termination Obligations
Assignment
Sub-contracting
Notices
Entire Agreement
Severability
Waiver
Amendments
Governing Law
Dispute Resolution
Indemnification
Relationship of Parties
Third Party Rights
Costs
Counterparts
Manufacturing
Technology and Software
Consumer Goods
Industrial Equipment
Professional Services
Real Estate
Financial Services
Healthcare
Automotive
Energy and Utilities
Telecommunications
Construction
Agriculture
Legal
Sales
Business Development
Commercial Operations
Compliance
Finance
Partner Relations
Contract Administration
Executive Leadership
Risk Management
Sales Director
Business Development Manager
Legal Counsel
Commercial Director
Channel Manager
Sales Operations Manager
Contract Manager
Chief Commercial Officer
Regional Sales Manager
Partner Relations Manager
Compliance Officer
Chief Executive Officer
Sales Representative
Business Development Director
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