Exclusive Agency Contract Template for Denmark

The Exclusive Agency Contract is a crucial document used when a company (principal) wishes to appoint an exclusive representative (agent) to promote and sell their products or services in a specific territory in Denmark or from Denmark to other markets. This agreement type is governed by Danish law, specifically the Danish Commercial Agents Act (Handelsagentloven) which implements EU Directive 86/653/EEC. The document is essential for businesses expanding their market presence through local representatives while maintaining control over their distribution channels. It includes detailed provisions on exclusivity rights, commission structures, performance requirements, territory definitions, and compliance with both Danish and EU regulations. The agreement is particularly important as it provides legal certainty and clear frameworks for both parties, considering the significant investments often made by agents in developing markets for principals.

1. Parties: Identification of the Principal and the Agent, 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 an exclusive agency relationship

3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Products, Customers, etc.

4. Appointment and Scope: Explicit statement of the Agent's appointment as exclusive agent, including the territorial scope and product/service range

5. Exclusivity Terms: Detailed provisions regarding the exclusive nature of the appointment and any limitations

6. Agent's Rights and Obligations: Comprehensive list of the Agent's duties, responsibilities, and rights, including marketing, customer service, and reporting obligations

7. Principal's Rights and Obligations: Principal's commitments, including support, training, and information provision to the Agent

8. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

9. Intellectual Property Rights: Provisions regarding the use of trademarks, logos, and other IP during and after the agreement

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

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

13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for dispute resolution