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Independent Sales Consultant Agreement

Independent Sales Consultant Agreement Template for Denmark

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Independent Sales Consultant Agreement

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Document background
The Independent Sales Consultant Agreement is designed for businesses operating under Danish jurisdiction that wish to engage external sales professionals on a non-employment basis. This document is essential when companies seek to expand their sales capacity without increasing their permanent workforce, particularly in scenarios requiring specialized market knowledge or industry expertise. The agreement comprehensively addresses key aspects including commission structures, performance expectations, territorial rights, and compliance with Danish commercial and tax laws. It is specifically structured to maintain clear independent contractor status while providing robust protection for the company's intellectual property and confidential information. The document is particularly relevant for businesses expanding into new markets or product lines where flexible sales representation is required.
Suggested Sections

1. Parties: Identification of the company and the independent sales consultant, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the business relationship being established

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Appointment and Scope: Terms of the consultant's appointment and detailed description of services to be provided

5. Independent Contractor Status: Clear statement of the consultant's status as an independent contractor and not an employee

6. Consultant's Obligations: Detailed responsibilities, performance standards, and conduct requirements

7. Company's Obligations: Company's commitments, including support, information, and resources to be provided

8. Compensation and Payment Terms: Commission structure, payment schedule, expense policies, and invoicing requirements

9. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party

10. Confidentiality: Protection of confidential information and trade secrets

11. Intellectual Property: Ownership and usage rights of IP created during the engagement

12. Data Protection: GDPR compliance and data handling requirements

13. Limitation of Liability: Limits on parties' liability and indemnification provisions

14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when the consultant will have access to sensitive market information or significant customer relationships

2. Non-Solicitation: Restrictions on soliciting company's customers or employees, used when the consultant has significant customer or employee contact

3. Insurance Requirements: Specific insurance coverage requirements, used when the nature of services involves significant risks

4. Performance Targets: Specific sales targets or KPIs, used when compensation is tied to performance metrics

5. Training and Support: Details of training provided by the company, used when specific product knowledge or certification is required

6. Territory and Exclusivity: Geographic or customer segment restrictions, used when territorial rights are being granted

7. Compliance Requirements: Industry-specific compliance obligations, used in regulated industries

8. Marketing and Branding: Guidelines for using company's brand and marketing materials, used when consultant represents company to customers

Suggested Schedules

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Schedule 2 - Territory/Customer Assignment: Specific geographic areas or customer accounts assigned to the consultant

3. Schedule 3 - Products and Services: List of products/services the consultant is authorized to sell

4. Schedule 4 - Reporting Requirements: Templates and specifications for required sales reports and documentation

5. Schedule 5 - Company Policies: Relevant company policies the consultant must comply with

6. Appendix A - Sales Process Guidelines: Step-by-step guide to company's sales process and requirements

7. Appendix B - Expense Policy: Detailed guidelines on allowable expenses and reimbursement procedures

8. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms and requirements

Authors

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Clauses
Appointment
Scope of Services
Independent Contractor Status
Term
Termination
Commission
Payment Terms
Performance Requirements
Reporting Obligations
Territory Rights
Non-Competition
Non-Solicitation
Confidentiality
Data Protection
Intellectual Property
Representations and Warranties
Indemnification
Insurance
Force Majeure
Assignment
Amendments
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Compliance
Training and Support
Marketing and Branding
Record Keeping
Audit Rights
Company Property
Customer Relationships
Sales Process
Expenses
Tax Obligations
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing formation and validity of contracts in Denmark, essential for establishing the basic framework of the consulting agreement
Danish Act on Independent Business Relationships (Lov om visse arbejdsforhold i landbruget m.v.): Defines criteria for independent contractor status versus employee relationships, crucial for properly structuring the consultancy arrangement
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing and sales practices, relevant for defining acceptable sales practices and methods for the consultant
Danish Competition Act (Konkurrenceloven): Governs competition law aspects, particularly relevant for non-compete clauses and market behavior restrictions
Danish Data Protection Act (Databeskyttelsesloven): Implementation of GDPR in Denmark, crucial for handling customer data and information management
Danish VAT Act (Momsloven): Regulates VAT obligations for independent contractors and businesses, essential for proper invoicing and tax compliance
Danish Commercial Agents Act (Handelsagentloven): While not directly applicable to all independent sales consultants, provides relevant framework for sales representation relationships
Danish Bookkeeping Act (Bogføringsloven): Specifies record-keeping requirements for business activities, relevant for the consultant's obligations to maintain proper business records
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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