Representation Agreement Template for Denmark

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Representation Agreement

Document background

The Representation Agreement is a crucial document used when a business (principal) wishes to appoint another party (representative) to act on their behalf in specified business activities within Denmark or internationally. This agreement type is particularly important in the Danish business context, where it must comply with both local commercial laws and EU regulations. The document typically covers essential aspects such as appointment terms, territorial rights, commission structures, and performance expectations. A well-drafted Representation Agreement is vital for businesses expanding their reach through agents or representatives, as it provides clear guidelines and protections for both parties while ensuring compliance with Danish legal requirements, including the Danish Commercial Agents Act and related regulations.

Suggested Sections

1. Parties: Identification and details of the Principal and the Representative

2. Background: Context of the agreement and general business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of representation

5. Territory and Exclusivity: Geographical scope and whether representation is exclusive

6. Representative's Rights and Obligations: Detailed responsibilities and authorities of the representative

7. Principal's Rights and Obligations: Obligations of the principal including support and information provision

8. Compensation and Payment Terms: Fee structure, commission rates, payment terms and conditions

9. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and termination provisions

12. Post-Termination: Obligations and rights after agreement termination

13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Performance Targets: Used when specific sales or performance targets are required

2. Training and Support: Include when the principal provides specific training or support services

3. Marketing and Promotion: When representative has specific marketing responsibilities or restrictions

4. Compliance: When representation involves regulated activities or specific compliance requirements

5. Insurance: When specific insurance coverage is required

6. Data Protection: When personal data processing is part of the representation activities

7. Non-Competition: When restrictions on competing activities are needed

8. Sub-Agents: When the ability to appoint sub-agents needs to be addressed

Suggested Schedules

1. Territory Description: Detailed description of geographical territory and any exclusions

2. Commission Structure: Detailed breakdown of commission rates and calculation methods

3. Products/Services: List of products or services covered by the representation

4. Reporting Templates: Standard forms for activity reporting and commission calculations

5. Performance Metrics: Detailed KPIs and measurement criteria

6. Trademark Usage Guidelines: Rules and guidelines for using principal's trademarks

7. Contact Details: Key contact persons and communication protocols

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