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Sales Commission Agent Agreement for Belgium

Sales Commission Agent Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes and regulates the relationship between a principal company and a commercial sales agent. This document complies with the Belgian Commercial Agency Law of 13 April 1995 and EU Directive 86/653/EEC, outlining the terms under which an independent agent will promote and sell products or services on behalf of the principal in exchange for commission. The agreement covers essential elements including appointment terms, territory definition, commission structure, rights and obligations of both parties, reporting requirements, and termination provisions in accordance with Belgian legal requirements.

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Sales Commission Agent Agreement

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What is a Sales Commission Agent Agreement?

The Sales Commission Agent Agreement is essential for businesses operating in Belgium that wish to expand their sales reach through independent commercial agents. This document type is specifically designed to comply with Belgian Commercial Agency Law and relevant EU directives, providing a structured framework for the principal-agent relationship. It is particularly important as Belgian law provides specific protections for commercial agents, including mandatory provisions regarding notice periods, commission calculations, and post-termination compensation. The agreement should be used when a company wants to engage an independent agent to promote and sell their products or services in a defined territory, without creating an employment relationship. It includes detailed provisions on commission structures, performance expectations, territorial rights, reporting obligations, and termination conditions, all aligned with Belgian legal requirements.

What sections should be included in a Sales Commission Agent Agreement?

1. Parties: Identification of the Principal and the Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the Principal's business and the purpose of appointing the Agent

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

4. Appointment and Scope: Formal appointment of the Agent, specification of exclusive/non-exclusive nature, and territorial scope

5. Agent's Rights and Obligations: Detailed description of the Agent's duties, including promotion of sales, customer relations, reporting requirements, and compliance obligations

6. Principal's Rights and Obligations: Principal's duties including providing information, materials, and support to the Agent

7. Commission Structure: Detailed provisions on commission rates, calculation methods, and timing of commission payments

8. Payment Terms: Terms for commission payment, including payment periods, currency, and payment methods

9. Reporting and Accounting: Requirements for sales reporting, commission statements, and record-keeping

10. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP during the agency

11. Confidentiality: Obligations regarding confidential information and trade secrets

12. Duration and Termination: Term of agreement, notice periods, and grounds for termination as per Belgian law

13. Post-Termination: Rights and obligations after termination, including compensation and indemnity requirements under Belgian law

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

What sections are optional to include in a Sales Commission Agent Agreement?

1. Non-Compete Obligations: Post-termination restrictions on competition, used when protecting customer relationships is crucial (must comply with Belgian law limitations)

2. Performance Targets: Specific sales targets or KPIs, used when the Principal wants to set measurable performance standards

3. Sub-Agents: Rules regarding the appointment of sub-agents, used when the Agent may need to delegate responsibilities

4. Data Protection: GDPR compliance provisions, required when personal data processing is involved

5. Insurance Requirements: Specific insurance obligations, used when the nature of products/services requires particular coverage

6. Training and Support: Details of training programs and ongoing support, used for complex products or services

7. Marketing and Advertising: Specific provisions regarding marketing activities and materials, used when Agent has significant marketing responsibilities

8. Stock Handling: Provisions for handling inventory, used when Agent maintains product stock

What schedules should be included in a Sales Commission Agent Agreement?

1. Schedule 1 - Products: List of products or services covered by the agency agreement

2. Schedule 2 - Territory: Detailed description of the geographical territory, including any excluded areas

3. Schedule 3 - Commission Rates: Detailed commission structure, including any variations by product or customer type

4. Schedule 4 - Reporting Ƶ: Standard forms for sales reports and commission calculations

5. Schedule 5 - Customer List: List of existing customers and any special arrangements (if applicable)

6. Schedule 6 - Sales Targets: Specific performance targets and evaluation criteria (if applicable)

7. Schedule 7 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

8. Appendix A - Code of Conduct: Guidelines for professional conduct and business practices

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Document Type

Contract to Sell

Cost

Free to use
Relevant legal definitions


















































Clauses








































Relevant Industries

Manufacturing

Wholesale Trade

Retail

Technology and Software

Industrial Equipment

Consumer Goods

Professional Services

Financial Services

Real Estate

Telecommunications

Medical Devices

Pharmaceuticals

Fashion and Apparel

Automotive

Construction Materials

Relevant Teams

Sales

Legal

Business Development

Commercial Operations

Compliance

Contract Administration

Finance

Executive Leadership

International Business

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Regional Sales Manager

Channel Manager

Sales Agent

Commercial Agent

Territory Manager

Chief Commercial Officer

Compliance Officer

General Counsel

Managing Director

Industries








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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