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Sales Representative Agreement for Belgium

Sales Representative Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes and regulates the relationship between a company (Principal) and a Sales Representative. The document complies with the Belgian Commercial Agency Law of 1995 and addresses crucial aspects such as territory definition, commission structures, performance expectations, and termination provisions. It includes mandatory protections for sales representatives under Belgian law, including goodwill indemnity rights, and incorporates essential GDPR compliance measures for handling customer data.

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What is a Sales Representative Agreement?

The Sales Representative Agreement is essential for businesses operating in Belgium who wish to engage sales representatives to promote and sell their products or services. This document is specifically structured to comply with Belgian Commercial Agency Law, which provides significant protections for sales representatives, including mandatory notice periods and goodwill indemnity upon termination. The agreement should be used when a company wants to establish a formal relationship with a sales representative without creating an employment relationship. It covers crucial elements such as territory rights, commission calculations, performance expectations, reporting requirements, and confidentiality obligations. The document is particularly important as Belgian law provides specific mandatory provisions that cannot be contracted out of, making it distinct from similar agreements in other jurisdictions.

What sections should be included in a Sales Representative Agreement?

1. Parties: Identification and details of the Principal and Sales Representative, including registration numbers and addresses

2. Background: Context of the agreement and brief description of the parties' businesses

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Territory: Scope of appointment, designated territory, and exclusivity status

5. Rights and Obligations of the Sales Representative: Core duties, reporting requirements, and performance standards

6. Rights and Obligations of the Principal: Principal's commitments, support obligations, and information provision requirements

7. Commission Structure: Calculation method, payment terms, and conditions for commission earnings

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

9. Post-Termination Rights and Obligations: Including goodwill indemnity requirements under Belgian law

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution procedures

What sections are optional to include in a Sales Representative Agreement?

1. Non-Compete Clause: Used when restricting post-termination competitive activities, subject to Belgian law limitations

2. Performance Targets: Include when specific sales targets or KPIs are essential to the relationship

3. Training and Support: When specific training or support arrangements need to be formalized

4. Sub-agents: Include when the Sales Representative may appoint sub-agents

5. Insurance Requirements: When specific insurance coverage is required

6. Marketing and Advertising: When the Representative has specific marketing responsibilities or restrictions

7. Stock Holding: If the Representative will maintain inventory or sample stock

8. Intellectual Property: When there's significant use of trademarks or other IP rights

What schedules should be included in a Sales Representative Agreement?

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

2. Schedule 2 - Territory Description: Detailed description of geographical territory and any exclusions

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

4. Schedule 4 - Reporting Ƶ: Standard forms for activity reports and sales reporting

5. Schedule 5 - Performance Targets: Specific sales targets and measurement criteria

6. Schedule 6 - Operating Procedures: Detailed procedures for order processing, customer service, and other operational matters

7. Appendix A - Sample Customer Contract: Standard terms for customer contracts if the Representative has authority to conclude contracts

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

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Manufacturing

Consumer Goods

Industrial Equipment

Technology

Pharmaceuticals

Food and Beverage

Automotive

Construction Materials

Chemicals

Electronics

Fashion and Apparel

Medical Devices

Software and IT

Telecommunications

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Compliance

Human Resources

Finance

Contract Administration

Regional Management

Channel Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

Contracts Manager

Sales Operations Manager

Territory Manager

Regional Sales Manager

Chief Commercial Officer

Sales Representative

Account Manager

Channel Manager

Distribution Manager

Compliance Officer

HR 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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