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Non Exclusive Agency Agreement for the Netherlands

Non Exclusive Agency Agreement Template for Netherlands

A Non-Exclusive Agency Agreement governed by Dutch law establishes a commercial relationship where an agent represents a principal in promoting and selling products or services, without exclusivity restrictions. The agreement complies with Dutch Civil Code provisions regarding commercial agency (Burgerlijk Wetboek) and EU agency regulations, while allowing both parties flexibility to maintain other business relationships. It details commission structures, territorial scope, representation rights, and obligations of both parties, incorporating mandatory Dutch legal requirements regarding notice periods and agent protection.

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Non Exclusive Agency Agreement

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What is a Non Exclusive Agency Agreement?

The Non-Exclusive Agency Agreement is essential for businesses seeking flexible commercial representation in the Netherlands and potentially wider European markets. This document is particularly useful when a company wants to appoint an agent while maintaining the freedom to work with multiple representatives or direct sales channels. It includes comprehensive provisions for commission structures, territorial rights, and performance expectations, while ensuring compliance with Dutch agency laws and EU regulations. The agreement is structured to protect both parties' interests while maintaining the flexibility of a non-exclusive relationship, making it suitable for various business models and market entry strategies. It incorporates mandatory provisions required under Dutch law regarding agent protection, notice periods, and post-termination obligations, while clearly establishing the non-exclusive nature of the relationship.

What sections should be included in a Non Exclusive Agency Agreement?

1. Parties: Identification of the Principal and Agent with full legal names and registered addresses

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

3. Definitions: Key terms used throughout the agreement, including Products, Territory, Customers, and Commission

4. Appointment and Scope: Clear statement of non-exclusive appointment, territory, and products/services covered

5. Agent's Rights and Obligations: Detailed responsibilities including promotion, reporting, and compliance with laws

6. Principal's Rights and Obligations: Support, information, and materials to be provided to the Agent

7. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission entitlement

8. Non-Exclusivity Provisions: Explicit terms regarding parallel appointments and Agent's right to represent other principals

9. Intellectual Property: Usage rights and restrictions regarding Principal's trademarks and materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration, renewal, and termination provisions compliant with Dutch law

12. Post-Termination: Obligations and rights after termination, including compensation and client information

13. General Provisions: Standard clauses including notices, amendments, and governing law

What sections are optional to include in a Non Exclusive Agency Agreement?

1. Minimum Performance Requirements: Optional targets and performance metrics, used when specific sales or activity levels are desired

2. Sub-Agents: Include when the Agent may be permitted to appoint sub-agents

3. Insurance: Required when specific insurance coverage is needed for the Agent's activities

4. Data Protection: Include when personal data processing is involved in the agency activities

5. Non-Solicitation: Optional restrictions on soliciting customers or employees, if permitted under local law

6. Training and Support: Include when specific training or support programs are provided by the Principal

7. Marketing and Advertising: Include when specific marketing obligations or restrictions apply

What schedules should be included in a Non Exclusive Agency Agreement?

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agreement

2. Schedule 2 - Territory: Detailed description or map of the geographical territory

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

4. Schedule 4 - Reporting Requirements: Ƶ and timing for required reports

5. Schedule 5 - Principal's Materials: List of materials, samples, and documentation provided by Principal

6. Appendix A - Operating Procedures: Detailed procedures for order processing and customer handling

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Netherlands

Publisher

Ƶ

Document Type

Agency Agreement

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

Healthcare Products

Agriculture and Food

Automotive

Construction Materials

Fashion and Apparel

Electronics

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Contract Management

Compliance

International Trade

Corporate Affairs

Business Operations

Strategy

Relevant Roles

Commercial Director

Sales Manager

Business Development Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Managing Director

Sales Director

Channel Manager

Operations Manager

Chief Executive Officer

Regional Sales Manager

Commercial Manager

Procurement Manager

General Counsel

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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