The Representation Agreement is a crucial document used when a business (Principal) wishes to appoint another party (Representative) to act on its behalf in a specified territory under Belgian law. This type of agreement is particularly important in commercial relationships where one party needs local representation or wants to expand their market presence through an agent or representative. The document must comply with Belgian legal requirements, particularly the Law of 13 April 1995 on Commercial Agency Agreements and relevant EU regulations. It typically includes detailed provisions on the scope of representation, territory, commission structure, performance requirements, and termination rights. The agreement also addresses important aspects such as intellectual property protection, confidentiality obligations, and post-termination arrangements, making it essential for businesses expanding their operations through representatives in Belgium or under Belgian jurisdiction.
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1. Parties: Identification and details of the Principal and Representative, including registered offices and company registration numbers
2. Background: Context of the agreement and brief description of the parties' businesses and their intention to enter into a representation relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, exclusivity status, and detailed scope of representation
5. Territory: Geographic area where the Representative is authorized to act
6. Duration and Term: Period of the agreement, including start date and whether fixed-term or indefinite
7. Representatives Rights and Obligations: Detailed responsibilities, duties, and rights of the Representative
8. Principals Rights and Obligations: Detailed responsibilities, duties, and rights of the Principal
9. Commission and Payment Terms: Structure of commission, calculation method, payment terms, and reporting requirements
10. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP during representation
11. Confidentiality: Obligations regarding confidential information and trade secrets
12. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term
13. Termination: Grounds for termination, notice periods, and consequences of termination
14. Post-Termination Obligations: Obligations and rights of both parties after termination, including compensation rights
15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
16. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Minimum Performance Requirements: Specific sales targets or performance metrics, used when the Principal wants to set concrete objectives
2. Sub-Representatives: Terms for appointing sub-representatives, if allowed
3. Insurance Requirements: Specific insurance obligations, particularly relevant for high-value representations
4. Data Protection: GDPR compliance terms, required when personal data processing is involved
5. Marketing and Promotion: Specific requirements for marketing activities and brand promotion
6. Training Requirements: Training obligations and procedures, relevant for technical products or services
7. Stock Requirements: Terms for maintaining inventory, relevant for product representation
8. Force Majeure: Provisions for extraordinary circumstances affecting performance
9. Anti-Corruption Compliance: Required for international representation or when dealing with public sector
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the representation agreement
2. Schedule 2 - Territory Description: Detailed description of the geographic territory, including any excluded areas
3. Schedule 3 - Commission Structure: Detailed commission calculations, rates, and examples
4. Schedule 4 - Reporting Templates: Standard forms for activity reporting and commission calculations
5. Schedule 5 - Principal's Trademarks: List of trademarks and usage guidelines
6. Appendix A - Contact Details: Key contact persons and communication protocols
7. Appendix B - Minimum Performance Criteria: Detailed performance targets and measurement methods
8. Appendix C - Operating Procedures: Day-to-day operational procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Professional Services
Financial Services
Healthcare
Consumer Goods
Industrial Products
Automotive
Pharmaceuticals
Telecommunications
Software and IT
Construction
Energy
Chemical Industry
Fashion and Luxury Goods
Food and Beverage
Electronics
Relevant Teams
Legal
Commercial
Sales
Business Development
Operations
Compliance
Finance
Contract Administration
Partner Management
International Operations
Distribution
Account Management
Relevant Roles
Commercial Director
Business Development Manager
Legal Counsel
Sales Director
Contract Manager
Chief Commercial Officer
Regional Sales Manager
Managing Director
Chief Executive Officer
Operations Director
Compliance Officer
General Counsel
Sales Representative
Account Manager
Channel Manager
Distribution Manager
Agency Manager
Partnership Manager
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