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1. Parties: Identification of all parties to the agreement, including their legal status and contact details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement, including 'Sales,' 'Commission,' 'Territory,' etc.
4. Appointment and Scope: Description of the sales relationship and territorial scope
5. Commission Structure: Basic framework for commission calculations and splits between parties
6. Payment Terms: Timing and method of commission payments, including currency and payment procedures
7. Reporting Requirements: Sales reporting obligations, frequency, and format requirements
8. Term and Termination: Duration of the agreement and termination provisions
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling procedures
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
12. Entire Agreement: Integration clause and relationship to other agreements
1. Non-Compete: Restrictions on competitive activities, used when parties want to prevent competition during and after the agreement
2. Training and Support: Details of any training or support provided, included when one party provides sales training
3. Minimum Performance Requirements: Sales targets and consequences of not meeting them, used when specific performance levels are required
4. Insurance Requirements: Mandatory insurance coverage, included when specific risk protection is needed
5. Marketing and Branding: Guidelines for marketing activities and brand usage, relevant when sales activities involve brand representation
6. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer mediation before litigation
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements
1. Commission Calculation Schedule: Detailed breakdown of commission percentages, tiers, and calculation methods
2. Product Schedule: List of products or services covered by the commission agreement
3. Territory Schedule: Detailed description of geographical or customer territories
4. Reporting Template: Standard format for sales and commission reports
5. Performance Metrics: Detailed KPIs and measurement criteria
6. Approved Marketing Materials: Templates and guidelines for sales materials
7. Contact Details: List of key contacts and escalation procedures
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