The Representation Agreement is a crucial document for businesses operating in Ireland who wish to appoint representatives or agents to act on their behalf in specific territories or markets. This agreement type is particularly important given Ireland's position as a gateway to European markets and its strong international trade relationships. The document must comply with Irish law, specifically the Commercial Agents (Regulation) Act 1994, which implements EU Directive 86/653/EEC, and other relevant Irish commercial legislation. It typically includes detailed provisions on the scope of authority, territory definitions, commission structures, performance expectations, and termination rights. The agreement is essential for protecting both the principal's business interests and the representative's rights, while ensuring clear communication channels and reporting structures between parties.
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1. Parties: Identifies and provides full legal details of the principal and the representative
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Details the nature of the appointment and the representative's authorized scope of activities
5. Territory: Defines the geographical area where the representative is authorized to act
6. Duration: Specifies the term of the agreement, including start date and whether fixed-term or ongoing
7. Representative's Duties: Lists the specific obligations and responsibilities of the representative
8. Principal's Duties: Outlines the obligations of the principal, including support and information provision
9. Remuneration: Details the compensation structure, including commission rates and payment terms
10. Reporting Requirements: Specifies the representative's reporting obligations and frequency
11. Confidentiality: Sets out obligations regarding confidential information
12. Intellectual Property: Addresses ownership and usage of intellectual property
13. Termination: Details circumstances and procedures for ending the agreement
14. Post-Termination: Specifies obligations and restrictions after the agreement ends
15. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement
1. Non-Compete: Restrictions on competitive activities during and after the agreement - include when protecting market position is crucial
2. Data Protection: Specific GDPR compliance provisions - include when personal data processing is involved
3. Training and Support: Details of training provided by principal - include for complex products/services
4. Minimum Performance Requirements: Specific targets or KPIs - include when performance benchmarks are necessary
5. Insurance: Insurance requirements - include when representative's activities carry significant risks
6. Sub-Agents: Rules regarding appointment of sub-agents - include when sub-delegation might be needed
7. Marketing and Advertising: Guidelines for promotional activities - include when representative will conduct marketing
8. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-value agreements
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the representation
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates and calculation methods
3. Schedule 3 - Territory Description: Detailed description or map of the authorized territory
4. Schedule 4 - Reporting Templates: Standard forms for required reports and documentation
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria
6. Appendix A - Approved Marketing Materials: Pre-approved marketing materials and guidelines
7. Appendix B - Contact Details: Key contact information for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Technology
Financial Services
Professional Services
Healthcare
Consumer Goods
Industrial Products
Software and IT
Telecommunications
Real Estate
Pharmaceutical
Agriculture
Energy
Relevant Teams
Legal
Sales
Commercial
Business Development
Operations
Compliance
Finance
Contract Administration
International Business
Distribution
Relevant Roles
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Regional Sales Manager
Channel Manager
Distribution Manager
Chief Executive Officer
Managing Director
Operations Director
Compliance Officer
Sales Representative
Agency Manager
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