Sales Partner Agreement

Sales Partner Agreement Template for Denmark

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Document background

The Sales Partner Agreement is a crucial document for businesses looking to expand their sales reach through partnership arrangements in Denmark. It is particularly relevant when a company (the principal) wishes to engage a third party (the sales partner) to promote and sell their products or services in specified territories. This agreement type must comply with Danish legal requirements, including the Danish Commercial Agents Act (Handelsagentloven) and relevant EU regulations. The document covers essential aspects such as commission structures, territorial rights, performance metrics, and termination provisions, while ensuring adequate protection for both parties under Danish law. It's commonly used in various commercial sectors and can be adapted for different types of sales relationships, including exclusive and non-exclusive arrangements, while maintaining compliance with Danish and EU competition laws.

Suggested Sections

1. Parties: Identification and details of the contracting parties - the principal company and the sales partner

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Territory: Scope of appointment, territorial rights, and exclusivity status

5. Rights and Obligations of Sales Partner: Detailed responsibilities, performance standards, and conduct requirements

6. Rights and Obligations of Principal: Principal's commitments, support provisions, and obligations

7. Products and Pricing: Overview of products/services covered and pricing mechanisms

8. Commissions and Payment Terms: Commission structure, calculation method, payment terms, and reporting

9. Intellectual Property Rights: Usage rights for trademarks, logos, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Non-Competition and Non-Solicitation: Competitive restrictions during and after the agreement

13. Term and Termination: Duration, renewal, and termination provisions

14. Consequences of Termination: Post-termination obligations and rights

15. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

16. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments

Optional Sections

1. Performance Targets: Include when specific sales targets or KPIs are part of the agreement

2. Marketing and Promotion: Include when the partner has specific marketing responsibilities or restrictions

3. Training and Support: Include when the principal provides specific training programs or support services

4. Stock Requirements: Include when the partner needs to maintain inventory

5. Insurance: Include when specific insurance requirements are necessary

6. Bank Guarantee: Include when financial security is required from the partner

7. Compliance with Anti-Corruption Laws: Include for international partnerships or when dealing with public sector

8. Sub-Contractors: Include when the partner may need to engage sub-contractors

Suggested Schedules

1. Product List: Detailed list of products/services covered by the agreement

2. Commission Structure: Detailed breakdown of commission rates and calculation methods

3. Territory Definition: Detailed description of geographical territory and any excluded areas

4. Performance Metrics: Specific KPIs and measurement criteria

5. Technical Requirements: Technical specifications and standards to be maintained

6. Marketing Guidelines: Detailed marketing and branding requirements

7. Service Level Agreement: Specific service standards and response times

8. Data Processing Agreement: Detailed GDPR-compliant data processing terms

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