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International Commercial Agency Contract

International Commercial Agency Contract
Pages: 13 + 4 (User Guide)
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Language: English
50,00 €

Model of a contract specially developed for activities requiring a commercial agent to promote the sale of goods in foreign markets. The model is drafted in such a way that it may be easily adapted to the needs of each activity and type of agent.

In this contract, one party (Principal) asks other party, either a person or a company (Agent) to carry out the promotion of international trade transactions for a continuous period of time as an independent intermediary without assuming liability for those transactions. The Intermediary receives payment exclusively through commission on transactions which are completed successfully, and in some cases certain costs – for example business trips or promotional activities – may be taken into account.

In the most important aspects of the contract (exclusivity, objectives, amounts to be paid and calculation of commissions, information, rescission, damages, etc.) a number of alternatives have been suggested in order that the most appropriate version may be chosen for the purposes of whoever writes up the contract (Principal or Agent).

The contract has been drawn up according to commercial practices about agency contracts recognized in local laws. Furthermore, it complies with the UNIDROIT Principles of International Commercial Contracts and refers to European Commission Directive 86/653 about agency contracts.

The contract also includes an optional clause on sales made through Internet to clients established in the Territory of the Agent.

The language of this contract is English. It is also available in German, French, Spanish and in a bilingual English-Chinese version.

This is a model of International Commercial Agency Contract suitable for companies and/or professionals based in different countries. If the Principal and the Agent are based in the same country the Commercial Agency Contract should be used.

Index of the Contract


1. Products and Territory
2. Functions of the Agent
3. Acceptance of Orders
4. Obligation to meet a minimum sales objective
5. Exclusivity
6. Sales Through The Internet
7. Commitment not to compete
8. Obligation to inform the Principal
9. Obligation to inform the Agent
10. Confidentiality

11. Subagents
12. Prohibition of other Territories
13. Trade Marks, Brand names, logos and other Intellectual Property Rights
14. Technical support
15. After-sales service and maintenance
16. Advertising and publicity
17. Financial responsibility of the Agent
18. The Agent’s Commission
19. Calculating Commission
20. Reduced Commission

21. Margin of negotiation and discounts

22. Currency of commission payment
23. Exchange rate applicable to commission
24. Date of payment of commission
25. Transactions with entitlement to commission
26. Commission for transactions after completion of contract
27. Sales expenses and travel costs
28. Taxation
29. Termination of contract
30. Compensation for termination
31. Term of contract
32. Return of samples and advertising material
33. Amendments
34. Granting of rights to third parties
35. Applicable law and competent jurisdiction
36. Language