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Broker Intermediary Agreement
"I need a Broker Intermediary Agreement for our German real estate company to engage independent brokers across Bavaria, with specific provisions for digital property marketing and GDPR compliance, to be implemented by March 2025."
1. Parties: Identification of the principal and the broker, including full legal names, registration details, and addresses
2. Background: Context of the agreement, nature of the principal's business, and purpose of engaging the broker
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Commission', 'Successful Transaction'
4. Appointment and Scope: Terms of broker's appointment, exclusivity/non-exclusivity, and detailed description of brokerage services
5. Broker's Rights and Obligations: Detailed responsibilities, service standards, reporting requirements, and compliance obligations
6. Principal's Rights and Obligations: Principal's commitments, information provision obligations, and support to be provided to the broker
7. Commission Structure: Detailed fee arrangements, calculation methods, payment terms, and conditions for commission eligibility
8. Term and Termination: Duration of agreement, renewal terms, termination rights, and post-termination obligations
9. Confidentiality: Protection of confidential information, data handling, and security measures
10. Data Protection: GDPR compliance measures, data processing terms, and privacy protection obligations
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
12. General Provisions: Standard clauses including notices, amendments, assignment, severability, and governing law
1. Non-Competition: Restrictions on broker's activities with competitors, used when exclusive arrangements are desired
2. Marketing and Branding: Guidelines for use of principal's branding and marketing materials, relevant for customer-facing brokers
3. Training and Support: Details of training provided by principal, included when complex products/services require specific expertise
4. Performance Targets: Specific KPIs and performance metrics, used in performance-based arrangements
5. Compliance with Industry Regulations: Specific regulatory requirements, included for regulated sectors like financial services or real estate
6. Sub-Brokers: Terms for engaging sub-brokers or agents, included when sub-delegation is permitted
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
1. Schedule 1 - Services Description: Detailed specification of brokerage services and deliverables
2. Schedule 2 - Commission Structure: Detailed commission calculations, examples, and special case scenarios
3. Schedule 3 - Territory Definition: Geographical or market segment definitions for broker's activities
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports and documentation
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Required Documentation: List of regulatory or compliance documents required from the broker
Authors
Real Estate
Financial Services
Insurance
Import/Export
Manufacturing
Technology
Professional Services
Commodities Trading
Energy
Telecommunications
Legal
Compliance
Commercial
Sales
Business Development
Finance
Risk Management
Procurement
Operations
Partner Management
Business Development Manager
Sales Director
Legal Counsel
Compliance Officer
Commercial Director
Chief Commercial Officer
Procurement Manager
Channel Manager
Partnership Manager
Contract Manager
Risk Manager
Chief Financial Officer
Managing Director
Operations Director
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