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Broker Agent Commission Agreement
1. Parties: Identification of the Principal and the Broker Agent, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the Principal's business, and the purpose of engaging the Broker Agent
3. Definitions: Definitions of key terms used throughout the agreement, including 'Commission', 'Territory', 'Products/Services', and 'Customers'
4. Appointment and Scope: Terms of the Broker Agent's appointment, exclusivity status, and defined territory or market segment
5. Agent's Rights and Obligations: Detailed responsibilities of the Broker Agent, including marketing, customer service, and reporting requirements
6. Principal's Rights and Obligations: Principal's commitments, including provision of information, support, and marketing materials
7. Commission Structure: Detailed explanation of commission rates, calculation methods, and qualifying transactions
8. Payment Terms: Timeline and process for commission payments, including invoicing requirements and payment methods
9. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
10. Post-Termination Provisions: Rights and obligations after termination, including commission on pending transactions and return of materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with GDPR and Danish data protection laws
13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for dispute resolution
14. Entire Agreement: Standard boilerplate confirming this document as the complete agreement between parties
1. Non-Compete Clause: Restrictions on Agent's activities during and after the agreement term - optional but common in specialized industries
2. Performance Targets: Specific sales or performance goals - include when minimum performance levels are required
3. Training and Support: Details of training provided by Principal - relevant when specific product knowledge is required
4. Insurance Requirements: Specific insurance coverage requirements - important for high-value transactions or regulated industries
5. Marketing Guidelines: Specific rules for marketing and brand usage - important for brand-sensitive principals
6. Sub-Agents: Terms for appointing sub-agents - include if sub-contracting is permitted
7. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID
8. Compliance Requirements: Specific regulatory compliance obligations - important in regulated industries
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different products/services or customer categories
2. Schedule 2 - Territory Definition: Detailed description of geographical territory or market segment, including any exclusions
3. Schedule 3 - Products and Services: Comprehensive list of products/services covered by the agreement
4. Schedule 4 - Reporting Templates: Standard formats for activity reports and commission calculations
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement methods
6. Appendix A - Marketing Guidelines: Detailed marketing and brand usage guidelines
7. Appendix B - Compliance Procedures: Step-by-step compliance procedures and checklists
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