Fundraising Commission Agreement

Fundraising Commission Agreement Template for Denmark

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Document background

The Fundraising Commission Agreement is essential for organizations engaging professional fundraisers or fundraising companies in Denmark. This document is particularly relevant when establishing commission-based relationships for fundraising activities, whether for charitable, educational, cultural, or other non-profit purposes. The agreement must comply with Danish fundraising regulations, including the Fundraising Act (Indsamlingsloven), data protection laws, and financial regulations. It typically covers commission structures, performance expectations, territorial rights, compliance requirements, and reporting obligations. Organizations should use this agreement when engaging external fundraising support on a commission basis, ensuring clear terms for both parties while maintaining compliance with Danish legal requirements.

Suggested Sections

1. Parties: Identification of the principal company and the fundraising agent/consultant

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

3. Definitions: Key terms used throughout the agreement including 'Successful Fundraising', 'Commission', 'Territory', etc.

4. Appointment and Scope: Formal appointment of the fundraiser and detailed scope of authorized fundraising activities

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fundraiser's Obligations: Detailed responsibilities including compliance with laws, reporting requirements, and performance standards

7. Principal's Obligations: Support, materials, and information to be provided by the principal

8. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

9. Payment Terms: Timing and method of commission payments, including invoicing requirements

10. Compliance Requirements: Obligations regarding fundraising regulations, data protection, and anti-money laundering requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction for dispute resolution

Optional Sections

1. Exclusivity: Used when the fundraiser is granted exclusive rights in specific territories or for specific donor types

2. Performance Targets: Include when setting specific fundraising targets or KPIs

3. Training and Support: Required when the principal provides specific training or support systems

4. Insurance Requirements: Include when specific insurance coverage is required from the fundraiser

5. Non-Compete Provisions: Used when restricting the fundraiser from working with competitors

6. Intellectual Property: Include when the fundraiser will use or create IP in their activities

7. Sub-contractors: Required when the fundraiser is permitted to use sub-contractors

8. Marketing Guidelines: Include when specific branding or marketing requirements apply

Suggested Schedules

1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of donations or fundraising activities

2. Territory Definition: Specific geographical areas or donor segments covered by the agreement

3. Approved Fundraising Methods: List of authorized fundraising methods and any specific requirements for each

4. Reporting Templates: Standard formats for activity reports and commission calculations

5. Compliance Procedures: Detailed procedures for ensuring compliance with fundraising regulations

6. Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Marketing Materials Guidelines: Standards and requirements for use of marketing materials

8. KPI Metrics: Detailed performance indicators and measurement methods

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