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The Fundraising Commission Agreement is essential for organizations in Ireland seeking to engage professional fundraisers or fundraising companies on a commission basis. This document is typically used when an organization wants to outsource fundraising activities while ensuring compliance with Irish regulatory requirements, including the Charities Act 2009, data protection laws, and fundraising regulations. The agreement covers crucial aspects such as commission structures, permitted fundraising methods, reporting requirements, compliance obligations, and risk allocation. It's particularly important in the Irish context where fundraising activities are subject to specific regulatory oversight and require careful documentation of the relationship between the fundraiser and the organization. The agreement helps protect both parties by clearly defining expectations, responsibilities, and compensation structures while ensuring adherence to legal and ethical standards in fundraising practices.

1. Parties: Identifies the contracting parties - typically the organization/charity and the fundraiser

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement

4. Appointment and Scope: Details of the fundraiser's appointment and authorized fundraising activities

5. Term and Territory: Duration of the agreement and geographical scope of activities

6. Fundraiser's Obligations: Key responsibilities, targets, and compliance requirements for the fundraiser

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

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

9. Reporting and Payment: Requirements for activity reporting and process for commission payments

10. Compliance and Regulations: Obligations regarding fundraising regulations and required permits

11. Data Protection: GDPR compliance and data handling requirements

12. Confidentiality: Protection of confidential information and trade secrets

13. Representation and Warranties: Standard warranties about capacity and authority to enter agreement

14. Liability and Indemnification: Allocation of risks and indemnification obligations

15. Termination: Circumstances and process for ending the agreement

16. Post-Termination: Obligations and restrictions after agreement ends

17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law