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Business Development Commission Agreement Template for Netherlands

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Key Requirements PROMPT example:

Business Development Commission Agreement

"I need a Business Development Commission Agreement for engaging an independent contractor to develop our software company's presence in the Benelux region, with a tiered commission structure starting at 5% for new clients and increasing to 12% for renewals, effective March 1, 2025."

Document background
The Business Development Commission Agreement is essential for companies operating in the Netherlands who wish to engage business developers to expand their market presence and generate new business opportunities. This document, governed by Dutch law, particularly the Dutch Civil Code (Burgerlijk Wetboek), establishes a clear framework for commission-based business development activities. It outlines the scope of services, commission structures, performance metrics, and mutual obligations while ensuring compliance with Dutch commercial and employment regulations. The agreement is particularly valuable for companies seeking to formalize their relationships with business developers while providing clear guidelines for commission calculations, payment terms, and performance expectations. It includes necessary provisions for both domestic and international business development activities, making it suitable for companies expanding within the Netherlands or into international markets from a Dutch business base.
Suggested Sections

1. Parties: Identification and details of the Principal Company and the Business Developer

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and detailed scope of business development services

5. Term and Termination: Duration of the agreement and termination provisions

6. Business Developer's Obligations: Detailed responsibilities and performance requirements of the Business Developer

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

8. Commission Structure: Basic commission rates, calculation methods, and payment terms

9. Reporting and Administration: Requirements for activity reporting and record-keeping

10. Intellectual Property Rights: Protection and ownership of IP created during the engagement

11. Confidentiality: Provisions for handling confidential information

12. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Performance Targets: Specific targets and KPIs, used when quantifiable goals are part of the agreement

2. Territory Restrictions: Geographic limitations on business development activities, included when territory exclusivity is granted

3. Sub-contractors: Rules for engaging sub-contractors, included when sub-contracting is permitted

4. Training and Support: Details of training provided by the Principal, included for complex products/services

5. Insurance Requirements: Specific insurance coverage requirements, included for high-risk activities

6. Data Protection: GDPR compliance provisions, included when personal data processing is involved

7. Force Majeure: Provisions for unforeseen circumstances, included for long-term agreements

8. Bank Guarantee: Requirements for financial security, included for high-value agreements

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed commission structure, rates, and calculation methods

2. Schedule 2 - Target Markets/Clients: List of approved target markets, industries, or specific clients

3. Schedule 3 - Reporting Templates: Standard formats for activity and performance reporting

4. Schedule 4 - Service Level Agreement: Specific performance metrics and service standards

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Appendix A - Code of Conduct: Business Developer's expected behavioral standards and ethics

7. Appendix B - Compliance Requirements: Industry-specific compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses






































Relevant Industries

Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Software & IT

Telecommunications

Real Estate

Construction

Energy

Consulting

Industrial Services

International Trade

Education & Training

Relevant Teams

Legal

Business Development

Sales

Commercial Operations

Finance

Compliance

Contract Administration

Executive Leadership

Human Resources

Operations

Relevant Roles

Business Development Manager

Commercial Director

Sales Director

Chief Commercial Officer

Business Development Representative

Account Executive

Partnership Manager

Growth Manager

Market Development Manager

Sales Manager

Chief Executive Officer

Legal Counsel

Contract Manager

Commercial Operations Manager

Business Development Consultant

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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