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Intermediary Commission Agreement Template for Netherlands

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Key Requirements PROMPT example:

Intermediary Commission Agreement

"I need an Intermediary Commission Agreement for my software company based in Amsterdam, where we'll appoint a sales agent to sell our enterprise software solutions in the Benelux region, with a tiered commission structure starting at 10% and increasing based on performance targets."

Document background
The Intermediary Commission Agreement is essential for businesses operating in the Netherlands that rely on third parties to facilitate their commercial activities. This document type is particularly relevant when a company wishes to engage intermediaries, agents, or brokers to promote their products or services, generate sales, or establish business relationships on their behalf. The agreement, governed by Dutch law, must comply with specific provisions of the Dutch Civil Code (Burgerlijk Wetboek) regarding commercial agency relationships and commission structures. It typically includes detailed terms about commission calculations, payment schedules, performance expectations, territorial rights, and termination conditions. The document is designed to protect both parties' interests while ensuring compliance with Dutch commercial law, competition regulations, and relevant EU directives.
Suggested Sections

1. Parties: Identification and details of the principal and the intermediary

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 scope of intermediary services

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

6. Obligations of the Principal: Principal's duties, including information provision and support

7. Obligations of the Intermediary: Intermediary's duties, performance standards, and reporting requirements

8. Commission Structure: Calculation method, payment terms, and conditions for commission

9. Payment Terms: Timing of payments, currency, payment method, and handling of disputes

10. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Non-Competition: Restrictions on competing activities during and after the agreement

14. Liability and Indemnification: Limitation of liability and indemnification provisions

15. Force Majeure: Handling of circumstances beyond parties' control

16. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes

17. General Provisions: Miscellaneous legal provisions including notices, amendments, and assignment

Optional Sections

1. Training and Support: Details of training and support provided by the principal, used when significant training is required

2. Marketing and Promotion: Marketing obligations and guidelines, included when intermediary has promotional responsibilities

3. Performance Targets: Specific performance metrics and consequences, used when implementing KPIs

4. Sub-Agents: Rules regarding appointment of sub-agents, included if sub-agents are permitted

5. Insurance: Insurance requirements, included for high-risk or regulated activities

6. Compliance: Specific regulatory compliance requirements, used in regulated industries

7. Post-Termination Obligations: Detailed post-termination requirements, used for complex relationships

8. Territory Restrictions: Geographic limitations on intermediary activities, used for territorial exclusivity

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed commission percentages, tiers, and calculation methods

2. Schedule 2 - Products/Services: List of products or services covered by the agreement

3. Schedule 3 - Territory: Detailed description of geographical territory if applicable

4. Schedule 4 - Reporting Requirements: Templates and timing for required reports

5. Schedule 5 - Service Level Agreement: Detailed performance metrics and standards

6. Appendix A - Contact Details: Key contact persons and communication protocols

7. Appendix B - Marketing Guidelines: Brand guidelines and marketing requirements if applicable

8. Appendix C - Compliance Procedures: Detailed 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




































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Relevant Industries

Financial Services

Real Estate

Insurance

Technology and Software

Manufacturing

Retail and Consumer Goods

Professional Services

Transportation and Logistics

Energy and Utilities

Telecommunications

Healthcare

Tourism and Hospitality

Relevant Teams

Legal

Sales

Business Development

Commercial Operations

Procurement

Compliance

Finance

Partner Relations

Contract Administration

Risk Management

Relevant Roles

Commercial Director

Sales Manager

Business Development Manager

Legal Counsel

Contracts Manager

Chief Commercial Officer

Sales Operations Manager

Channel Partner Manager

Procurement Manager

Compliance Officer

Business Development Director

Partner Relations Manager

Agency Relations Manager

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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