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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."
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
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
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
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
Legal
Sales
Business Development
Commercial Operations
Procurement
Compliance
Finance
Partner Relations
Contract Administration
Risk Management
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
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