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Broker Intermediary Agreement for Philippines

Broker Intermediary Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes and regulates the relationship between a principal and a broker/intermediary. The document outlines the terms and conditions under which the broker will provide intermediary services, including scope of authority, compensation structure, obligations of both parties, and compliance requirements. It incorporates relevant provisions from the Civil Code of the Philippines, Commercial Code, and specific industry regulations, while addressing key aspects such as territory rights, commission structures, and performance expectations.

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Broker Intermediary Agreement

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What is a Broker Intermediary Agreement?

The Broker Intermediary Agreement serves as a crucial legal framework for establishing commercial relationships between principals and brokers in the Philippines. This document is essential when a company or individual wishes to engage a broker to facilitate transactions, sales, or business opportunities on their behalf. The agreement ensures compliance with Philippine regulations, including the Civil Code, Commercial Code, and industry-specific requirements such as the Securities Regulation Code or Real Estate Service Act where applicable. It typically includes detailed provisions on commission structures, service scope, territorial rights, performance metrics, and regulatory compliance obligations. The document is particularly important in the Philippine context where business relationships often rely heavily on intermediaries and where specific legal requirements govern different types of brokerage activities.

What sections should be included in a Broker Intermediary Agreement?

1. Parties: Identifies and provides details of the principal and the broker

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details the broker's appointment and scope of services

5. Rights and Obligations of the Broker: Outlines the broker's duties, responsibilities, and authority

6. Rights and Obligations of the Principal: Specifies the principal's duties and commitments

7. Compensation and Payment Terms: Details the commission structure, payment terms, and conditions

8. Term and Termination: Specifies duration, renewal terms, and termination conditions

9. Confidentiality: Addresses handling of confidential information and trade secrets

10. Non-Competition and Non-Solicitation: Establishes restrictions on competitive activities

11. Representations and Warranties: Contains standard legal assurances from both parties

12. Indemnification: Covers liability and indemnification obligations

13. General Provisions: Includes standard boilerplate clauses

14. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution mechanisms

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Broker Intermediary Agreement?

1. Regulatory Compliance: Required when dealing with regulated industries like securities, insurance, or real estate

2. Performance Metrics: Used when specific performance standards or KPIs are part of the agreement

3. Territory and Exclusivity: Include when the broker is granted exclusive rights in specific geographic areas

4. Insurance Requirements: Necessary when specific insurance coverage is required for the broker

5. Training and Support: Include when the principal provides training or support services

6. Marketing and Branding: Required when the broker will use the principal's branding or marketing materials

7. Data Protection: Include when personal data processing is involved in the brokerage activities

8. Force Majeure: Optional clause for unforeseen circumstances affecting performance

9. Assignment and Succession: Include when transfer rights need to be specifically addressed

What schedules should be included in a Broker Intermediary Agreement?

1. Schedule A - Commission Structure: Detailed breakdown of commission rates and calculation methods

2. Schedule B - Territory Map: Geographic areas covered by the agreement if applicable

3. Schedule C - Service Level Requirements: Specific performance standards and metrics

4. Schedule D - Compliance Requirements: Industry-specific regulatory requirements and procedures

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

6. Schedule F - Required Reports: Templates and schedules for required reporting

7. Appendix 1 - Operating Procedures: Detailed procedures for day-to-day operations

8. Appendix 2 - Contact Information: Key contacts and escalation procedures

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions















































Clauses








































Relevant Industries

Real Estate

Insurance

Securities and Investments

Import/Export

Commodities Trading

Business Services

Financial Services

Maritime and Shipping

Manufacturing

Technology

Agriculture

Construction

Relevant Teams

Legal

Compliance

Commercial

Sales

Business Development

Operations

Finance

Risk Management

Procurement

Channel Management

Partner Relations

Contract Administration

Relevant Roles

Chief Executive Officer

Commercial Director

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Operations Manager

Contract Manager

Procurement Manager

Regional Manager

Channel Manager

Partnership Manager

Broker Relations Manager

Agency Manager

Risk Manager

Finance Director

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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