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Intermediary Commission Agreement
"I need an Intermediary Commission Agreement for our company to engage a sales representative in California who will sell our software products to healthcare institutions, with a tiered commission structure starting from March 2025."
1. Parties: Identification of principal and intermediary, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the intermediary arrangement
3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Services', 'Territory'
4. Appointment: Formal appointment of intermediary and scope of authority
5. Commission Structure: Detailed breakdown of commission rates and calculation methods
6. Payment Terms: Timeline and method of commission payments
7. Obligations of Parties: Respective duties and responsibilities of both parties
8. Term and Termination: Duration of agreement and termination provisions
9. Governing Law: Applicable jurisdiction and dispute resolution
1. Non-Compete: Restrictions on intermediary's other business activities when exclusivity is required
2. International Provisions: FCPA compliance and international business regulations for cross-border transactions
3. Intellectual Property: Protection of trademarks and proprietary information when IP assets are involved
4. Force Majeure: Provisions for unforeseen circumstances, typically included in long-term agreements
1. Commission Rate Schedule: Detailed breakdown of commission rates for different products/services
2. Territory Definition: Geographic scope of intermediary's authority
3. Product/Service List: Items/services covered under the agreement
4. Reporting Templates: Standard forms for activity and commission reports
5. Compliance Procedures: Required regulatory compliance protocols
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