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Broker Seller Agreement
"I need a Broker Seller Agreement for my financial services company based in Sydney, where we'll be appointing an exclusive broker to sell our investment products across Australia, with a minimum performance requirement of $2M in sales per quarter starting March 2025."
1. Parties: Identifies and provides full details of the broker and seller entering into the agreement
2. Background: Provides context for the agreement and outlines the purpose of the broker-seller relationship
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope of Services: Details the broker's appointment, authority, and specific services to be provided
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Broker's Obligations: Lists the broker's duties, responsibilities, and service standards
7. Seller's Obligations: Outlines the seller's responsibilities and commitments
8. Fees and Commission Structure: Details the compensation arrangement, including commission rates and payment terms
9. Confidentiality: Addresses the handling and protection of confidential information
10. Compliance with Laws: Ensures adherence to relevant regulations and legal requirements
11. Liability and Indemnification: Defines the limits of liability and indemnification obligations
12. Dispute Resolution: Outlines the process for resolving disputes between parties
13. General Provisions: Includes standard legal clauses such as governing law, notices, and amendments
1. Exclusivity: Defines whether the broker has exclusive rights to represent the seller
2. Marketing and Advertising: Details specific marketing obligations and advertising arrangements
3. Intellectual Property: Addresses the use of trademarks, logos, and other IP when relevant
4. Insurance Requirements: Specifies insurance obligations if required for specific industries
5. Sub-brokers: Provisions for engaging sub-brokers or agents if permitted
6. Data Protection: Additional privacy and data handling requirements for sensitive industries
7. Performance Metrics: Specific KPIs or performance standards if required
8. Territory Restrictions: Geographical limitations on broker's authority if applicable
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule 2 - Services Description: Comprehensive list of services to be provided by the broker
3. Schedule 3 - Approved Marketing Materials: Templates or guidelines for marketing and promotional materials
4. Schedule 4 - Compliance Requirements: Specific regulatory requirements and compliance procedures
5. Schedule 5 - Contact Details: Key contacts and communication protocols for both parties
6. Appendix A - Required Forms: Standard forms and documentation required for transactions
7. Appendix B - Reporting Templates: Templates for regular reporting and performance tracking
Authors
Applicable Laws
Authorized Representative
Broker
Brokerage Services
Business Day
Commencement Date
Commission
Confidential Information
Customer
Dispute
Effective Date
Exclusive Period
Force Majeure Event
GST
Intellectual Property Rights
Loss
Material Breach
Net Sales Price
Notice
Products
Professional Standards
Related Body Corporate
Relevant Jurisdiction
Seller
Services
Service Level Requirements
Service Territory
Term
Termination Date
Transaction
Working Hours
Authority
Scope of Services
Exclusivity
Commission
Payment Terms
Performance Standards
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Compliance
Insurance
Indemnification
Limitation of Liability
Term
Termination
Force Majeure
Assignment
Sub-contracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Variation
Severability
Good Faith
Non-solicitation
Record Keeping
Reporting
Marketing and Promotion
Territory
Competition
Regulatory Compliance
Anti-corruption
GST
Costs
Third Party Rights
Real Estate
Financial Services
Insurance
Commodities Trading
Securities
Import/Export
Business Services
Manufacturing
Wholesale Trade
Agriculture
Mining
Energy
Legal
Sales
Compliance
Commercial
Business Development
Risk Management
Operations
Finance
Procurement
Contract Administration
Sales Director
Business Development Manager
Legal Counsel
Compliance Officer
Commercial Manager
Broker Relations Manager
Contract Administrator
Chief Commercial Officer
Sales Operations Manager
Risk Manager
Channel Manager
Partnership Manager
Managing Director
Chief Executive Officer
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