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Fundraising Commission Agreement
"I need a Fundraising Commission Agreement for our university foundation to engage a professional fundraiser who will focus on alumni donations, with a tiered commission structure starting at 5% for donations up to €100,000 and increasing to 8% for larger amounts, starting March 2025."
1. Parties: Identification of the principal organization and the fundraising agent/consultant
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Successful Fundraising', 'Commission', 'Target Donors'
4. Appointment and Scope: Terms of appointment and detailed description of fundraising services to be provided
5. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment triggers
6. Payment Terms: Timing and method of commission payments, invoicing requirements, and payment conditions
7. Obligations of the Agent: Fundraiser's duties, reporting requirements, and compliance obligations
8. Obligations of the Principal: Organization's responsibilities, including provision of materials and support
9. Compliance and Regulations: Compliance with fundraising regulations, data protection, and relevant laws
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and circumstances for termination
12. Post-Termination: Rights and obligations after agreement ends, including commission on pending donations
13. General Provisions: Standard clauses including governing law, notices, and amendments
1. Exclusivity: Used when the fundraiser is granted exclusive rights for certain donors or regions
2. Performance Targets: Include when specific fundraising targets are required with consequences for non-achievement
3. Training and Support: Required when the principal provides specific training or resources
4. Intellectual Property: Necessary when fundraising involves creation or use of branded materials
5. Insurance: Include when specific insurance coverage is required from the fundraiser
6. Data Processing Agreement: Required when extensive personal data processing is involved
7. Non-Compete: Used when restricting fundraiser's work with competing organizations
8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Commission Calculation Methods: Detailed formulas and examples of commission calculations
2. Approved Fundraising Methods: List of permitted fundraising activities and approaches
3. Reporting Templates: Standard forms for activity and success reporting
4. Target Donor Categories: Classification and description of target donor groups
5. Compliance Procedures: Detailed procedures for regulatory compliance
6. Marketing Materials Guidelines: Standards for use of promotional materials
7. Data Protection Protocols: Specific procedures for handling personal data
8. Territory Map: If applicable, geographical areas covered by the agreement
Authors
Applicable Laws
Approved Fundraising Methods
Charitable Purpose
Commission
Commission Period
Confidential Information
Data Protection Laws
Donor
Donor Data
Effective Date
Fundraising Activities
Fundraising Materials
Fundraising Services
Fundraising Territory
Intellectual Property Rights
Marketing Materials
Minimum Performance Requirements
Net Donation
Personal Data
Principal
Qualified Donation
Reporting Period
Services
Successful Fundraising
Target Donors
Term
Territory
Working Day
Scope of Services
Commission
Payment Terms
Performance Requirements
Reporting Obligations
Compliance
Data Protection
Confidentiality
Non-Compete
Non-Solicitation
Intellectual Property
Representations and Warranties
Indemnification
Liability
Insurance
Force Majeure
Term
Termination
Post-Termination Obligations
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Governing Law
Dispute Resolution
Amendment
Waiver
Relationship of Parties
Non-profit
Education
Healthcare
Arts and Culture
Social Services
Environmental Conservation
Religious Organizations
Research Institutions
Sports and Recreation
Humanitarian Aid
Legal
Finance
Development
Compliance
Operations
Donor Relations
Business Development
Administration
Executive Leadership
Grants Management
Fundraising Director
Development Officer
Chief Executive Officer
Legal Counsel
Compliance Officer
Finance Director
Development Manager
Grants Manager
Non-profit Administrator
Foundation Director
Campaign Manager
Donor Relations Manager
Professional Fundraiser
Commission Agent
Business Development Manager
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