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Intermediary Commission Agreement
"I need an Intermediary Commission Agreement for appointing a sales agent in Bavaria to sell our software products, with a basic 10% commission structure and non-compete clause, starting March 1, 2025."
1. Parties: Identification and details of the principal company and the intermediary
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, territory, and products/services covered
5. Rights and Obligations of the Intermediary: Detailed responsibilities, performance standards, and reporting requirements
6. Rights and Obligations of the Principal: Principal's commitments, support, and information provisions
7. Commission Structure: Basic commission rates, calculation methods, and payment terms
8. Payment Terms: Timing of payments, currency, payment methods, and handling of disputes
9. Reporting and Documentation: Required reports, documentation of sales, and record-keeping obligations
10. Intellectual Property: Usage rights for trademarks, logos, and marketing materials
11. Confidentiality: Protection of business secrets and confidential information
12. Term and Termination: Duration, renewal terms, and termination provisions including notice periods
13. Post-Termination Obligations: Obligations after contract end, including handover of materials and final settlements
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
15. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Non-Compete Clause: Restrictions on competing activities during and after the agreement - include when exclusivity is required
2. Performance Targets: Specific sales targets and consequences - include when performance-based evaluation is needed
3. Marketing and Promotion: Marketing obligations and cost sharing - include when intermediary has marketing responsibilities
4. Training Requirements: Training obligations and procedures - include for complex products/services
5. Insurance Requirements: Required insurance coverage - include when dealing with high-value transactions
6. Data Protection: GDPR compliance measures - include when personal data processing is involved
7. Sub-Agents: Rules for appointing sub-agents - include when sub-agents are permitted
8. Force Majeure: Handling of unforeseen circumstances - include for long-term agreements
1. Schedule 1: Products and Services: Detailed list of products/services covered by the agreement
2. Schedule 2: Commission Rates: Detailed commission structure, including any variations or special rates
3. Schedule 3: Territory: Detailed description of geographical territory or customer segments
4. Schedule 4: Reporting Templates: Standard forms for regular reporting and documentation
5. Schedule 5: Performance Metrics: Detailed KPIs and evaluation criteria
6. Appendix A: Marketing Guidelines: Guidelines for use of marketing materials and brand representation
7. Appendix B: Compliance Requirements: Specific compliance requirements and procedures
Authors
Principal
Intermediary
Commission
Products
Services
Territory
Customers
Intellectual Property Rights
Confidential Information
Business Day
Effective Date
Commission Period
Net Sales
Order
Confirmed Order
Qualified Lead
Target
Performance Metrics
Quarter
Year
Marketing Materials
Commercial Opportunity
Competing Business
Group
Affiliate
Force Majeure Event
Good Industry Practice
Records
Reports
Sales Documentation
Term
Termination Date
Trade Secrets
Working Hours
Contract Year
Commission Statement
Payment Date
Minimum Performance Requirements
Existing Customers
New Customers
Product Specifications
Service Level Requirements
Sub-Agent
Valid Claim
Commission Rate
Net Invoice Value
Operating Procedures
Standard Terms and Conditions
Training Materials
Territory
Exclusivity
Commission
Payment Terms
Performance Requirements
Reporting Obligations
Confidentiality
Non-Compete
Intellectual Property
Data Protection
Record Keeping
Audit Rights
Training
Marketing
Warranties
Indemnification
Insurance
Term
Termination
Post-Termination Obligations
Force Majeure
Assignment
Notices
Amendments
Entire Agreement
Severability
Waiver
Third Party Rights
Compliance with Laws
Dispute Resolution
Governing Law
Jurisdiction
Manufacturing
Wholesale Trade
Financial Services
Insurance
Real Estate
Technology and Software
Industrial Equipment
Consumer Goods
Professional Services
International Trade
Automotive
Pharmaceutical
Telecommunications
Legal
Sales
Finance
Compliance
Business Development
Commercial Operations
Contract Management
Account Management
Sales Operations
International Business
Sales Director
Commercial Director
Business Development Manager
Legal Counsel
Compliance Officer
Finance Manager
Sales Operations Manager
Channel Manager
Regional Sales Manager
Contract Administrator
Chief Commercial Officer
Sales Agent
Territory Manager
Account Executive
Commission Administrator
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