Net Brokerage Agreement Template for Germany

This Net Brokerage Agreement template is designed for use in the German market where a principal company wishes to engage a broker on a net commission basis. It is particularly relevant for businesses seeking to establish clear, legally compliant brokerage relationships under German law. The agreement covers essential aspects required by German legislation, including the BGB and HGB provisions for commercial brokerage relationships, while incorporating modern business practices and compliance requirements. It is suitable for various commercial sectors and includes comprehensive provisions for commission calculation, service standards, compliance obligations, and data protection requirements. The document should be used when establishing new brokerage relationships or updating existing arrangements to ensure compliance with current German legal and regulatory requirements.

1. Parties: Identification of the broker and the principal, including full legal names, registration details, and addresses

2. Background: Context of the agreement, business relationship overview, and purpose of the brokerage arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Net Brokerage', 'Territory', 'Services', and 'Commission'

4. Appointment and Scope: Terms of broker's appointment, exclusivity/non-exclusivity, and detailed scope of services

5. Broker's Obligations: Core duties, service standards, reporting requirements, and compliance obligations

6. Principal's Obligations: Support, information provision, and cooperation requirements

7. Commission Structure: Net commission calculation, payment terms, and conditions for commission entitlement

8. Term and Termination: Duration, renewal provisions, and termination grounds

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance provisions and data handling procedures

11. Liability and Indemnification: Limitation of liability, insurance requirements, and indemnification obligations

12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction