The Finder's Fee Commission Agreement is essential for businesses operating in Australia who wish to formalize arrangements with intermediaries who source new business opportunities or valuable connections. This document is particularly relevant in today's interconnected business environment where networking and strategic introductions play a crucial role in business development. The agreement ensures compliance with Australian regulatory requirements while protecting both parties' interests through clear commission structures, performance criteria, and payment terms. It is commonly used when engaging independent contractors or consultants who facilitate introductions to potential clients, investors, or business partners, and includes specific provisions for commission calculations, qualifying transactions, and compliance with relevant Australian financial services regulations and state-specific requirements.
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1. Parties: Identifies and provides full details of the principal and the finder
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the finder's appointment and defines the authorized services
5. Commission Structure: Details the commission rates and calculation methodology
6. Payment Terms: Specifies when and how commission payments will be made
7. Qualifying Transactions: Defines what constitutes a successful introduction or transaction
8. Term and Termination: Specifies the duration of the agreement and termination provisions
9. Confidentiality: Outlines obligations regarding confidential information
10. Independent Contractor Status: Confirms the finder's status as an independent contractor
11. Representations and Warranties: States the parties' assurances and promises
12. Compliance with Laws: Requires adherence to applicable laws and regulations
13. Dispute Resolution: Sets out procedures for resolving disputes
14. General Provisions: Contains standard boilerplate clauses
1. Exclusivity: Used when the finder is granted exclusive rights for specific opportunities or territories
2. Tail Period: Included when commissions may be payable after agreement termination
3. Minimum Performance Requirements: Sets performance targets when specific outcomes are expected
4. Sub-contractors: Required if the finder is permitted to use sub-contractors
5. Insurance Requirements: Included when specific insurance coverage is required
6. Non-Circumvention: Prevents direct dealings that bypass the finder
7. Marketing and Promotion: Included when specific rules about marketing activities are needed
8. Intellectual Property: Required when IP rights need to be addressed
1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of transactions
2. Territory Schedule: Definition of geographical areas or markets covered by the agreement
3. Approved Introduction Format: Template or requirements for making formal introductions
4. Reporting Template: Standard format for activity and commission reports
5. Compliance Requirements: Detailed regulatory compliance requirements and procedures
6. Excluded Opportunities: List of specifically excluded potential clients or opportunities
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