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1. Parties: Identification of the principal company and the broker, including full legal names, ABNs, and registered addresses
2. Background: Context of the agreement, nature of the principal's business, and purpose of engaging the broker
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement
4. Appointment and Scope: Terms of the broker's appointment, territory coverage, and whether the appointment is exclusive or non-exclusive
5. Broker's Services: Detailed description of services to be provided by the broker
6. Term and Renewal: Duration of the agreement and conditions for renewal
7. Commission and Payment Terms: Structure of commission, calculation methods, payment timing, and reporting requirements
8. Obligations of the Broker: Broker's duties, performance standards, reporting requirements, and compliance obligations
9. Obligations of the Principal: Principal's responsibilities, including providing information, support, and materials
10. Intellectual Property: Protection and usage rights of trademarks, patents, and other IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Compliance with Laws: Obligations to comply with relevant Australian laws and regulations
13. Termination: Grounds for termination, notice requirements, and post-termination obligations
14. Dispute Resolution: Process for resolving disputes, including mediation and jurisdiction
15. General Provisions: Standard clauses including notices, assignment, waiver, and entire agreement
1. Sub-Brokers: Terms for appointing and managing sub-brokers, used when the broker may need to engage other parties
2. International Sales: Additional provisions for international transactions, including compliance with foreign laws and export regulations
3. Performance Targets: Specific sales targets and consequences for meeting or missing them, used when performance-based conditions are required
4. Training and Support: Details of training and support provided by the principal, included when significant product knowledge is required
5. Marketing and Promotion: Specific requirements for marketing activities and cost sharing, used when the broker has significant marketing responsibilities
6. Insurance Requirements: Detailed insurance obligations, included when specific coverage types and levels are required
7. Data Protection: Enhanced data protection and privacy provisions, used when handling sensitive customer data
8. Non-Compete Provisions: Restrictions on competing activities, included when exclusivity is important
9. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-value agreements
1. Schedule 1 - Territory Definition: Detailed description of the geographical area or market segment covered
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
3. Schedule 3 - Products and Services: List of products or services the broker is authorized to sell
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement criteria
6. Schedule 6 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
7. Appendix A - Code of Conduct: Specific behavioral and ethical requirements for the broker
8. Appendix B - Compliance Checklist: Checklist of regulatory and compliance requirements
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