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Middleman Commission Agreement Template for Ireland

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Key Requirements PROMPT example:

Middleman Commission Agreement

"I need a Middleman Commission Agreement under Irish law for my software company, where we'll appoint an agent to sell our cloud services in the EU market with a 15% commission rate and quarterly performance targets starting March 2025."

Document background
The Middleman Commission Agreement serves as a crucial legal framework for businesses operating in Ireland that rely on intermediaries to facilitate transactions or generate business opportunities. This document is essential when a company (the Principal) wishes to engage an independent party (the Middleman) to promote their products or services in return for commission-based compensation. The agreement must comply with Irish law, particularly the European Communities (Commercial Agents) Regulations and related legislation, while addressing practical aspects such as territory definitions, commission calculations, performance expectations, and reporting requirements. It's commonly used in various commercial sectors and can be adapted to accommodate different business models while maintaining compliance with Irish and EU regulatory requirements.
Suggested Sections

1. Parties: Identifies and defines the Principal and the Middleman with full legal names and addresses

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope: Details the appointment of the middleman and defines the territory and products/services covered

5. Commission Structure: Specifies commission rates, calculation methods, and payment terms

6. Rights and Obligations of the Middleman: Details the middleman's duties, responsibilities, and service standards

7. Rights and Obligations of the Principal: Outlines the principal's commitments and responsibilities

8. Reporting and Payment: Establishes reporting requirements, payment procedures, and record-keeping obligations

9. Intellectual Property: Addresses ownership and usage rights of trademarks, logos, and other IP

10. Confidentiality: Defines confidential information and establishes protection obligations

11. Data Protection: Sets out GDPR compliance requirements and data handling procedures

12. Term and Termination: Specifies contract duration, renewal terms, and termination provisions

13. Post-Termination: Addresses obligations and rights after contract termination

14. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competitive activities, used when protecting market position is crucial

2. Performance Targets: Specific performance metrics and consequences, included when minimum performance levels are required

3. Training and Support: Details of training provided by the principal, included when specific product knowledge is required

4. Insurance Requirements: Specific insurance obligations, included for high-risk or regulated industries

5. Marketing and Promotion: Marketing obligations and guidelines, included when middleman has promotional responsibilities

6. Sub-Agents: Rules regarding appointment of sub-agents, included when sub-delegation might be necessary

7. Compliance with Industry Regulations: Specific regulatory requirements, included for regulated industries

8. Force Majeure: Provisions for unforeseen circumstances, included when business continuity is critical

Suggested Schedules

1. Schedule 1 - Commission Rates and Calculation: Detailed breakdown of commission structures, including any variables or tiers

2. Schedule 2 - Territory and Products/Services: Detailed description of geographical territory and complete list of products/services covered

3. Schedule 3 - Reporting Templates: Standard forms and templates for required reports and documentation

4. Schedule 4 - Service Level Requirements: Detailed performance metrics and service standards

5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Compliance Procedures: Detailed compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Insurance

Financial Services

Import/Export

Retail

Manufacturing

Technology

Professional Services

Wholesale Distribution

E-commerce

Telecommunications

Construction

Relevant Teams

Legal

Sales

Business Development

Finance

Operations

Compliance

Commercial

Partner Management

Account Management

Contract Administration

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Channel Manager

Legal Counsel

Compliance Officer

Finance Director

Operations Manager

Contract Manager

Chief Executive Officer

Sales Agent

Commission Manager

Partnership Manager

Account Executive

Regional Sales Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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