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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."
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
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
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
Real Estate
Insurance
Financial Services
Import/Export
Retail
Manufacturing
Technology
Professional Services
Wholesale Distribution
E-commerce
Telecommunications
Construction
Legal
Sales
Business Development
Finance
Operations
Compliance
Commercial
Partner Management
Account Management
Contract Administration
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
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