The Marketing Commission Agreement is essential for businesses operating in the Netherlands that wish to engage external parties for marketing services on a commission basis. This document type is commonly used when a company (Principal) wants to expand its market reach through third-party marketing representatives without incurring fixed marketing costs. The agreement, governed by Dutch law, specifically addresses requirements under the Dutch Civil Code and EU regulations, making it suitable for both domestic and international marketing arrangements. It provides a structured framework for commission calculations, performance expectations, and territorial rights, while ensuring compliance with Dutch commercial law, including the Dutch Commercial Agency Act where applicable. The agreement is particularly valuable for businesses seeking performance-based marketing relationships with clear accountability and measurable outcomes.
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1. Parties: Identification and details of the Principal and Marketing Agent/Representative
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and scope of marketing services to be provided
5. Territory and Exclusivity: Geographical area covered and any exclusivity arrangements
6. Marketing Representative's Obligations: Core duties, responsibilities, and performance standards
7. Principal's Obligations: Support, materials, and information to be provided by the principal
8. Commission Structure: Basic commission rates, calculation methods, and payment terms
9. Reporting and Payment: Requirements for activity reporting and commission payment procedures
10. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and marketing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Non-Competition: Restrictions on competing activities, used when exclusivity is important
2. Performance Targets: Specific KPIs and sales targets, included when performance-based elements are required
3. Training and Support: Details of training provided by principal, included for complex products/services
4. Data Protection: GDPR compliance measures, required when personal data processing is involved
5. Insurance: Insurance requirements, included when high-value products or significant risks are involved
6. Marketing Standards: Specific marketing guidelines and compliance requirements, used for regulated industries
7. Sub-contracting: Terms for engaging sub-contractors, included when sub-contracting is permitted
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates, including any variations and special rates
2. Schedule 2 - Territory Description: Detailed description of geographical territories and any excluded areas
3. Schedule 3 - Marketing Materials: List of approved marketing materials and usage guidelines
4. Schedule 4 - Reporting Templates: Standard forms for activity and sales reporting
5. Schedule 5 - Product/Service Description: Details of products or services to be marketed
6. Appendix A - Brand Guidelines: Principal's branding requirements and standards
7. Appendix B - Performance Metrics: Detailed KPIs and measurement methodologies
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