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Sales Broker Agreement
"I need a Sales Broker Agreement for my technology company based in Melbourne, where we'll appoint an exclusive broker to sell our software products in Western Australia, with a 15% commission structure and quarterly performance targets."
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
Authors
Real Estate
Financial Services
Manufacturing
Technology
Consumer Goods
Industrial Equipment
Agriculture
Professional Services
Energy
Mining
Construction
Export/Import
Retail
Wholesale Distribution
Legal
Sales
Business Development
Compliance
Finance
Commercial Operations
Risk Management
Procurement
Executive Leadership
Contract Administration
Sales Director
Business Development Manager
Chief Commercial Officer
Legal Counsel
Compliance Officer
Contract Manager
Sales Operations Manager
Channel Manager
Chief Executive Officer
Chief Financial Officer
Regional Sales Manager
Commercial Director
Procurement Manager
Risk Manager
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