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Broker Agreement
1. Parties: Identification of the principal and broker, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including specific industry terminology
4. Appointment and Scope: Terms of broker's appointment, territory, and scope of services
5. Broker's Obligations: Core duties, professional standards, reporting requirements, and compliance obligations
6. Principal's Obligations: Support, information provision, and other obligations of the principal
7. Commission Structure: Detailed breakdown of commission calculations, payment terms, and conditions
8. Compliance Requirements: Regulatory compliance obligations, including AML, GDPR, and industry-specific requirements
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Usage rights for trademarks, marketing materials, and other IP
11. Term and Termination: Duration, renewal provisions, and termination circumstances
12. Post-Termination: Obligations and rights after agreement termination, including commission tail provisions
13. Liability and Indemnification: Limitation of liability, insurance requirements, and indemnification obligations
14. General Provisions: Standard clauses including notices, amendments, assignment, governing law, and dispute resolution
1. Non-Compete: Restrictions on competitive activities, used when broker has access to sensitive information or significant market influence
2. Marketing and Branding: Specific requirements for marketing activities and brand usage, relevant for customer-facing brokers
3. Training Requirements: Detailed training obligations, included when specific certifications or ongoing education is required
4. Sub-Brokers: Terms for engaging sub-brokers or agents, used when sub-delegation is permitted
5. Performance Targets: Specific performance metrics and consequences, included for performance-based arrangements
6. Data Processing: Detailed GDPR compliance requirements, necessary when significant personal data processing is involved
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile markets or industries
1. Commission Schedule: Detailed commission rates, calculation methods, and examples
2. Service Level Agreement: Specific performance metrics, response times, and service standards
3. Compliance Procedures: Step-by-step compliance processes and requirements
4. Approved Marketing Materials: Templates and guidelines for marketing and communication
5. Territory Definition: Detailed description of geographical or market segment coverage
6. Required Reports: Templates and specifications for required periodic reports
7. Insurance Requirements: Detailed insurance coverage requirements and minimum limits
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