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Intermediary Fee Agreement Template for Netherlands

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Key Requirements PROMPT example:

Intermediary Fee Agreement

"I need an Intermediary Fee Agreement for my Netherlands-based retail company to engage a sales agent who will help expand our business into Germany, with a 5% commission structure and quarterly performance reviews starting from March 2025."

Document background
The Intermediary Fee Agreement is essential for businesses operating in the Netherlands that engage third parties to facilitate transactions, represent their interests, or broker deals. This document type is crucial when establishing formal arrangements with agents, brokers, or consultants who will be compensated through fees or commissions. It must comply with Dutch law, particularly the relevant sections of the Dutch Civil Code (Burgerlijk Wetboek) regarding service agreements and commercial agency. The agreement typically covers service scope, fee structures, payment terms, performance standards, and regulatory compliance requirements. It's particularly important in regulated sectors where transparency in fee arrangements is mandatory and where clear documentation of the commercial relationship is necessary for both legal and tax purposes.
Suggested Sections

1. Parties: Identification of the principal and the intermediary, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the intermediary arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the intermediary services to be provided

5. Fee Structure: Comprehensive details of fees, commission rates, and calculation methods

6. Payment Terms: Payment schedules, invoicing requirements, and payment methods

7. Term and Termination: Duration of the agreement and conditions for termination

8. Obligations of the Intermediary: Key responsibilities, performance standards, and reporting requirements

9. Obligations of the Principal: Principal's duties, including information provision and support

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Exclusivity: Terms of exclusive rights if the intermediary has exclusive rights in certain territories or with certain clients

2. Territory: Geographic scope of the intermediary's activities when specific territorial limits apply

3. Non-Competition: Restrictions on competing activities during and after the agreement

4. Performance Targets: Specific performance metrics and consequences of meeting or missing targets

5. Insurance: Insurance requirements when specific coverage is needed

6. Intellectual Property: IP rights and usage when the intermediary needs to use principal's branding or materials

7. Force Majeure: Provisions for unforeseen circumstances preventing performance

8. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors if relevant to the business model

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of services to be provided by the intermediary

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commission rates, and calculation examples

3. Schedule 3 - Performance Metrics: Specific KPIs and performance measurement criteria

4. Schedule 4 - Reporting Templates: Standard formats for regular reporting and documentation

5. Schedule 5 - Territory Map: Geographic boundaries of the intermediary's territory if applicable

6. Appendix A - Contact Details: Key contact persons and escalation procedures

7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services

Authors

Alex Denne

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

Relevant legal definitions








































Clauses








































Relevant Industries

Financial Services

Real Estate

Insurance

International Trade

Manufacturing

Technology

Professional Services

Retail

Wholesale

Import/Export

Telecommunications

Healthcare

Energy

Logistics

Relevant Teams

Legal

Commercial

Business Development

Sales

Procurement

Compliance

Finance

Operations

Risk Management

Partnerships

Account Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Sales Director

Procurement Manager

Contract Manager

Compliance Officer

Finance Director

Chief Financial Officer

Account Manager

Partnership Manager

Operations Director

Risk Manager

General Counsel

Commercial Agent

Broker

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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