The Commission Partnership Agreement serves as a foundational document for businesses and individuals entering into partnership arrangements in Australia where compensation is tied to performance or sales outcomes. This agreement type is particularly useful for sales-oriented businesses, professional services firms, and distribution partnerships where revenue sharing is a key component of the business model. The document establishes clear parameters for commission calculations, partner responsibilities, and operational procedures while ensuring compliance with Australian partnership law, consumer protection legislation, and relevant state/territory requirements. It includes essential provisions for partnership governance, dispute resolution, and termination procedures, making it suitable for both new partnerships and the formalization of existing commission-based relationships.
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1. Parties: Identification and details of all partners entering into the agreement
2. Background: Context of the partnership formation and commission arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Partnership Structure: Legal structure of the partnership and roles of partners
5. Commission Structure: Detailed explanation of commission calculations, rates, and payment terms
6. Term and Commencement: Duration of the partnership and effective date
7. Partner Obligations: Core responsibilities and duties of each partner
8. Financial Management: Handle of finances, banking, accounting, and record-keeping requirements
9. Decision Making: Process for partnership decisions and voting rights
10. Intellectual Property: Ownership and use of partnership IP and brand assets
11. Confidentiality: Protection of partnership and client confidential information
12. Termination: Circumstances and process for ending the partnership
13. Dispute Resolution: Process for resolving conflicts between partners
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Non-Compete: Restrictions on competing activities during and after partnership - include when partners may compete in same industry
2. Marketing and Branding: Guidelines for marketing activities and brand usage - include for customer-facing businesses
3. Insurance: Required insurance coverage - include for high-risk industries or significant assets
4. Good Faith and Fair Dealing: Additional ethical obligations - include for complex or high-value partnerships
5. Force Majeure: Provisions for unforeseen circumstances - include when business continuity is critical
6. Assignment and Succession: Rules for transferring partnership interests - include when continuation planning is important
7. International Operations: Guidelines for international business - include for cross-border operations
1. Schedule 1 - Commission Rates: Detailed breakdown of commission percentages and calculation methods
2. Schedule 2 - Territory Allocation: Geographic or market segments assigned to each partner
3. Schedule 3 - Performance Targets: Specific revenue or performance goals tied to commission structures
4. Schedule 4 - Operating Procedures: Detailed day-to-day operational procedures and protocols
5. Schedule 5 - Partner Contact Details: Complete contact information and notice details for all partners
6. Schedule 6 - Asset Register: List of partnership assets and their allocation
7. Appendix A - Required Forms: Standard forms used in partnership operations
8. Appendix B - Compliance Checklist: Regulatory and internal compliance requirements
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