Non Exclusive Broker Agreement Template for Germany

This Non-Exclusive Broker Agreement is designed for use in the German market where a company (principal) wishes to engage a broker's services while maintaining the flexibility to work with multiple brokers simultaneously. The document is structured to comply with German legal requirements, particularly the provisions of the German Civil Code (BGB) regarding brokerage contracts (Maklervertrag) and the German Commercial Code (HGB) for commercial brokers (Handelsmakler). It is particularly suitable for businesses expanding their distribution channels or seeking to engage professional intermediaries without granting exclusive rights. The agreement includes essential provisions for commission structures, performance expectations, and regulatory compliance, while incorporating necessary data protection and privacy requirements under German law. This type of agreement is commonly used in various sectors where intermediary services are valuable but exclusivity is not desired or practical.

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

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Commission', and 'Successful Transaction'

4. Appointment and Scope: Clear statement of the non-exclusive nature of the appointment and detailed description of the broker's services

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Broker's Rights and Obligations: Detailed responsibilities of the broker, including reporting requirements and professional standards

7. Principal's Rights and Obligations: Principal's commitments, including information provision and cooperation requirements

8. Commission Structure: Detailed explanation of commission calculations, payment terms, and conditions for commission eligibility

9. Non-Exclusivity Provisions: Explicit terms regarding the non-exclusive nature and the right to engage other brokers

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Data Protection: GDPR compliance provisions and data handling requirements

12. Liability and Indemnification: Limitation of liability and indemnification obligations of both parties

13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

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