Food Broker Commission Agreement Template for United States

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Key Requirements PROMPT example:

Food Broker Commission Agreement

"Need a Food Broker Commission Agreement for our organic snack food line, covering the Pacific Northwest territory with a 5% commission rate and quarterly performance reviews, to be effective from March 1, 2025."

Document background

The Food Broker Commission Agreement serves as a critical document in the U.S. food industry, establishing the business relationship between manufacturers and their sales representatives. This agreement is essential when a food producer wants to expand their market presence through independent brokers rather than direct employees. It details commission structures, sales territories, performance metrics, and compliance requirements with food safety regulations. The document provides legal protection for both parties while ensuring clear understanding of responsibilities and compensation terms.

Suggested Sections

1. Parties: Identification of the food broker and the principal company

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including products, territory, and commission-related terms

4. Appointment and Territory: Scope of broker's authority and geographical territory definition

5. Commission Structure: Details of commission rates and calculation methods

6. Payment Terms: Timeline and method of commission payments

7. Duties and Responsibilities: Specific obligations of the broker including reporting, marketing, and customer service

8. Term and Termination: Duration of agreement and termination conditions

9. Compliance with Laws: Requirements to comply with food safety, licensing, and other applicable regulations

10. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Non-Compete Clause: Restrictions on broker representing competing products during and after the agreement term

2. Performance Metrics: Specific sales targets and performance requirements including consequences of non-performance

3. Training Requirements: Mandatory training or certification requirements for broker and their staff

4. Insurance Requirements: Specific insurance coverage requirements for the broker

5. Intellectual Property: Usage rights and restrictions regarding principal's trademarks and trade secrets

Suggested Schedules

1. Schedule A - Commission Rate Schedule: Detailed breakdown of commission rates by product category or customer type

2. Schedule B - Territory Map: Geographic boundaries of broker's territory with specific inclusions/exclusions

3. Schedule C - Product List: Comprehensive list of products covered under the agreement

4. Schedule D - Performance Metrics: Detailed performance requirements, measurement criteria, and reporting templates

5. Schedule E - Required Insurance Coverage: Specific insurance types and coverage amounts required

Authors

Alex Denne

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

Clauses
Industries

Federal Food, Drug, and Cosmetic Act (FDCA): Primary federal law governing food safety and labeling requirements that food brokers must ensure their clients comply with

Food Safety Modernization Act (FSMA): Modern food safety legislation that implements preventive controls and safety standards throughout the food supply chain

Federal Trade Commission Act: Regulates unfair or deceptive trade practices in commerce, including food brokerage activities

Fair Labor Standards Act: Federal law establishing wage, overtime, and labor standards that may apply to broker relationships

Robinson-Patman Act: Federal law prohibiting price discrimination between different purchasers of commodities of like grade and quality

Perishable Agricultural Commodities Act (PACA): Federal law regulating trading in fresh and frozen fruits and vegetables, particularly relevant if dealing with produce

State Food Safety Regulations: State-specific requirements for food handling, storage, and distribution that vary by jurisdiction

State Licensing Requirements: State-specific licensing and permit requirements for operating as a food broker

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, particularly Articles 2 (Sales) and 9 (Secured Transactions)

State Commission Payment Laws: State-specific regulations governing timing and manner of commission payments

Independent Contractor Classification Rules: Federal and state laws determining whether a broker is properly classified as an independent contractor vs. employee

Good Manufacturing Practices (GMPs): Industry standards and federal requirements for food production and handling practices

HACCP Requirements: Hazard Analysis Critical Control Point system requirements for food safety management

IRS Independent Contractor Regulations: Federal tax requirements and obligations for independent contractors and their principals

Insurance Requirements: Various insurance obligations including product liability, professional liability, and general commercial liability coverage

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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