The Middleman Commission Agreement is essential for businesses operating in Hong Kong that rely on intermediaries to facilitate transactions, generate sales, or broker deals. This document is particularly relevant in Hong Kong's dynamic business environment, where international trade and complex commercial relationships are common. The agreement establishes clear terms for commission-based compensation, defines the scope of authorized activities, and ensures compliance with Hong Kong's regulatory requirements, including the Prevention of Bribery Ordinance and Business Registration Ordinance. It protects both the principal company and the middleman by clearly defining their rights, obligations, and the basis for commission calculations, while providing mechanisms for dispute resolution under Hong Kong law.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Appointment and Scope: Establishes the middleman's appointment and defines the scope of services
5. Commission Structure: Details the commission rates, calculation methods, and payment terms
6. Rights and Obligations: Outlines the rights and duties of both parties
7. Payment Terms: Specifies payment procedures, timing, and currency
8. Representations and Warranties: Contains standard representations and warranties from both parties
9. Compliance: Addresses regulatory compliance, including anti-bribery and data protection
10. Confidentiality: Protects confidential information and trade secrets
11. Term and Termination: Specifies agreement duration and termination provisions
12. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction
13. General Provisions: Contains standard boilerplate clauses
1. Non-Competition: Restricts middleman from competing or representing competitors - use when exclusive arrangement
2. Performance Targets: Sets minimum performance requirements - use when specific targets are needed
3. Insurance: Specifies insurance requirements - use for high-value or high-risk arrangements
4. Intellectual Property: Protects IP rights - use when middleman handles branded products or creates materials
5. Force Majeure: Addresses unforeseeable circumstances - use in long-term or complex arrangements
6. Assignment and Subcontracting: Controls ability to transfer rights or delegate duties - use when relevant to business model
1. Commission Rates and Calculations: Detailed breakdown of commission structures and calculation methods
2. Services Description: Detailed description of services to be provided by the middleman
3. Territory: Definition of geographical area or market segment covered
4. Reporting Requirements: Templates and procedures for regular reporting
5. Key Performance Indicators: Detailed performance metrics and measurement methods
6. Contact Details: Key contact persons and communication protocols
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