Broker Exclusive Agreement Template for Indonesia

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Key Requirements PROMPT example:

Broker Exclusive Agreement

"I need a Broker Exclusive Agreement for appointing an Indonesian real estate broker to exclusively handle our commercial property portfolio in Jakarta and Surabaya, with a performance-based commission structure and a contract term starting from January 2025."

Document background
The Broker Exclusive Agreement is essential for businesses operating in Indonesia that wish to establish a formal, exclusive relationship with a broker for specific commercial activities. This document is typically used when a company needs dedicated representation in particular markets or territories and wants to ensure the broker's undivided commitment. The agreement must comply with Indonesian legal requirements, including the Civil Code (KUH Perdata) and relevant commercial regulations. It includes comprehensive provisions for commission structures, performance standards, territorial rights, and dispute resolution mechanisms. This type of agreement is particularly important in sectors where exclusive representation is crucial for market penetration and business development, providing both parties with clear rights, obligations, and protections under Indonesian law.
Suggested Sections

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

2. Background: Context of the agreement, including the principal's business and need for brokerage services

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

4. Appointment and Scope: Terms of the broker's exclusive appointment and detailed scope of authorized services

5. Duration and Exclusivity: Term of the agreement and specific exclusivity provisions

6. Broker's Rights and Obligations: Detailed responsibilities and authorities of the broker

7. Principal's Rights and Obligations: Principal's commitments and responsibilities to support the broker's activities

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

9. Confidentiality: Provisions for handling confidential information and trade secrets

10. Representations and Warranties: Standard warranties regarding authority, capacity, and compliance with laws

11. Termination: Grounds for termination and post-termination obligations

12. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Performance Targets: Specific sales or performance targets, used when the agreement includes performance-based conditions

2. Marketing and Promotion: Specific requirements for marketing activities, included when the broker has marketing responsibilities

3. Territory Exclusions: Specific geographical or customer exclusions from the territory, used when certain areas or customers are reserved

4. Sub-broker Provisions: Terms governing the appointment of sub-brokers, included when sub-brokerage is permitted

5. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk transactions

6. Data Protection: Specific data protection obligations, included when personal data processing is involved

7. Non-Competition: Post-termination restrictions, included when competitive activities need to be restricted

Suggested Schedules

1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of transactions or products

2. Territory Description: Detailed description of the geographical area or market segment covered by the exclusivity

3. Approved Products/Services: List of products or services covered by the brokerage agreement

4. Reporting Templates: Standard forms for periodic activity reporting

5. Service Level Requirements: Detailed performance standards and service level expectations

6. Key Personnel: List of key personnel assigned to the account from both parties

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

Relevant legal definitions
Relevant Industries

Real Estate

Financial Services

Insurance

International Trade

Commodities Trading

Securities and Investments

Commercial Property

Industrial Property

Agricultural Products

Energy and Resources

Manufacturing

Import/Export

Relevant Teams

Legal

Commercial

Business Development

Sales

Compliance

Operations

Corporate Secretariat

Risk Management

Finance

Partner Relations

Relevant Roles

Chief Commercial Officer

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Commercial Director

Chief Executive Officer

Broker Relations Manager

Regional Sales Manager

Business Development Director

Chief Legal Officer

Partnership Manager

Operations Director

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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