The Middleman Commission Agreement is essential for businesses operating in Malta that rely on intermediaries to facilitate transactions, secure new customers, or expand market presence. This document type is particularly relevant in Malta's growing commercial sectors, including financial services, real estate, and international trade. The agreement needs to comply with Malta's Commercial Code and civil law framework, while also adhering to relevant EU regulations. A well-structured Middleman Commission Agreement should clearly define the scope of services, commission calculations, payment terms, territorial rights, and performance expectations. It's commonly used when engaging independent agents, brokers, or business intermediaries, and serves to protect both the principal's business interests and the middleman's right to commission. The document typically includes provisions for exclusivity, confidentiality, data protection, and dispute resolution under Maltese jurisdiction.
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1. Parties: Identification of the Principal and the Middleman with full legal names and registered addresses
2. Background: Context of the agreement, brief description of the Principal's business and the purpose of engaging the Middleman
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Appointment and Scope: Terms of the Middleman's appointment, including exclusivity status and territorial scope
5. Middleman's Duties and Responsibilities: Detailed description of services to be provided and standard of performance required
6. Principal's Obligations: Principal's responsibilities including providing necessary information and support
7. Commission Structure: Detailed explanation of commission rates, calculation methods, and qualifying transactions
8. Payment Terms: Commission payment schedule, currency, payment methods, and handling of expenses
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after the agreement
13. Representations and Warranties: Standard warranties about capacity to contract and service delivery
14. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
15. General Provisions: Standard boilerplate clauses including notices, amendment process, and governing law
1. Performance Targets: Specific sales or performance targets, used when the principal wants to set minimum performance requirements
2. Training and Support: Details of training provided by the principal, included when specific product knowledge or skills are required
3. Marketing and Promotion: Guidelines for marketing activities, included when the middleman will conduct promotional activities
4. Intellectual Property Rights: IP usage terms, included when the middleman needs to use principal's trademarks or materials
5. Insurance Requirements: Specific insurance coverage requirements, included for high-value or high-risk transactions
6. Compliance with Anti-Bribery Laws: Specific anti-corruption provisions, included when dealing with public sector or high-risk markets
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or international agreements
8. Dispute Resolution: Specific dispute resolution procedures, included when alternative dispute resolution is preferred
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services or transaction types
2. Territory Definition: Detailed description or map of the geographical territory covered by the agreement
3. Product/Service List: Comprehensive list of products or services covered by the agreement
4. Reporting Templates: Standard forms for activity reporting and commission calculations
5. KPI Metrics: Detailed performance indicators and measurement criteria
6. Compliance Procedures: Step-by-step procedures for regulatory compliance and reporting
7. Contact Details: List of key contacts and escalation procedures for both parties
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