Commission, confidentiality and non-solicitation agreement

This is a template commission, confidentiality and non-solicitation agreement.

The template is suitable for use to document the payment of commission by one person to another in respect of a defined type of event. For example, commission may become payable upon the introduction or referral of a new customer.

The agreement also includes distinct confidentiality and non-solicitation provisions. These provisions may be removed, applied to only one of the parties, or applied to both parties.

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Commission, confidentiality and non-solicitation agreement contents

Definitions: definitions.
Term: commencement of term; end of term.
Commission: obligation to pay commission upon trigger event; notification of trigger event; issue of invoice for commission; consequences of failure to notify trigger event.
Interest: interest on late payments.
Audit: right of audit in case of disputed payment; costs of audit; limits on audit right.
Non-solicitation: restrictions on
First Party
: non-solicitation restrictions period; non-solicitation restrictions on first party; non-solicitation restrictions on affiliates; restrictions in section are reasonable; general exception to non-solicitation restrictions.
Non-solicitation: restrictions on
Second Party
: non-solicitation restrictions period; non-solicitation restrictions on second party; non-solicitation restrictions on affiliates; restrictions in section are reasonable; general exception to non-solicitation restrictions.
First Party
confidentiality obligations:
First Party
confidentiality undertaking; disclosure of confidential information by
First Party
to certain persons; exceptions to
First Party
confidentiality obligations; disclosures of
Second Party
confidential information mandated by law etc;
First Party
to stop using confidential information upon termination;
First Party
to delete confidential information following termination;
First Party
confidentiality obligations after termination.
First Party
publicity obligations: no public disclosures by
First Party
; permitted public disclosures by
First Party
.
Second Party
confidentiality obligations:
Second Party
confidentiality undertaking; disclosure of confidential information by
Second Party
to certain persons; exceptions to
Second Party
confidentiality obligations; disclosures of
First Party
confidential information mandated by law etc;
Second Party
to stop using confidential information upon termination;
Second Party
to delete confidential information following termination;
Second Party
confidentiality obligations after termination.
Second Party
publicity obligations: no public disclosures by
Second Party
; permitted public disclosures by
Second Party
.
Intellectual property rights: no assignment of intellectual property rights; no licence or limited licence to use
First Party
confidential information; no licence or limited licence to use
Second Party
confidential information.
Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
Termination: termination by either party at will.
Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; caveats to limits of liability; entire agreement; governing law; exclusive jurisdiction.
Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

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Version	2.2
First published	1 Sep 2016
Last updated	19 Jan 2023
Law	English law and EU law
Language	English (UK)
^†Word count	5,235
^†Template pages	13

† These figures are approximations.

Law of confidence Commercial law Competition law Advertising and marketing Agreement

Commission agreements

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Number of websites or digital products	1	1	5	25
Sub-licences permitted	None	1	5	25
Document licence period	No expiry	No expiry	No expiry	No expiry
Credit for Docular	Yes	No	No	No

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Commission, confidentiality and non-solicitation agreement

This is a template commission, confidentiality and non-solicitation agreement.

Commission, confidentiality and non-solicitation agreement contents

Commission agreements

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