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Commission and non-solicitation agreement

This version of our commission agreement document includes non-solicitation provisions. Those provisions are intended to protect the business interests of one or both of the parties, by inhibiting the other party from contacting, negotiating with and/or doing business with persons and companies associated with the protected party. In addition to the non-solicitation provisions, this document includes all of those provisions of the standard commission agreement, which cover inter alia the payment and calculation of commission, late payments and audit rights.

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Commission and non-solicitation agreement contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Commission: obligation to pay commission upon trigger event; notification of trigger event; issue of invoice for commission; consequences of failure to notify trigger event.
  4. Interest: interest on late payments.
  5. Audit: right of audit in case of disputed payment; costs of audit; limits on audit right.
  6. 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.
  7. 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.
  8. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  9. Indemnities: first party indemnifies second party upon breach; second party indemnifies first party upon breach.
  10. Termination: termination by either party at will.
  11. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  12. Notices: methods and deemed receipt of contractual notices; contact details for contractual notices; substitute contact details for notices.
  13. 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.
  14. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
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