Commission agreement

IT IS AGREED as follows: 

 

  1. Definitions and Interpretation
    1. In this Agreement, unless the context otherwise requires, the following expressions have the following meanings.
      • “Business Day” means any day other than a Saturday, Sunday or bank holiday;
      • “Completed Transaction” means an agreement between the Company and a Prospective Client for the provision of the Product;
      • “Confidential Information”  means all business, technical, financial or other information created or exchanged between the parties in the course of the Agreement;
      • “Follow-up” means an attempt by the Company to contact a Prospective Client using the details supplied by the Introducer;
      • “Introduction” means the Company being introduced to a Prospective Client by the method stated;
      • “Product” means the goods and services provided by the Company; and
      • “Prospective Client” means any person who is not an existing client of the Company and who has not been a client of the Company in the 6 month period prior to Introduction.
  2. Appointment of Introducer
    1. The Company appoints the Introducer to identify and Introduce to the Company Prospective Clients for the Products supplied by the Company, pursuant to the terms and conditions of this Agreement, on a non-exclusive basis.
    2. The Agreement shall commence with effect from the date of acceptance until this Agreement is terminated.
    3. The Company shall pay to the Introducer a fee for each new client Introduced by them at the rate set out at Clause 4 of this Agreement (“the Fee”).
    4. The Company shall be entitled to supply the Product to clients notwithstanding those clients not having been Introduced to the Company by the Introducer.
  3. Introduction of Prospective Clients
    1. The Introducer shall use reasonable endeavour to identify and solicit Prospective Clients to Introduce to the Company via the listing site hebmac.com.
  4. Fees and Payment
    1. The Company will pay the Introducer 15% of the final contract price (exclusive of any VAT) of the Completed Transaction in respect of each Prospective Client Introduced. This fee to be deducted by the Introducer from any payments made by the Client in respect of these services.
  5. Relationship of the Parties
    1. Nothing in this Agreement shall constitute, or be deemed to constitute, a partnership between the parties nor, except as expressly provided, shall it constitute, or be deemed to constitute, any party the agent of any other party for any purpose.
    2. Subject to any express provisions to the contrary in this Agreement, the Introducer shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf of the Company or bind the Company in any way.
  6. Confidentiality
    The parties agree to keep all Confidential Information in relation to the business of the other confidential during and after the term of the agreement. This Clause will not apply to:
    1. any information which has been published or is in the public domain other than through a breach of this agreement;
    2. information in the possession of the recipient party before the disclosure under this agreement took place;
    3. information obtained from a third party who is free to disclose it;
    4. information which a party is required by law to disclose.
  7. Non Circumvention
    The Company and the Introducer hereby irrevocably agree not to circumvent or attempt to circumvent the provisions of this Agreement, including but not limited to those provisions regarding the calculation and payment of the Fee, and affirm that in every case that they will act with the highest standards of ethics in their dealings with each other.