Brokerage contract template content
The intermediary’s right to claim remuneration
The right to claim remuneration is the main right of the intermediary. If the two parties agree on the intermediary's remuneration and the intermediary's remuneration standard, and there are restrictions stipulated by the state, the amount of remuneration agreed upon by the parties cannot exceed the highest standard stipulated by the state. There are two situations in which the obligation to pay remuneration in an intermediary contract is: First, reporting intermediary, because the intermediary only reports contracting opportunities to the client and does not have a relationship with the client's counterparty, so the reporting intermediary only bears the payment obligation on the client; The second is intermediary, because both parties to the transaction benefit from the intermediary, so unless otherwise agreed, both parties will bear the intermediary's remuneration equally.
When an intermediary exercises its right to claim remuneration, remuneration will be paid later, that is, it is limited to the establishment of the contract due to its report or media. If the contract has not been established, no remuneration may be requested; if the contract is established but invalid, the intermediary cannot request remuneration.
When an intermediary violates the principle of good faith and accepts benefits from the counterparty, or violates its obligations to the principal and acts in favor of the counterparty, it shall not exercise the right to claim remuneration from the principal.
The intermediary’s right to claim for reimbursement of fees
The fees required by the intermediary are usually included in the remuneration. The fees for intermediary activities are generally borne by the intermediary. Without special agreement, the intermediary may not request reimbursement of expenses. However, if the parties agree in the intermediary contract that the principal shall bear the expenses, the intermediary has the right to claim reimbursement for the expenses it has paid.
When an intermediary violates its obligation to the principal and acts in favor of the counterparty of the principal, or the counterparty accepts benefits in a manner that violates the principle of good faith, the intermediary has no right to claim for reimbursement of fees even if it is agreed in advance.
Other matters of intermediary contract template
The intermediary’s obligations:
1. The obligation to report contracting opportunities or provide a medium for contract conclusion. The intermediary shall truthfully report to the client matters concerning the conclusion of the contract.
2. Duty of loyalty. The intermediary shall truthfully report matters related to the conclusion of the contract and other relevant information.
3. The obligation to bear the intermediary fees. If an intermediary facilitates the establishment of a contract, the intermediary's expenses shall be borne by the intermediary.
4. Anonymity and confidentiality obligations. In media intermediary, if one or both parties appoint an intermediary not to inform the other party of his or her name or trade name, the intermediary has the obligation not to inform the other party of his or her name, trade name or name. This is the obligation of anonymity. This kind of Intermediaries are also called anonymous intermediaries or anonymous intermediaries. It is the right of the parties to the intermediary contract to decide whether to allow their names to be disclosed. Therefore, whether it is the principal or its transaction counterparty, the intermediary can specify that the intermediary shall not disclose its name or name to its counterparty. Then, the intermediary should perform anonymity obligations during or after the two parties enter into the contract. The intermediary shall keep confidential the client's business secrets, information provided by the client, transaction opportunities, subsequent contract conclusion, etc. that it learns while completing intermediary activities for the client, as stipulated in the contract. If the intermediary violates the anonymity and confidentiality obligations and causes damage to the anonymous party or client, he shall be liable for damages.
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