The importer is not entitled to any compensation in the event of the expiry or termination of the contract. 3. BS.COM.04A Introducer Agreement (Ongoing Business Relationship – Fixed Fee – Commission) – Designed for the same scenario as BS.COM.04, but includes the payment of a percentage commission for transactions that result in the establishment of the current business relationship between the supplier and imported customers instead of fixed fees. A fixed fee remains due for the introduction itself and for the opening of the current business relationship. This consideration must be interpreted as a lump sum and final compensation for all the services and expenses of the importer related to the contract, without exception or reservation. Therefore, the importer is not entitled to any other compensation, compensation or payment. In particular, it supports all expenses, royalties and investments generated by the implementation of the contract. The agreement also contains anti-corruption provisions – which are designed to be « SME-friendly » with a relatively simple scope and language. The proposal also provides for an « introductory period » (to be agreed between the parties) to protect both the importer and the supplier.
The delay protects the importer by requiring the supplier to make reasonable efforts to enter into a contract with an imported customer within a specified period of time, thus ensuring that the importer receives its commission. The limit also protects the supplier by setting a specified maximum time limit agreed upon by the parties, a reasonable period within which the importer can collect a commission. The contracting parties expressly state that the agreement fully expresses their agreement with respect to its purpose and invalidates and replaces all previous agreements between them with respect to its property. These introductory, royalty and commission agreements are intended to protect the « importing » party and to help ensure that they are paid for the services provided. Whether you are introducing potential companies or companies into known or new contacts, it is always advisable to ensure that the « initiation relationship » is properly documented. The agreement can only be amended by the explicit and written mutual agreement of the contracting parties, in which case any modification or waiver of a provision of this agreement is annexed to the agreement and attached to the agreement. The parties are independent experts. This agreement is by no means an employment contract, since the parties expressly oppose any employment relationship as an essential condition without which they would not have entered into this agreement. The contracting parties state that the agreement is in no way regarded as a « common interest mandate » (mandate of common interest), in accordance with the concept of French law: (ii) an agreement on trade agents, in particular within the meaning of Directive 86/653/EEC on the coordination of Member States` laws relating to independent trade agents; (iii) an agreement on « traveller, representative, placier » (trade agents) within the meaning of Article L. 7311-3 of the French labour code. In particular, the introductor represents the brand and guarantees that it does not exercise an exclusive and permanent substitute profession without carrying out a commercial operation for its own benefit, and that this will always be the case during the contract.