between
Endereco UG (limited liability)
Robert Rieser
Company for Master Data Quality Management
Balthasar-Neumann-Str. 4b
97236 Randersacker
- hereinafter referred to as the Provider -
and
- hereinafter referred to as the intermediary -
the following brokerage and commission agreement is concluded:
§ 1 Activity of the provider
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The provider operates a service for master data validation and optimization in electronic business processes. To this end, it offers fee-based and free services that can be booked by the provider's customers.
§ 2 Brokerage activities
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The Agent intends to assist the Provider in arranging contacts in accordance with § 1. The Agent does not assume any obligation to act.
§ 3 Remuneration
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In the event of a successful conclusion of a contract - i.e. the booking of a chargeable service with the provider by an intermediary third party - the intermediary receives a one-off commission for his activity.
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This amount of commission is determined as follows:
The commission for each brokered contract conclusion amounts to 15 % of the net turnover realized between the provider and the brokered third party - over a term of 6 months after conclusion of the contract in a fee-based tariff.
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The mediation is successful when
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The entitlement to commission does not arise
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The entitlement to commission shall lapse pro rata
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Final non-performance or partial final non-performance by the third party shall be assumed as soon as the provider has sent the third party a second reminder and the third party has not provided the service to the provider within 14 days. It is not necessary for the provider to bring an action against the third party.
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However, the entitlement to commission arises retroactively
§ 4 Term and termination
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This contract may be terminated by either party at any time.
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This does not affect outstanding commission payments to the intermediary.
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Contracts concluded after the termination of a respective party are no longer part of the contract, even if the conclusion of the contract was brokered by the intermediary.
§ 5 Payment of the commission
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A commission shall be deemed to be due if services have been rendered by the third party to the provider on the basis of the brokerage service provided by the broker. Payment is made on a quarterly basis and is provided by the provider within 14 days of the end of the quarter.
§ 6 Final provisions
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There are no verbal collateral agreements to this contract.
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All amendments to this contract must be made in writing. This also applies to any subsequent requirement for the written form.
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The place of jurisdiction for all disputes arising from this contract shall be Würzburg - insofar as this can be legally agreed.
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Should individual provisions of this contract be invalid or void in whole or in part or become invalid or void in whole or in part as a result of a change in the legal situation or through supreme court rulings or in any other way, or should this contract contain loopholes, the parties agree that the remaining provisions of this contract shall remain unaffected and valid. In this case, the contracting parties undertake, taking into account the principle of good faith, to agree a valid provision in place of the invalid provision which comes as close as possible to the meaning and purpose of the invalid provision and which it can be assumed that the parties would have agreed at the time of conclusion of the contract if they had known or foreseen the invalidity or nullity. The same applies if this contract should contain a loophole.