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1. Parties: Identifies the cooperating brokers entering into the agreement, including their legal names, license numbers, and business addresses
2. Background: Explains the context of the agreement, including the brokers' desire to collaborate and share compensation for referred business
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Commission', 'Qualified Lead', and 'Territory'
4. Scope of Cooperation: Outlines the nature and extent of the cooperation between the brokers
5. Compensation Structure: Details the agreed-upon commission splits, referral fees, and payment terms
6. Payment Terms: Specifies when and how payments will be made, including payment methods and timing
7. Responsibilities of Parties: Lists the obligations and duties of each broker in the cooperative relationship
8. Confidentiality: Addresses the handling of confidential information shared between brokers
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. Dispute Resolution: Outlines the process for resolving any disputes between the parties
11. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction
12. Execution: Formal signing section with space for signatures, dates, and witness details
1. Territory Restrictions: Defines geographic limitations on the cooperation, used when brokers want to limit their cooperation to specific areas
2. Exclusivity: Addresses whether the cooperation arrangement is exclusive, used when brokers want to establish exclusive referral relationships
3. Marketing and Branding: Guidelines for co-marketing and brand usage, included when brokers plan joint marketing activities
4. Professional Insurance: Requirements for maintaining professional liability insurance, included for high-value or high-risk cooperation arrangements
5. Data Protection: Detailed protocols for handling personal data, included when significant customer data sharing is involved
6. Training Requirements: Specifies any required training or certifications, included when specific expertise is necessary
7. Force Majeure: Provisions for unforeseen circumstances, included for longer-term or more complex arrangements
1. Schedule A - Commission Structure: Detailed breakdown of commission splits and referral fees for different types of transactions
2. Schedule B - Territory Map: Visual representation and description of any geographic territories covered by the agreement
3. Schedule C - Required Documentation: List of documents required for processing referrals and commission payments
4. Schedule D - Contact Details: List of key contacts and their roles within each brokerage
5. Appendix 1 - Referral Process: Step-by-step process for making and accepting referrals
6. Appendix 2 - Commission Calculator: Tools or formulas for calculating commission splits in various scenarios
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