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Sponsorship Commission Agreement Template for Canada

A Canadian Sponsorship Commission Agreement is a legally binding document that establishes the terms and conditions under which a commission agent will facilitate sponsorship arrangements on behalf of sponsors or rights holders. The agreement, governed by Canadian federal and provincial laws, outlines commission structures, payment terms, responsibilities of all parties, reporting requirements, and compliance with Canadian advertising and competition regulations. It includes specific provisions for tax implications under Canadian law and addresses requirements for both domestic and international sponsorship arrangements where applicable.

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What is a Sponsorship Commission Agreement?

The Sponsorship Commission Agreement is essential for businesses engaging in sponsorship activities within the Canadian market. This document is typically used when a company or individual (the commission agent) agrees to secure sponsorship opportunities or sponsors for a rights holder, or when they agree to find sponsorship opportunities for potential sponsors. The agreement needs to comply with Canadian federal and provincial regulations, including competition laws, tax requirements, and advertising standards. It should clearly define commission structures, payment terms, performance expectations, and territorial rights. This type of agreement is particularly important in protecting all parties' interests by clearly defining obligations, limitations, and compensation structures while ensuring compliance with Canadian legal requirements.

What sections should be included in a Sponsorship Commission Agreement?

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and scope of sponsorship activities

5. Commission Structure: Basic principles of commission calculation and payment

6. Payment Terms: Timing, method, and currency of commission payments

7. Obligations of Sponsor: Duties and responsibilities of the sponsoring party

8. Obligations of Commission Agent: Duties and responsibilities of the party earning commission

9. Reporting and Records: Requirements for activity reporting and record-keeping

10. Term and Termination: Duration of agreement and termination provisions

11. Confidentiality: Protection of confidential information

12. Representations and Warranties: Standard legal assurances from both parties

13. Limitation of Liability: Limits on parties' legal exposure

14. General Provisions: Standard legal clauses including notices, amendments, and governing law

What sections are optional to include in a Sponsorship Commission Agreement?

1. Intellectual Property Rights: Use of trademarks, logos, and other IP - include if brand assets are involved

2. Exclusivity: Terms of exclusive arrangements - include if exclusive rights are granted

3. Performance Targets: Specific performance requirements - include if minimum targets are required

4. International Provisions: Cross-border considerations - include for international arrangements

5. Compliance with Laws: Specific regulatory compliance - include if industry-specific regulations apply

6. Data Protection: Specific data handling requirements - include if personal data is processed

7. Force Majeure: Provisions for unforeseen circumstances - include if long-term or high-value agreement

8. Insurance: Insurance requirements - include if high-risk activities involved

What schedules should be included in a Sponsorship Commission Agreement?

1. Commission Rates and Calculations: Detailed breakdown of commission structures and calculation methods

2. Territory Definition: Specific geographical areas covered by the agreement

3. Sponsorship Requirements: Detailed specifications for sponsorship activities and deliverables

4. Reporting Ƶ: Standard forms for activity and commission reporting

5. Brand Guidelines: Specifications for use of logos and brand materials

6. Key Performance Indicators: Detailed metrics for measuring performance

7. Approved Sub-agents: List of approved third parties, if applicable

8. Compliance Requirements: Detailed regulatory or industry-specific compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Ƶ

Sector

Sales

Cost

Free to use

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