The Fundraising Commission Agreement is essential when organizations engage professional fundraisers or agencies on a commission basis. This contract type is commonly used in England and Wales, where it must comply with specific charitable and fundraising regulations. The agreement defines commission rates, payment terms, fundraising methods, territorial rights, and compliance requirements. It's particularly important for ensuring transparency in fundraising activities and protecting all parties' interests while maintaining compliance with the Charities Act 2011 and the Code of Fundraising Practice.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and scope of fundraising services
5. Commission Structure: Details of commission rates, calculation methods, and payment terms
6. Obligations of Parties: Responsibilities and duties of both parties
7. Term and Termination: Duration of agreement and termination provisions
8. Compliance with Laws: Obligations regarding compliance with relevant legislation and regulations
9. Data Protection: Provisions for handling donor information in compliance with UK GDPR
10. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction
1. Exclusivity: Terms of exclusive fundraising rights, used when parties agree to exclusive arrangements
2. International Fundraising: Provisions for cross-border fundraising activities, included when fundraising extends beyond UK borders
3. Performance Targets: Specific fundraising goals and metrics, included when parties agree to specific performance requirements
4. Anti-Bribery Compliance: Specific provisions relating to anti-corruption compliance, particularly relevant for large-scale fundraising operations
5. Intellectual Property Rights: Provisions regarding the use of brands, logos, and other IP in fundraising activities
1. Commission Rate Card: Detailed breakdown of commission rates for different types of donations
2. Fundraising Territory: Geographic areas covered by the agreement
3. Compliance Requirements: Specific regulatory requirements and compliance procedures
4. Reporting Ƶ: Standard forms for performance reporting and commission calculations
5. Approved Fundraising Methods: List of permitted fundraising activities and methodologies
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