Commission agreement
This agreement is made on 15 December 2028 between Brightwater Analytics BV of Keizersgracht 12, 1015 CS Amsterdam, Netherlands (the "Company") and Lena Fischer of Hauptstrasse 5, 10115 Berlin, Germany (the "Earner"). Together they are "the parties".
1. Definitions
In this agreement:
- "Products" means the products or services described in section 2.
- "Customer" means a person or business that buys Products from the Company.
- "Sale" means a sale that meets the test in section 4.
- "Net Price" means the price the Customer pays for the Products, without sales tax, shipping and insurance, and after discounts, credits and refunds.
- "Commission" means the commission the Earner earns under this agreement.
- "Confidential Information" means non-public information about the Company's business, prices, Customers, plans or systems.
2. Who is paid, and for what
The Company will pay the Earner Commission on Sales of: Annual subscriptions to the Brightwater platform, all plans.
Territory or customers: Customers in Germany, Austria and Switzerland
Their status
The Earner will make Sales honestly, describe the Products truthfully, follow the Company's sales policies and the law on sales, marketing, privacy and bribery, and not promise a Customer anything that the Company has not approved. Only the Company can accept an order, set prices and sign contracts. The Earner has no authority to bind the Company unless the Company has given it in writing.
3. Commission rates
10 percent of the first-year net price of each new customer, 5 percent on renewals, 15 percent on the part of sales above 200,000 in a year
Rates are applied to the Net Price. A rate applies to Sales that qualify under section 4 on or after the start date, and until the Company changes it under section 10. Commission is not paid on tax, shipping, insurance, or on the part of a price that the Customer does not pay.
4. When a sale counts
A new customer signs a written order that the company accepts, and the customer has paid the first invoice.
A Sale counts for the Earner only if the Earner found the Customer or led the sale, as shown by the Company's order or customer records, and the Customer had no earlier relationship with the Company for the same Products unless the rates above say otherwise. The Company will decide in good faith, using its records, which Earner a Sale belongs to, and will tell the Earner if it decides a Sale does not count and why.