佣金协议概述

Why commission agreements exist

Brokers and introducers invest time and contacts, and they are paid only if the deal happens. Without clear terms, each side may remember the arrangement differently when money is due. A commission agreement turns a conversation into a record.

How fees are expressed

Whatever the form, state the currency, the basis on which it is calculated and the quantity it applies to.

• Per metric ton: a fixed amount per ton delivered, which is easy to calculate and common for bulk commodities.
• Percentage of the invoice value: scales with price, common in higher-value goods.
• Fixed fee: a stated amount per deal or per shipment.
• Retainer or success fee: sometimes used for longer assignments.

Who pays, and from what

The fee can be paid by the seller, the buyer or both. It may be built into the price or invoiced separately. The party paying should be named, and the source of payment should be clear, for example a share of each payment received by the seller. If several intermediaries share a fee, the agreement should state each share and the way it is divided, so that nobody depends on another intermediary to pass money along.

When the fee is earned and when it is paid

Clauses that help

• Identity of all parties, with registration numbers.
• Description of the deal or the product, quantity range and the counterparties introduced.
• Duration of the agreement and what happens to deals closed after it ends.
• Confidentiality, so contact details are not misused.
• Non-circumvention in a reasonable and limited form, so introduced parties do not cut out the introducer during an agreed period.
• Payment details, currency, bank charges and who bears them.
• Governing law and a way to resolve disputes.
• Records and confirmation: the right to receive copies of contracts and proof of payment relevant to the fee.

A word on fee-protection documents

Master fee protection arrangements, and similar documents, are only as good as the signatures on them. A document that the seller never signed does not oblige the seller. The best protection is a clear agreement with the party that pays, plus a clause in the sales contract or a direct payment instruction. Read the article on ICPO, LOI and related acronyms for the general picture.

Tax, licensing and local rules

Intermediary activity can have tax implications and, in some countries and some products, licensing or registration requirements. Ask an adviser in your country about invoices, taxes and any registration before you earn your first commission.

Checking the fee fits the deal

A fee has to be paid out of a margin. Use the P&L estimator to see how a commission per ton changes the result after freight, insurance, inspection and bank costs. If the fee makes the deal unprofitable for the party who pays, the deal will not close.

常见问题

Is a per-ton fee better than a percentage?

Neither is better in general. A per-ton fee is simple for bulk goods, while a percentage tracks the price. Choose what both sides can calculate and verify.

Who should sign a commission agreement?

The party that will pay the fee, with an authorised signatory, and the intermediary. A paper signed only among intermediaries does not bind the payer.

Does the fee depend on payment?

Usually it is earned when the deal is paid for. State the trigger clearly, for example payment received by the seller.

What if the parties deal directly after my introduction?

A non-circumvention clause with a stated period and scope addresses this. Without one, it is hard to claim a fee.