Commission-Only Service Agreement
BrimbleCorp Pty Ltd T/A Brimble Media
ABN: 34 637 082 323
1. Commission
- International Engagements: 30% commission on paid engagements resulting directly from Brimble Media’s introduction.
- Australian Engagements: 30% commission plus GST on paid engagements resulting directly from Brimble Media’s introduction.
- Definition of “Generated”: An opportunity is commissionable only where:
– Brimble Media makes an introduction;
– The Client accepts the opportunity; and
– The Client is booked and receives payment. - Payment Timing: Commission is due within 14 days of the Client receiving payment from the organiser.
2. Scope of Services
Brimble Media will:
- Conduct outreach and introduce the Client to relevant organisers, podcasts, and media outlets;
- Customise outreach materials and messaging to align with the Client’s brand;
- Provide updates through a shared communication channel.
Exclusions: Brimble Media is not responsible for the Client’s speaking performance, fulfilment, or negotiation beyond the introduction stage.
3. Client Discretion
The Client may accept or decline any opportunity at their discretion. Opportunities not pursued simply lapse without penalty.
4. Exclusivity
All opportunities introduced by Brimble Media must be booked through Brimble Media. This obligation lasts for 12 months from the date of introduction.
5. Non-Circumvention
The Client agrees not to circumvent Brimble Media by engaging directly with any organiser, contact, or platform introduced by Brimble Media without paying the agreed commission. This obligation survives termination and remains enforceable for 12 months from the date of introduction.
6. Termination
- Either party may terminate this Agreement with 7 days’ written notice.
- Commission obligations remain payable for any opportunities:
- accepted before termination; or
- confirmed in writing within 60 days post-termination.
7. Payment Terms
- Commission invoices are payable within 14 days of issue.
- Late Payments: Interest of 2% per month (simple interest) may apply, plus reasonable collection costs if required.
- If Brimble Media is holding funds, balances will be remitted to the Client within 14 days of release by the organiser.
Brimble Media reserves the right to suspend representation until overdue balances are settled.
8. Creative Freedom
The Client authorises Brimble Media to exercise reasonable creative freedom in outreach and positioning to maximise booking opportunities, provided representations remain professional and aligned with the Client’s agreed profile.
9. No Guarantees & No Refunds
Brimble Media provides no guarantees of specific outcomes or bookings. The success of outreach depends on organiser interest, market conditions, and timing. Under a commission-only arrangement, no refunds, credits, or offsets apply.
10. Limitation of Liability
Brimble Media will not be liable for any loss, damage, or expense arising from organiser decisions, event cancellations, or the Client’s conduct, non-performance, or non-payment.
11. Force Majeure
Neither party will be liable for delays or failure to perform obligations caused by circumstances beyond reasonable control, including (but not limited to) natural disasters, government restrictions, or platform disruptions.
12. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of this Agreement.
13. Governing Law
This Agreement is governed by the laws of Queensland, Australia, and both parties agree to submit to its jurisdiction.
14. Electronic Execution
This Agreement may be executed electronically. Digital signatures, typed names, or confirmation via email or invoice payment are valid and binding under the Electronic Transactions Act 1999 (Cth).
By signing below, or by paying the first invoice, the Client accepts all terms in full.
