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Agent Agreement Sample
Agent agreement is a contact paper between two parties where one party allows another party to work on behalf of the first party. It is also known as an Agency agreement or representative agreement. This type of agreement may form between organization to organization or organization to person. The author has sketched a sample of agent agreements between a Canadian college and a student admission agency. Here, XYZ represents the college name, and the Responsible unit for Agent represents the department of the college that liaises with the agent.
Agent Agreement Sample
University/ College Agent Agreement Sample
This agreement dated: ___/0 /2021, between:
1st Party XYZ University / XYZ College / XYZ Educational Institute Name
2nd Party Agent Name
- XYZ College grants the right to solicit students for the programs offered by affiliated schools of XYZ College Ltd. as per above.
- The agent may be informed of any developments related to change of existing programs and introduction of new programs, joint ventures, and/or articulation agreements with other
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties agree as follows:
1. Responsibilities of Agent:
XYZ. pays the Agent on a quality and quantity basis (Inclusive of all applicable taxes) of the net tuition received for each international student referred by the Agent who enrolls, begins his/her education, and remains enrolled and actively attends an affiliated school of XYZ College Ltd. for a period of at least 30 days. The commission will be paid on prorate basis (as Earned)
*Commissions for our authorized agents would be ___% of course’s paid tuition only.
An international student is a person who is not a Canadian citizen or a landed immigrant or who has not been determined under the Immigration Act to be a Convention Refugee. As such, an International student would require a proper study permit that must be secured prior to starting the program. In all other cases (Canadian Citizens and Permanent Residents), Responsible Unit For Agent will pay the Agent ____% (Inclusive of all applicable taxes) of the net tuition received.
- Agent shall accurately present the schools and programs of schools affiliated with XYZ College to the prospective students, their parents, and any interested parties.
- Agent shall be familiar with, and strictly adhere to, the applicable government regulation and/or accreditation requirements with respect to the recruitment and admission of international
- Agent shall interview prospective students and gather information regarding the students:
- English language
- Financial ability to meet all costs associated with securing a post-secondary education in
Minimum Criteria for International Students Admissions is mentioned below:
- IELTS: Overall 6with no band less than 5 in any module
- Academics requirements: Pass with 55%overall Grade 12 or A levels
- Core subject scores (as per the stream): 50% or more in Grade 12 or A levels
- The agent should provide assistance to prospective students and their families in making the application to XYZ College and in advising about visa eligibility and obtaining the study permit (if required) to study in Canada. Agents should review application materials for accuracy and submit all credentials, forms, and application and assessment fees on behalf of the applicant. All application forms MUST bear Agent’s stamp/seal.
- Additional responsibilities may include:
- Ensuring all students have proper medical insurance/coverage.
- Assisting students, where necessary, in obtaining airline tickets and travel
- Communicating with XYZ College’s Admissions Advisor, the transportation details, the specific arrival date of the enrolled student.
2. Status and Authority of the Agent:
- The agent is not an employee of XYZ College or any related entity.
- The agent has no authority to offer admission to any prospective student or to enter into any legally binding agreement, whatsoever, on behalf of XYZ College; admissions to XYZ College Ltd.’s programs can only be granted by XYZ College Ltd. through its admissions process and all decisions regarding the admission of students are the sole prerogative of XYZ College Ltd.
- The agent has no authority to commit affiliated schools of XYZ College to any contract or obligation of any kind.
3. Printed Materials and Advertisements:
All promotions on behalf of XYZ College Ltd. must be conducted in a truthful and ethical manner by the Agent. Moreover, in the recruitment of students under this Agreement, the Agent shall use only those brochures, advertisements, and other promotional materials that are accepted from XYZ College Ltd. for that purpose. All materials produced by XYZ College Ltd. are trademarked and are the property of XYZ College Ltd. reproduction of XYZ College Ltd. materials by any means, including the translations of XYZ College Ltd. materials, is strictly prohibited without the prior express written consent of XYZ College Ltd. Should the Agent wish to create their own marketing materials in order to advertise programs offered by affiliated schools of XYZ College Ltd., XYZ College Ltd. must approve those in writing prior to them being released to the public.
4. Processing of Applications:
XYZ College Ltd. shall use good faith efforts to send out to Agent notice of the admissions decision within forty-eight (48) hours after the school has received a complete enrollment package. Responsible Unit For Agent. agrees to pay Agent commission as outlined in this agreement and as in relation to each student’s enrollment (see #17 for details).
5. Laws and Regulations:
- Agent agrees to abide by provincial and federal laws and standards with respect to fair marketing principles and further agrees to be responsible for and to indemnify and save harmless XYZ College from any loss or claim that is the result of Agent’s failure to abide by these laws or standards.
- The agent is responsible for being fully knowledgeable about, and compliant with, all applicable laws, regulations, policies, procedures, customs, and cultural attributes of the country or countries in which the Agent operates under this
- Agent must have a valid business license and must maintain one to be granted a contract of representation with XYZ College
6. Statement of Refund Policy:
XYZ College Ltd. applies student tuition refund policies (as mentioned on the website) established in applicable provincial and federal government regulations, which are subject to change.
All expenses incurred by Agent in connection with the activities of Agent under this Agreement are the sole responsibility of Agent unless approved in writing in advance by the management of XYZ College Ltd.
XYZ College Ltd. retains its right to engage more than one Agent to provide services to prospective students in the same geographic area.
This Agreement shall be in effect when signed by and delivered to both parties. The duration shall be for a term of one (1) year from the date the Agreement was signed. The Agreement may be extended by the mutual, written agreement of both parties. Otherwise, the Agreement shall expire on the anniversary of the effective date.
10. Termination of Contract:
- Either party may terminate this Agreement by providing thirty (30) days advance written notice to the other party of their intention to terminate this Agreement;
- Agent shall receive the appropriate compensation as provided in this Agreement for any prospective student referred by Agent who has filed a completed application, paid a deposit under this Agreement on or before the termination date if that student thereafter attends the classes;
- Following termination, Agent shall not print or distribute advertising materials promoting XYZ College
11. Due Care and Ethical Practice:
- Agent shall conduct themselves with due care and reflect high ethical practice and Agents that, in the opinion of XYZ College Ltd.., have acted contrary to ethical business practice including, but not limited to, the Code of Ethics (attached) or contrary to any accreditation or regulatory requirements under Canadian law may, in XYZ College Ltd.’s absolute discretion, be subject to the immediate termination of this Agreement.
- Agent agrees to save, protect, hold harmless and indemnify XYZ College for any loss, damages, or adverse impact that results from any failure of the Agent to abide by the code of ethics, failure to act with due care, including any failure of Agent to abide by the applicable Canadian consumer protection, accreditation or regulatory requirements.
Any notice or other communication under this Agreement shall be considered effective if it is in writing and is either delivered in person or properly sent by fax, e-mail, courier service, or registered mail to the respective parties at the address provided herein unless notice of a different address has been previously given. Agent and XYZ College Ltd. shall immediately apprise the other of any changes in address.
13. Assignment and Delegation by Agent:
None of the rights, privileges, or obligations of Agent may be assigned or transferred at any time without the prior written consent of XYZ College Ltd. Agent may delegate the performance of specific duties, but Agent shall remain fully responsible for the full performance of this Agreement.
14. Interpretation of Agreement:
This Agreement shall be interpreted in accordance with the laws of British Columbia, Canada.
15. The Agent is not an Employee:
For greater certainty, Agent is not an employee or representative of XYZ College Ltd. and has no authority to bind or assume any responsibility, liability, debt, or obligation, whatsoever, on the behalf of XYZ College Ltd.
16. Entire Agreement:
This Agreement, including the attached Code of Ethics, constitutes the entire understanding of the parties with respect to the subject matter and supersedes all other prior or contemporaneous, written or oral, promises and recruitments of any kind.
17. Compensation for Agents:
Agent agrees that no fees shall be charged to any student in relation to this agreement and/or attendance at any XYZ College Ltd. school, except as agreed to in writing by XYZ College Ltd. The sole and exclusive obligation of Responsible Unit For Agent. to pay Agent as follows:
- After students have completed and signed a student Enrollment Agreement and completed payment of required Registration/Application fee and have met all necessary admissions requirements to receive Acceptance, Agent shall be notified by XYZ College of successful enrollment, but no fees shall be paid to the Agent at this time.
- In the event that a student does not start studies at XYZ College or withdraws/is withdrawn from the program prior to starting the school, the Agent shall not be eligible for any fee/commission.
- In the event, a student withdraws or is dismissed from the program after starting the program and within the first 30 calendar days of the program start date, the Agent shall not be eligible for any
- In the event, a student withdraws or is dismissed from the program after starting the program and staying in the program for a minimum of 30 calendar days and where the institution is required by legislation to provide a refund to the student, and where XYZ College has paid Agent referral fee, Agent shall reimburse XYZ College Ltd. for the fees paid to Agent for the student in question, less the amount of tuition fees not refunded to the student by XYZ College Ltd. (see Student Enrollment Agreement-Tuition Refund Policy).
- All referral fees are payable in Canadian dollars
- In the case whereby a student enrolled by Agent fails to successfully complete a program of study in which Agent enrolled the student. Therefore must repeat a program of study, no additional fee may be collected or is payable by XYZ College or Responsible Unit For Agent.to Agent for the repeated program(s) of study.
ACCEPTED AND AGREED:
Signed on behalf of Agent:
Signed on behalf of 1st Party.:
Name: Manpreet Singh
Title: Marketing Manager
Note: Code of Ethics for Agents attached and forms part of this Agreement.
Code of Ethics for Agent Agreement
Agents agree to conduct themselves respecting the highest level of professionalism, competence, integrity, and ethical business conduct and adhere to the points below:
- Agents must have a valid business. Additionally, Agent has to have properly registered and licensed with civic, provincial, and federal authorities, where applicable. If the Agent fails to abide by this policy, then the contract shall be subject to termination.
- To exercise truth, accuracy, and integrity in all aspects of the promotion of XYZ College, to act in accordance with ethical industry and business practices, including respecting the applicable consumer protection, human rights, nondiscrimination, immigration, privacy, and related government legislation and regulations.
- To accurately and honestly represent XYZ College and its program offerings.
- To maintain liability
- To be familiar with, and respect applicable government and accreditation regulations, including the prohibition of representing that the successful completion of a program guarantees employment or that admission, guarantees government student financial
- To keep confidential to XYZ College during, as well as after, the termination of this agreement, all XYZ College Ltd. marketing, enrollment, recruitment and related materials, business information, strategies, data, student lists, or any proprietary information or other information disclosed on the understanding that the material keeps confidential. Under no circumstance disclose any information, including but not limited, as set out above, acquired during the term of this agreement with XYZ College Ltd. to any other person or party without the express permission of XYZ College Ltd.
- To respect XYZ College’s copyright and trademark rights.
- Tobe of good character and reputation and to conduct themselves in a manner that shall not adversely impact, directly or indirectly, the reputation of XYZ College
- That greater certainty, Agent is not an employee, agent, or representative of XYZ College and has no authority to bind or assume any responsibility, liability, debt, or obligation on the behalf of XYZ College Ltd.
- To not engage in any practice of providing unapproved incentives or of any kind to potential students to attend XYZ College without the consent of XYZ College Ltd., including but not limited to, discounting of school tuition, through referral fees, or trade of goods or services unrelated to supporting the student’s educational needs.
- To abide by all relevant accreditation, registration requirements including an acknowledgment that this agreement may be reviewed by authorized accreditation and/or regulatory
Failure to adhere to the code of conduct shall result in the immediate termination of all agreements between XYZ College Ltd. and Agent, also may result in unpaid commissions being retained by XYZ College Ltd.