Business Intermediary Services
Information and service facilitation within mutually authorised scope.
Business intermediary services provide project referrals, deal facilitation and stage-based coordination within the scope authorised by both parties. Fees and scope must be agreed in writing.
Intermediary Scope
Referring potential partners, relaying non-public information (under NDA), organising meetings, compiling quote comparisons. This does not replace due diligence.
The intermediary does not negotiate final prices on behalf of clients, does not sign binding contracts (unless separately authorised in writing), and does not participate in funds escrow.
Fee Models
Success fees, advisory fees, monthly retainer and similar must have clearly defined trigger conditions and refund terms in the agreement.
Trigger event examples: signing exclusive agency, first container release, first-year purchase volume target met. Definitions must be objectively verifiable to avoid "introduction equals payment" disputes.
Conflict Management
When serving multiple parties simultaneously, relationships must be disclosed. If necessary, we decline to continue service.
If one party is found to have provided false information, intermediary services should be terminated and minutes retained, but we do not bear investigation obligations.
Records
Key communications are recorded in meeting minutes, reducing "what was said doesn't count" disputes.
Quote comparison tables must note source, date and whether still valid. Expired quotes cannot be used as negotiation basis.
Legal
Australia and China have different requirements for intermediary contracts and commission tax treatment; lawyer review is required.
Cross-border intermediary work may involve foreign exchange and commercial bribery compliance. Clients should establish internal approval processes.
Typical Scenarios
Long-term supply agreement facilitation, joint venture equity referrals, exclusive channel negotiations, finding transferees for project exits. Each scenario has different commission structures; templates should not be applied indiscriminately.
Getting Started
Please indicate project industry, desired referral target type, authorisation period, whether an NDA is in place, and the fee-bearing party.
Legal and Commercial Implications of Intermediary Services
Intermediary work involves introducing parties, conveying information, and organising negotiations under mutual authorisation—it does not replace either party's due diligence. Australian and Chinese treatment of intermediary contracts and commission taxation may differ; legal review is required. Success fee triggers (e.g. contract signing, first container, first-year GMV) must be clearly defined and verifiable.
Conflict Disclosure
If acting as intermediary for multiple parties simultaneously, relationships must be disclosed; where conflicts of interest exist, scope should be limited or the engagement declined. Confidential information from one party must not be used to benefit another.
Records and Auditability
Key quotations, conditions, and rejection reasons should be documented in minutes. Verbal "agreements" are difficult to evidence in disputes. Growth Treasure insists that copies of minutes be retained by both parties.
Typical Intermediary Scenarios
Long-term supply agreement facilitation, joint venture equity introductions, exclusive channel negotiation support, and finding buyers for project exits. Each scenario uses different templates—a single commission structure must not be applied across all.
Intermediary work is not "pulling connections" but making information flow auditable within the authorised scope.
Intermediary Agreement
Please have a lawyer review intermediary terms and tax implications before launching.
Authorised Intermediary
Referrals and facilitation; not a substitute for due diligence.
Fee Transparency
Success fee triggers must be objectively verifiable.
Conflict Disclosure
Relationships must be disclosed when serving multiple parties.
Minutes on File
Quote comparisons note source, date and validity.