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NEWSLETTER 2011
206
It is regulated under article 451 of the TCO with the title “Guarantee”
that the agreements holding the marketer liable for nonpayment of
customers or non-performance of other obligations or partial or whole
costs made for the collection of debt will be void. However, an exception
is made for the marketer who makes transactions in his own customer
environment and who acts as an intermediary in insurance agreements.
In article 452, it is stated that the marketer is authorized to act as
an intermediary solely in transactions unless otherwise stipulated in
written agreements. However, if the marketer is authorized to conclude
transactions, his authorization is limited to regular legal transactions and
acts necessary for the fulfillment of such transactions. Unless special
permission is granted to the marketer, he is not authorized to collect from
the customers or change the payment dates.
In article 453, which regulates the “Activity Field”, it is stated that
if the marketer is authorized to act in a specific marketing field or in
a specific customer environment and no contrary agreement is made in
writing, then the employer cannot authorize any other party to act within
the same field and environment, but he may transact with third parties.
If a reason exists to amend the article of the agreement which is related
with the marketing field or the customer environment, then the employer
may amend such article unilaterally but the marketer will then have the
right to compensation and he may terminate the service agreement with
just cause.
Article 454 stipulates that the marketer must be paid a specific amount
or a fee which is composed of a commission together with such amount.
Written agreements in which whole or most of the fee is composed of
commission will be valid if such agreed commission compensates his
marketing activity properly. It is also stated in the same article that the fee
paid during the trial period may be decided freely and that the trial period
may be no longer than two months.
Article 455 explains that with regard to commissions and the marketer
who is authorized to act in a specific marketing field or in a specific
customer environment solely, the marketer may demand payment of such
decided or accustomed commissions in all transactions made by himself
or by the employer in such field or environment. If any other party is