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Commission Only Agreement
"I need a Commission Only Agreement for hiring independent real estate agents in Manila, with a tiered commission structure starting at 3% for residential properties and 5% for commercial properties, including non-compete restrictions for 12 months after termination."
1. Parties: Identifies the principal/company and the commission agent/representative
2. Background: Explains the context of the agreement and the parties' intentions to enter into a commission-only arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Commission', 'Sales', 'Territory', etc.
4. Appointment and Scope: Establishes the agent's appointment, territory, and products/services covered
5. Independent Contractor Status: Clearly defines the relationship as independent contractor, not employment
6. Commission Structure: Details the commission rates, calculation methods, and qualifying sales
7. Payment Terms: Specifies payment frequency, method, and conditions for commission earnings
8. Performance Standards: Outlines expected performance metrics and sales targets
9. Term and Termination: Specifies agreement duration and grounds for termination
10. Obligations and Responsibilities: Lists specific duties and responsibilities of both parties
11. Confidentiality: Protects company's confidential information and trade secrets
12. Non-Competition and Non-Solicitation: Restricts competitive activities during and after the agreement
13. Dispute Resolution: Outlines process for resolving disputes under Philippine law
14. Governing Law: Specifies Philippine law as governing law and jurisdiction
1. Training and Support: Include when company provides specific training or support systems
2. Marketing and Advertising: Add when agent has specific marketing responsibilities or restrictions
3. Expense Policy: Include if any business expenses are reimbursable
4. Insurance Requirements: Add when agent must maintain specific insurance coverage
5. Intellectual Property Rights: Include when agent will be creating or using IP
6. Data Protection: Add when agent will handle personal or sensitive customer data
7. Force Majeure: Include for protection against unforeseen circumstances
8. Assignment Rights: Add when transfer of rights needs to be addressed
9. Minimum Performance Guarantees: Include when specific sales targets are critical
1. Schedule A - Commission Rates and Calculations: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule B - Territory Definition: Detailed description of geographical or customer territory assigned
3. Schedule C - Product/Service List: Comprehensive list of products/services covered by the agreement
4. Schedule D - Performance Metrics: Detailed performance standards and evaluation criteria
5. Schedule E - Reporting Templates: Standard forms for sales reporting and commission calculations
6. Appendix 1 - Code of Conduct: Guidelines for professional behavior and ethical standards
7. Appendix 2 - Sales Procedures: Standard operating procedures for sales activities
Authors
Real Estate
Insurance
Financial Services
Retail
Telecommunications
Automobile Sales
Technology Solutions
Manufacturing
Direct Sales
Consumer Goods
Professional Services
Healthcare Products
Advertising
Travel and Tourism
Construction Materials
Sales
Business Development
Channel Management
Revenue Operations
Legal
Human Resources
Finance
Compliance
Operations
Contract Administration
Partner Relations
Commercial
Sales Representative
Business Development Manager
Real Estate Agent
Insurance Agent
Commission Sales Executive
Territory Sales Manager
Independent Sales Consultant
Channel Partner Manager
Sales Director
Account Executive
Regional Sales Manager
Direct Sales Representative
Marketing Representative
Product Specialist
Business Development Executive
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