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Commission Based Consulting Agreement
"I need a Commission Based Consulting Agreement for engaging a technology consultant who will help our German software company expand into cloud services, with a 10% commission on new client contracts and 5% on renewals, starting March 2025."
1. Parties: Identification of the Principal and the Consultant, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Commission', 'Clients', and other relevant terminology
4. Scope of Services: Detailed description of consulting services to be provided, establishing clear independent contractor status
5. Commission Structure: Detailed explanation of commission calculations, rates, and payment terms
6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
7. Consultant's Obligations: Key responsibilities, performance standards, and reporting requirements
8. Principal's Obligations: Support, information, and resources to be provided by the principal
9. Payment Terms: Invoice submission process, payment timeline, and handling of expenses
10. Intellectual Property: Ownership and usage rights of work products and pre-existing IP
11. Confidentiality: Protection of business secrets and confidential information
12. Data Protection: GDPR compliance and data handling requirements
13. Independent Contractor Status: Clear establishment of independence to avoid Scheinselbständigkeit
14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Non-Compete: Restrictions on competing activities, used when consultant has access to sensitive market information
2. Client Assignment: Process for assigning specific clients to the consultant, used in territory-based arrangements
3. Performance Targets: Specific KPIs or targets, used when commission rates vary based on performance
4. Training Requirements: Mandatory training or certification requirements, used in regulated industries
5. Insurance: Professional liability insurance requirements, used in high-risk consulting scenarios
6. Marketing and Representation: Guidelines for market representation, used when consultant represents principal's brand
7. Succession Planning: Provisions for transfer of clients/contracts, used in long-term strategic relationships
8. Force Majeure: Provisions for unforeseen circumstances, used in long-term or high-value agreements
1. Schedule 1: Services Description: Detailed breakdown of consulting services and deliverables
2. Schedule 2: Commission Rates: Detailed commission structure, including any variations and special cases
3. Schedule 3: Reporting Templates: Standard formats for activity reports and commission calculations
4. Schedule 4: Approved Expenses: List of reimbursable expenses and approval processes
5. Schedule 5: Compliance Requirements: Specific regulatory or industry compliance requirements
6. Appendix A: Client List: List of assigned clients or territories, if applicable
7. Appendix B: Key Performance Indicators: Detailed performance metrics and measurement methods
8. Appendix C: Data Processing Agreement: GDPR-compliant data processing terms and conditions
Authors
Applicable Law
Approved Expenses
Business Day
Client
Commission
Confidential Information
Consulting Services
Contract Period
Data Protection Laws
Deliverables
Effective Date
Force Majeure
Gross Revenue
Intellectual Property Rights
Net Revenue
Performance Metrics
Personal Data
Principal
Project
Qualified Lead
Reports
Service Territory
Services
Success Fee
Target Market
Term
Trade Secrets
Transaction
Work Product
Commission Structure
Payment Terms
Performance Requirements
Independent Contractor Status
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Term and Termination
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Insurance
Compliance with Laws
Record Keeping
Audit Rights
Notice
Assignment
Severability
Entire Agreement
Amendment
Governing Law
Dispute Resolution
Client Protection
Reporting Requirements
Expenses
Territory Rights
Professional Services
Management Consulting
Sales and Marketing
Information Technology
Financial Services
Real Estate
Business Development
Healthcare Consulting
Engineering Services
Environmental Consulting
Education and Training
Manufacturing
Telecommunications
Legal
Finance
Human Resources
Procurement
Operations
Sales
Business Development
Compliance
Commercial
Contract Management
Chief Executive Officer
Business Development Manager
Sales Director
Legal Counsel
Procurement Manager
Human Resources Director
Finance Director
Operations Manager
Commercial Director
Managing Consultant
Independent Business Consultant
Project Manager
Compliance Officer
Contract Manager
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