Commission Based Consulting Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Commission Based Consulting Agreement is essential for businesses operating in Germany that engage external expertise on a commission basis. This document is particularly crucial when organizations seek to establish clear, legally compliant consulting relationships where compensation is tied to specific outcomes or performance metrics. It addresses key requirements under German law, including proper classification of independent contractors to avoid Scheinselbständigkeit issues, GDPR compliance, and German Commercial Code (HGB) provisions regarding commission structures. The agreement is designed to protect both parties' interests while ensuring transparency in commission calculations, service scope, and delivery expectations. It's particularly relevant for scenarios where consultants provide services such as business development, sales optimization, or market expansion, with their compensation linked to successful outcomes or revenue generation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

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

Relevant Teams

Legal

Finance

Human Resources

Procurement

Operations

Sales

Business Development

Compliance

Commercial

Contract Management

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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