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Commission Based Consulting Agreement
"I need a Commission Based Consulting Agreement for engaging a sales consultant who will help expand our IT services in South India, with a 5% commission on successful deals and additional performance bonuses for exceeding quarterly targets, starting March 2025."
1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Services: Detailed description of consulting services to be provided
5. Commission Structure: Clear definition of commission rates, calculation methods, and payment triggers
6. Payment Terms: Terms for commission payment, including timing, method, and currency
7. Term and Termination: Duration of the agreement and conditions for termination
8. Obligations of the Consultant: Key responsibilities, performance standards, and deliverables
9. Obligations of the Company: Company's responsibilities including providing necessary information and support
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP
12. Representations and Warranties: Standard assertions about capacity, authority, and quality of services
13. Indemnification: Protection against losses and liability allocation
14. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete: Restrictions on competitive activities, used when consultant may have access to sensitive business information
2. Non-Solicitation: Restrictions on soliciting employees or clients, important for client-facing consultants
3. Insurance: Requirements for professional liability insurance, relevant for high-risk consulting services
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements
5. Audit Rights: Company's right to audit consultant's records, important for complex commission structures
6. Compliance with Laws: Specific regulatory compliance requirements, necessary for regulated industries
7. Assignment: Rights to transfer or assign the agreement, relevant for corporate restructuring scenarios
8. Exclusivity: Restrictions on working with competitors, used in strategic consulting relationships
9. Performance Metrics: Specific KPIs and performance standards, useful for complex consulting arrangements
1. Schedule A - Services Description: Detailed scope of services, deliverables, and performance standards
2. Schedule B - Commission Rates and Calculations: Detailed commission structure, including examples and specific rates
3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and quality standards
4. Schedule D - Approved Expenses: List of reimbursable expenses and approval process
5. Schedule E - Key Personnel: List of key consultant personnel assigned to the project
6. Appendix 1 - Reporting Templates: Standard formats for activity reports and commission calculations
7. Appendix 2 - Compliance Requirements: Specific regulatory or internal compliance requirements
8. Appendix 3 - Confidentiality Agreement: Detailed confidentiality terms and requirements
Authors
Applicable Law
Business Day
Commission
Commencement Date
Company
Confidential Information
Consultant
Consulting Services
Deliverables
Effective Date
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Material Breach
Net Revenue
Performance Metrics
Project
Quarter
Qualifying Revenue
Revenue Target
Services
Service Level Requirements
Success Fee
Term
Territory
Third Party
TDS
Work Product
Scope of Services
Term and Duration
Commission Structure
Payment Terms
Performance Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Non-Compete
Non-Solicitation
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Dispute Resolution
Governing Law
Notice
Amendment
Entire Agreement
Severability
Relationship of Parties
Compliance with Laws
Tax Compliance
Record Keeping
Audit Rights
Insurance
Service Levels
Exclusivity
Information Technology
Financial Services
Real Estate
Manufacturing
Retail
Healthcare
Education
Professional Services
E-commerce
Telecommunications
Business Development
Sales and Marketing
Management Consulting
Market Research
Business Process Outsourcing
Legal
Finance
Human Resources
Procurement
Business Development
Sales
Operations
Compliance
Contract Administration
Risk Management
Strategy
Commercial Operations
Business Development Manager
Sales Director
Consulting Partner
Chief Financial Officer
Legal Counsel
Procurement Manager
Human Resources Director
Operations Manager
Commercial Director
Strategy Consultant
Channel Partner Manager
Business Analyst
Contract Manager
Compliance Officer
Project Manager
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