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Commission Based Consulting Agreement
"I need a Commission Based Consulting Agreement for engaging a business development consultant starting March 1, 2025, with a 10% commission structure on successful client acquisitions in the Malaysian market, including standard confidentiality and non-compete provisions."
1. Parties: Identification of the company and the consultant, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, nature of the company's business, and general purpose of the consulting arrangement
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Commission', 'Intellectual Property', etc.
4. Appointment and Scope: Terms of consultant's appointment and detailed scope of services to be provided
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Commission Structure: Detailed explanation of commission calculations, payment terms, and conditions for earning commission
7. Consultant's Obligations: Key responsibilities, performance standards, and compliance requirements
8. Company's Obligations: Company's responsibilities, including provision of information and support
9. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Intellectual Property: Ownership and rights to materials created during the consultation
12. Termination: Grounds for termination, notice periods, and consequences of termination
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including notices, amendment process, and severability
1. Non-Compete: Restrictions on consultant's ability to work with competitors (include if protecting market position is crucial)
2. Non-Solicitation: Restrictions on soliciting company's clients or employees (include for client-facing roles)
3. Insurance: Requirements for professional indemnity or other insurance (include for high-risk services)
4. Performance Metrics: Specific KPIs and performance measurement criteria (include if commission is performance-based)
5. Training and Support: Details of any training or support provided by company (include for complex service arrangements)
6. Expenses: Policy on reimbursement of expenses (include if consultant may incur business expenses)
7. Data Protection: Specific obligations under PDPA (include if personal data processing is involved)
8. Force Majeure: Provisions for unforeseen circumstances (include for long-term arrangements)
1. Schedule 1 - Services Description: Detailed description of consulting services to be provided
2. Schedule 2 - Commission Structure: Detailed commission rates, calculation methods, and examples
3. Schedule 3 - Performance Metrics: Specific KPIs, targets, and measurement methods
4. Schedule 4 - Reporting Requirements: Templates and timing for activity and performance reporting
5. Schedule 5 - Approved Expenses: List of approved business expenses and reimbursement procedures
6. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and requirements
7. Appendix B - Company Policies: Relevant company policies consultant must comply with
Authors
Appointment
Term
Services
Commission
Payment Terms
Performance Standards
Independent Contractor Status
Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Non-Competition
Non-Solicitation
Record Keeping
Reporting
Insurance
Indemnification
Limitation of Liability
Force Majeure
Termination
Consequences of Termination
Notice
Assignment
Variation
Waiver
Severability
Entire Agreement
Governing Law
Dispute Resolution
Financial Services
Real Estate
Information Technology
Management Consulting
Sales and Marketing
Professional Services
Insurance
Education and Training
Healthcare
Telecommunications
Business Development
Retail
Legal
Human Resources
Finance
Procurement
Business Development
Sales
Operations
Compliance
Commercial
Business Development Consultant
Sales Consultant
Marketing Advisor
Financial Advisor
Property Consultant
Management Consultant
Strategy Consultant
IT Solutions Consultant
Training Consultant
Recruitment Consultant
Investment Advisor
Business Transformation Consultant
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