Commission Share Agreement Template for New Zealand

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Key Requirements PROMPT example:

Commission Share Agreement

"I need a Commission Share Agreement for my real estate agency to establish a 60/40 commission split with independent sales agents, including monthly payment terms and performance bonuses for sales exceeding $2 million per quarter."

Document background
This Commission Share Agreement is designed for use in commercial relationships where parties agree to share commission earnings from business activities in New Zealand. It is particularly relevant for arrangements involving sales agents, distributors, brokers, or business partners who collaborate to generate revenue and share the resulting commissions. The document addresses key aspects required under New Zealand law, including commission calculation methods, payment schedules, GST considerations, and reporting requirements. It includes provisions compliant with the Contract and Commercial Law Act 2017 and considers tax implications under the Income Tax Act 2007. This agreement is essential for businesses seeking to formalize their commission-sharing arrangements while ensuring legal compliance and protection of all parties' interests.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement

4. Commission Structure: Details the basic framework for how commissions will be shared between parties

5. Calculation Method: Specifies exactly how commissions will be calculated, including any formulas or percentages

6. Payment Terms: Outlines when and how commission payments will be made

7. Obligations of Party A: Details the responsibilities and duties of the first party

8. Obligations of Party B: Details the responsibilities and duties of the second party

9. Record Keeping: Specifies requirements for maintaining commission-related records and documentation

10. Audit Rights: Establishes the right to audit commission calculations and related records

11. Term and Termination: Specifies the duration of the agreement and conditions for termination

12. Dispute Resolution: Outlines the process for resolving any disputes between parties

13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Non-Compete Clause: Restricts parties from engaging in competing activities - include when protecting business interests is crucial

2. Confidentiality: Detailed confidentiality obligations - include when sensitive information will be shared

3. Intellectual Property: Addresses ownership and use of IP - include when relevant IP will be shared or created

4. Insurance Requirements: Specifies required insurance coverage - include for high-value or high-risk arrangements

5. Territory Restrictions: Defines geographical limitations - include when territory-based restrictions apply

6. Marketing and Promotion: Outlines marketing responsibilities - include when joint marketing efforts are planned

7. Force Majeure: Addresses unforeseeable circumstances - include for long-term or high-value agreements

8. Assignment Rights: Controls ability to transfer rights - include when transfer restrictions are important

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission percentages and any variations based on product/service types

2. Schedule 2 - Calculation Examples: Practical examples showing how commissions will be calculated in various scenarios

3. Schedule 3 - Payment Procedures: Detailed procedures for invoicing and payment of commissions

4. Schedule 4 - Reporting Templates: Standard templates for commission reporting and reconciliation

5. Schedule 5 - Products/Services: List of products or services covered by the commission arrangement

6. Appendix A - Key Performance Indicators: Performance metrics that may affect commission rates

7. Appendix B - Territory Map: If applicable, geographical areas covered by the agreement

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Financial Services

Insurance

Retail

Technology

Professional Services

Manufacturing

Wholesale Distribution

Recruitment

Advertising and Marketing

Automotive

Construction

Import/Export

Relevant Teams

Sales

Finance

Legal

Compliance

Business Development

Operations

Commercial

Account Management

Partner Relations

Revenue

Relevant Roles

Sales Director

Business Development Manager

Channel Partner Manager

Commission Administrator

Sales Operations Manager

Financial Controller

Commercial Manager

Account Executive

Partnership Manager

Sales Agent

Broker

Distributor Manager

Legal Counsel

Compliance Officer

Chief Financial Officer

Sales Representative

Agency Principal

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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