Consulting Commission Agreement Template for New Zealand

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Key Requirements PROMPT example:

Consulting Commission Agreement

"I need a Consulting Commission Agreement for a sales consultant who will help expand our software business in New Zealand, with a tiered commission structure starting March 2025 and including non-compete provisions for the Asia-Pacific region."

Document background
The Consulting Commission Agreement is designed for use in New Zealand business contexts where organizations engage consultants on a commission-based payment structure. This document is essential when establishing formal consulting relationships where compensation is tied to specific outcomes, sales, or performance metrics. The agreement ensures compliance with New Zealand's Contract and Commercial Law Act 2017 and related legislation, while clearly distinguishing the consultant's status from that of an employee under the Employment Relations Act 2000. It is particularly valuable for businesses seeking to engage consultants in sales, business development, or other performance-based advisory roles, providing a clear framework for commission calculations, service expectations, and professional obligations.
Suggested Sections

1. Parties: Identification of the consulting company/individual and the client company

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Appointment and Status: Establishment of consultant appointment and independent contractor status

5. Services: Overview of consulting services to be provided

6. Consultant Obligations: Key responsibilities and performance standards of the consultant

7. Client Obligations: Responsibilities of the client including provision of information and resources

8. Commission and Payment Terms: Commission structure, payment calculations, invoicing, and payment terms

9. Intellectual Property: Ownership and rights related to work created during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and circumstances for termination

12. Liability and Indemnity: Limitation of liability and indemnification provisions

13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on competitive activities, used when consultant will have access to sensitive business information

2. Insurance: Insurance requirements, included when specific coverage is needed for the services

3. Performance Metrics: Specific KPIs and performance standards, used for complex or long-term engagements

4. Subcontracting: Rights and restrictions regarding subcontracting, included when relevant to the business model

5. Data Protection: Specific data handling requirements, needed when personal data processing is involved

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

7. Health and Safety: Specific health and safety obligations, required when services are performed on-site

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of consulting services and deliverables

2. Schedule 2 - Commission Structure: Detailed commission calculations, rates, and payment scenarios

3. Schedule 3 - Service Levels: Specific performance standards and service level requirements

4. Schedule 4 - Key Personnel: Details of key consultant personnel assigned to the services

5. Schedule 5 - Client Materials: List of materials and resources to be provided by the client

6. Appendix A - Reporting Requirements: Templates and requirements for regular reporting

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Professional Services

Management Consulting

Information Technology

Financial Services

Real Estate

Sales and Marketing

Business Development

Healthcare

Education and Training

Engineering

Manufacturing

Retail

Construction

Telecommunications

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Sales

Business Development

Risk and Compliance

Commercial

Strategy

Executive Leadership

Project Management Office

Vendor Management

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Sales Director

Consulting Manager

Procurement Manager

Legal Counsel

Human Resources Director

Operations Manager

Finance Manager

Project Manager

Commercial Director

Risk Manager

Compliance Officer

Strategy Consultant

Independent Consultant

Business Advisor

Sales Consultant

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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