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Independent Contractor Sales Commission Agreement
"I need an Independent Contractor Sales Commission Agreement for our software company based in Auckland, with a 15% commission structure for new clients and 10% for renewals, including non-compete provisions for the Australia-New Zealand market."
1. Parties: Identification of the company/principal and the independent contractor, including full legal names and addresses
2. Background: Context of the agreement, nature of the business, and the independent contractor relationship
3. Definitions: Key terms used throughout the agreement including 'Commission', 'Sales', 'Territory', 'Products/Services', 'Customers'
4. Appointment and Scope: Terms of appointment, scope of authority, and territory/market assignment
5. Independent Contractor Status: Clear statement of independent contractor relationship and not employment
6. Commission Structure: Base commission rates, calculation methods, and payment terms
7. Obligations of the Contractor: Sales targets, reporting requirements, professional conduct, and service standards
8. Obligations of the Company: Support, training, materials, and resources to be provided
9. Intellectual Property: Ownership and usage rights of company IP, trademarks, and materials
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and grounds for termination
12. Post-Termination Obligations: Return of materials, ongoing confidentiality, and final commission payments
13. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Non-Compete: Restrictions on competing activities during and after the agreement - include when protecting market position is crucial
2. Non-Solicitation: Restrictions on soliciting customers or other contractors - include when protecting customer relationships is important
3. Insurance Requirements: Specific insurance coverage requirements - include when contractor activities involve significant risks
4. Performance Incentives: Additional bonus structures or incentives - include when offering tiered commission structures
5. Marketing and Advertising: Guidelines for marketing activities - include when contractor will conduct independent marketing
6. Expenses and Reimbursement: Terms for expense claims - include when contractor may incur reimbursable expenses
7. Sub-contracting: Rules about engaging sub-contractors - include when sub-contracting might be relevant
8. Data Protection: Specific data handling requirements - include when dealing with sensitive customer data
1. Commission Rate Schedule: Detailed breakdown of commission rates for different products/services
2. Territory Description: Detailed description of geographical or market territory assigned
3. Product/Service List: Comprehensive list of products/services the contractor is authorized to sell
4. Sales Targets: Specific sales targets and performance metrics
5. Reporting Templates: Standard forms for sales reporting and commission calculations
6. Company Policies: Relevant company policies the contractor must comply with
7. Training Requirements: Required training programs and certifications
Authors
Business Day
Commission
Confidential Information
Customer
Effective Date
Force Majeure
GST
Initial Term
Intellectual Property
Net Sales
Products
Principal
Qualified Sale
Sales Territory
Services
Term
Contractor
Commission Period
Performance Targets
Marketing Materials
Company Policies
Purchase Order
Sales Report
Commission Statement
Competitive Business
Renewal Term
Trade Secrets
Termination Date
Working Hours
Customer Database
Sales Lead
Commission Rate
Gross Revenue
Related Company
Material Breach
Independent Contractor Status
Commission Structure
Payment Terms
Performance Requirements
Territory Rights
Term and Duration
Termination
Confidentiality
Intellectual Property
Non-Competition
Non-Solicitation
Reporting Requirements
Representations and Warranties
Indemnification
Insurance
Force Majeure
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Amendment
Severability
Data Protection
GST and Taxation
Marketing and Promotion
Customer Relationships
Training and Support
Records and Audits
Post-Termination Obligations
Compliance with Laws
Good Faith
Retail
Real Estate
Insurance
Financial Services
Technology
Manufacturing
Professional Services
Telecommunications
Pharmaceutical
Medical Devices
Consumer Goods
Industrial Equipment
Software and SaaS
Automotive
Construction
Sales
Legal
Human Resources
Commercial Operations
Business Development
Contract Administration
Finance
Compliance
Revenue Operations
Sales Director
Commercial Manager
Business Development Manager
Sales Operations Manager
Contract Manager
Legal Counsel
HR Director
Chief Revenue Officer
Sales Representative
Territory Manager
Channel Manager
Independent Sales Agent
Commission-based Representative
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