Commission Draw Agreement Template for United States

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Key Requirements PROMPT example:

Commission Draw Agreement

"Need a Commission Draw Agreement for our new sales team in California, with a monthly draw of $4,000 against a 10% commission rate on all qualified sales, starting March 1, 2025, with quarterly reconciliation periods."

Document background
Commission Draw Agreements are essential for businesses employing commission-based sales personnel who need consistent income during their ramp-up period or during seasonal fluctuations. This contract type is commonly used in the United States where employers want to provide stable income to sales staff while maintaining commission-based incentives. The agreement typically includes specific terms about draw amounts, commission rates, reconciliation periods, and repayment obligations, ensuring compliance with both federal and state employment laws while providing clarity and protection for all parties involved.
Suggested Sections

1. Parties: Identification of the employer and employee/contractor

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including commission, draw, reconciliation period

4. Commission Structure: Details of commission rates, calculation methods, and earning criteria

5. Draw Terms: Specifications of draw amount, frequency, and reconciliation process

6. Payment Schedule: Timing of draw payments and commission reconciliation

7. Repayment Obligations: Terms for handling negative balances and repayment requirements

Optional Sections

1. Territory/Account Assignment: Definition of sales territory or account responsibilities - used when employee has specific geographic or account restrictions

2. Performance Metrics: Specific sales targets or performance requirements - used when draw availability is tied to performance standards

3. Benefits Eligibility: Impact of draw arrangement on benefits eligibility - used when draw affects benefit status

Suggested Schedules

1. Commission Rate Schedule: Detailed breakdown of commission rates by product/service type

2. Draw Calculation Example: Sample calculations showing draw and commission reconciliation

3. Territory Map: Visual representation of assigned sales territory if applicable

4. Performance Metrics Schedule: Detailed performance requirements and evaluation criteria

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

Clauses
Industries

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage requirements, overtime pay, and recordkeeping standards that must be considered in the draw against commission structure

Federal Insurance Contributions Act (FICA): Federal law requiring social security and Medicare contributions to be properly calculated and withheld from commission and draw payments

Federal Unemployment Tax Act (FUTA): Federal law governing unemployment tax obligations that must be considered in the commission structure

State Wage Payment Laws: State-specific regulations governing minimum wage requirements, payment timing, and wage payment methods that vary by jurisdiction

State Commission Laws: State-specific laws governing timing of commission payments, calculation methods, and requirements for written commission agreements

IRS Tax Regulations: Federal tax guidelines regarding treatment of draws against commission, tax withholding requirements, and employee classification criteria

State Contract Law: State-specific requirements for contract formation, enforceability, and Statute of Frauds compliance in commission agreements

Recordkeeping Requirements: Federal and state mandates for maintaining accurate payroll records and commission calculation documentation

Termination Regulations: State laws governing final commission payments and treatment of negative draw balances upon employment termination

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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