Commission Agreement - free template for contractors
This Commission Agreement outlines the terms under which a Company authorizes an Agent to sell its products or services. It details the sales process, commission earnings, confidentiality, and termination clauses. The agreement establishes an independent contractor relationship between the parties.
COMMISSION AGREEMENT
This Commission Agreement (hereinafter referred to as the "Agreement") is made and effective [effective date] [(the "effective date")],
BY AND BETWEEN: | [company name], with an address of [company address], hereinafter referred to as the “Company”. |
AND: | [agent name], with an address of [agent address], hereinafter referred to as the “Agent”, collectively referred to as the “Parties”. |
AGREEMENT
The Parties hereby agree that the Company authorizes the Agent to sell on behalf of the Company. The Agent, in turn, agrees to indemnify himself/herself as the authorized agent of the Company for such sale.
THE SALE
The Parties agree that the prices of the product(s)/service(s) will be set by the Company, that the Company will provide any necessary promotional materials for the Agent to use in the sales process, and the Company will provide a Sales Agreement for the Agent to use in the sale of the product.
TERM
This Agreement shall be effective on the Effective Date and will end on . The term of this Agreement may be extended upon mutual written consent from both Parties.
GEOGRAPHY
The Parties agree that the Agent will sell the product(s) in the following geographical area/territory and will not sell the product(s) anywhere else.
COMMISSION EARNINGS
The Parties hereby agree that the Agent will be paid a commission by the Company by the following means
.
RELATIONSHIP OF THE PARTIES
The Parties agree that this Agreement does not establish an exclusive relationship. The Parties are deemed to be independent contractors.
CONFIDENTIALITY
All terms and conditions of this Agreement and any materials provided during the term of the Agreement must be kept confidential, unless legally required to disclose. This section will remain in effect even after the termination of this Agreement for a period of .
TERMINATION
This Agreement may be terminated in the event of a breach of this Agreement, or at any time by providing written notice to the other party days prior to termination. Upon termination, the Agent will return all Company products and/or any other content at his/her earliest convenience, but not beyond days .
REPRESENTATION AND WARRANTIES
Both Parties represent that they are fully authorized to enter this Agreement, and the performance of their responsibilities will not violate any laws or rights of others, or any other agreements.
SEVERABILITY
If any provision of this Agreement is found unenforceable, the remaining provisions will remain in effect in accordance with the Parties' intention.
GOVERNING LAW
This Agreement is governed by, and interpreted in accordance with, the laws of [legal jurisdiction] without regard to its principles of conflicts of law.
ALTERNATIVE DISPUTE RESOLUTION
Any disputes arising out of this Agreement will be resolved through arbitration/mediation/negotiation [choose one] in accordance with the laws of [legal jurisdiction].
AMENDMENTS
Any amendments to this Agreement must be in writing and signed by both Parties to be enforceable.
ASSIGNMENT
Neither Party may assign their responsibilities under this Agreement to a third party unless agreed upon in writing by both Parties.
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