This Commission Agreement ("Agreement") is made and entered into as of [Insert Date], by and between [Company Name], a company incorporated under the laws of [Country/State] with its principal place of business at [Address] ("Principal"), and [Agent Name], residing at [Address] ("Agent").
WHEREAS, Principal desires to engage Agent to act as an independent sales agent for the promotion and sale of its products/services; and
WHEREAS, Agent is willing to act as such an agent on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Appointment
The Principal appoints the Agent as its exclusive sales agent for the purpose of promoting and selling the Principal’s products/services within the territory of [Territory]. The Agent accepts this appointment subject to the terms and conditions of this Agreement.
2. Duration
This Agreement shall commence on [Start Date] and continue until [End Date], unless earlier terminated as provided herein.
3. Compensation
For all sales made by the Agent during the term of this Agreement, the Principal agrees to pay the Agent a commission rate of [Commission Rate]% of the total sales amount. Payments will be made within [Number of Days] days following the end of each calendar month.
4. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information disclosed during the term of this Agreement. Such confidential information includes but is not limited to customer lists, pricing policies, and marketing strategies.
5. Termination
Either party may terminate this Agreement upon providing [Notice Period] days’ written notice to the other party. Additionally, either party may terminate this Agreement immediately if the other party breaches any material provision of this Agreement and fails to cure such breach within [Cure Period] days after receiving written notice thereof.
6. Independent Contractor
The Agent is an independent contractor and not an employee of the Principal. The Agent shall have no authority to bind the Principal by any agreement or representation.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or related to this Agreement shall be resolved through arbitration in accordance with the rules of [Arbitration Institution].
8. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Commission Agreement as of the date first above written.
[Principal Name]
By: ___________________________
Name:
Title:
[Agent Name]
By: ___________________________
Name:
Please note that this template is intended for illustrative purposes only and should be reviewed by legal counsel before use. Each clause must be tailored to fit the specific circumstances of the engagement.
