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Independent Contractor Sales Commission Agreement
"I need an Independent Contractor Sales Commission Agreement for a Hong Kong technology company engaging sales contractors in the APAC region, with a tiered commission structure starting at 5% and increasing based on quarterly performance, including special provisions for software subscription renewals."
1. Parties: Identification of the company and the independent contractor, including full legal names, addresses, and business registration details
2. Background: Context of the agreement, nature of the business relationship, and general purpose of the arrangement
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Commission', 'Territory', 'Customers', etc.
4. Appointment and Scope: Defines the contractor's appointment, territory, and scope of authorized services
5. Independent Contractor Status: Explicitly establishes the independent contractor relationship and disclaims any employment relationship
6. Commission Structure: Overview of commission calculations, payment terms, and conditions for earning commission
7. Obligations of the Contractor: Key responsibilities, performance standards, reporting requirements, and compliance obligations
8. Company's Obligations: Support, resources, and information to be provided by the company
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, renewal terms, and termination provisions
12. Post-Termination: Obligations and rights after termination, including commission tail periods
13. General Provisions: Standard clauses including governing law, notices, amendment process, and entire agreement
1. Non-Compete: Restrictions on competing activities during and after the agreement term - include when protecting market position is crucial
2. Non-Solicitation: Restrictions on soliciting company's customers or other contractors - include for high-value customer relationships
3. Insurance Requirements: Specific insurance coverage requirements - include when contractor activities involve significant risks
4. Data Protection: Detailed data handling requirements - include when contractor will process personal data
5. Compliance with Anti-Corruption Laws: Specific anti-corruption obligations - include for international sales or government-related customers
6. Sub-Contractors: Rights and restrictions regarding use of sub-contractors - include when sub-contracting might be necessary
7. Marketing and Branding: Guidelines for using company's brand - include when contractor will represent company publicly
8. Training Requirements: Mandatory training or certification requirements - include for technical or regulated products
1. Schedule 1 - Commission Rates and Calculations: Detailed commission percentages, tiers, bonuses, and calculation methodologies
2. Schedule 2 - Territory Definition: Specific geographical or customer segment boundaries for the contractor's activities
3. Schedule 3 - Product List: Products or services the contractor is authorized to sell, including pricing guidelines
4. Schedule 4 - Performance Metrics: Specific KPIs, targets, and minimum performance requirements
5. Schedule 5 - Reporting Templates: Standard forms for activity reports, commission calculations, and customer tracking
6. Appendix A - Company Policies: Relevant company policies the contractor must comply with
7. Appendix B - Sales Process Guidelines: Required sales procedures, approvals, and documentation requirements
Authors
Technology and Software
Financial Services
Real Estate
Insurance
Manufacturing
Consumer Goods
Professional Services
Telecommunications
Healthcare
Industrial Equipment
Retail
Export/Import
Logistics
Construction Materials
Sales
Legal
Human Resources
Finance
Compliance
Operations
Commercial
Business Development
Contract Administration
Risk Management
Sales Director
Business Development Manager
Channel Manager
Sales Operations Manager
Legal Counsel
Compliance Officer
HR Director
Finance Manager
Contract Administrator
Chief Commercial Officer
Regional Sales Manager
Independent Sales Representative
Sales Agent
Business Development Director
Chief Revenue Officer
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