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Incentive Bonus Agreement
"I need an Incentive Bonus Agreement for our sales team members that includes quarterly sales targets and customer retention metrics, with a maximum bonus of 30% of base salary and clawback provisions if targets are found to be met through non-compliant sales practices."
1. Parties: Identifies the employer and employee entering into the bonus agreement
2. Background: Sets out the context of the agreement and its purpose
3. Definitions: Defines key terms used throughout the agreement, including 'Bonus Period', 'Performance Targets', 'Calculation Date', etc.
4. Bonus Entitlement: Establishes the basic right to receive the bonus and any qualifying conditions
5. Performance Criteria: Details the specific targets or metrics that must be achieved to earn the bonus
6. Calculation of Bonus: Explains how the bonus amount will be calculated
7. Payment Terms: Specifies when and how the bonus will be paid
8. Conditions of Payment: Sets out conditions that must be met for bonus payment, including continued employment
9. Tax Treatment: Addresses tax implications and responsibilities
10. Confidentiality: Requires the employee to keep the terms of the bonus arrangement confidential
11. Amendment and Termination: Covers how the agreement can be modified and circumstances for termination
12. Governing Law: Specifies that Irish law governs the agreement
1. Clawback Provisions: Include when the company wants the right to reclaim bonus payments in specific circumstances
2. Pro-rata Entitlement: Include when bonus might be paid pro-rata for partial years or changed working hours
3. Group Company Provisions: Include when the bonus scheme involves performance of multiple group companies
4. Non-Competition: Include when the bonus includes deferred payments subject to non-compete conditions
5. Discretionary Elements: Include when part of the bonus determination involves management discretion
6. Change of Control: Include when specifying how bonus arrangements are affected by company ownership changes
7. Dispute Resolution: Include when specific dispute resolution procedures for bonus-related disputes are needed
1. Schedule 1 - Performance Metrics: Detailed description of performance indicators and measurement methodologies
2. Schedule 2 - Bonus Calculation Formula: Detailed mathematical formulae and examples of bonus calculations
3. Schedule 3 - Payment Dates: Calendar of assessment and payment dates
4. Appendix A - Target Setting Process: Process for setting and reviewing performance targets
5. Appendix B - Form of Award Letter: Template for annual bonus award communications
Authors
Financial Services
Technology
Sales and Retail
Professional Services
Manufacturing
Pharmaceuticals
Real Estate
Telecommunications
Insurance
Banking
Consulting
Energy
Construction
Healthcare
Human Resources
Legal
Finance
Sales
Business Development
Operations
Information Technology
Marketing
Product Development
Research and Development
Customer Service
Account Management
Investment
Trading
Risk Management
Sales Manager
Account Executive
Business Development Manager
Financial Analyst
Investment Banker
Software Developer
Project Manager
Regional Director
Chief Executive Officer
Chief Financial Officer
Department Head
Senior Consultant
Marketing Manager
Operations Manager
Branch Manager
Relationship Manager
Trading Executive
Portfolio Manager
Senior Engineer
Product Manager
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