Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Commission Sales Agreement
This Commission Sales Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:
{{company_name}}, a company duly registered under the laws of {{jurisdiction}}, with its principal place of business at {{company_address}} (hereinafter referred to as 'the Company');
AND
{{sales_representative_name}}, an individual residing at {{sales_representative_address}}, or a company duly registered under the laws of {{jurisdiction}}, with its principal place of business at {{sales_representative_address}} (hereinafter referred to as 'the Sales Representative').
WHEREAS, the Company is engaged in the business of {{company_business_description}} and desires to engage the Sales Representative to promote and sell its products/services; and
WHEREAS, the Sales Representative desires to promote and sell the Company’s products/services on a commission basis, subject to the terms and conditions hereinafter set forth.
1. Appointment and Acceptance
1.1 The Company hereby appoints the Sales Representative as its non-exclusive sales representative for the purpose of soliciting orders for the Company's products/services, namely {{product_service_description}}, within the territory of {{sales_territory}} (hereinafter referred to as 'the Territory').
1.2 The Sales Representative hereby accepts such appointment and agrees to use their best efforts to promote and sell the Company's products/services in the Territory.
2. Term of Agreement
2.1 This Agreement shall commence on {{start_date}} and shall continue for an initial period of {{initial_term_duration}} unless terminated earlier in accordance with the provisions of this Agreement.
2.2 This Agreement shall automatically renew for successive periods of {{renewal_term_duration}} unless either party provides written notice of non-renewal to the other party at least {{notice_period_days}} days prior to the end of the then-current term.
3. Commission Structure
3.1 For all products/services sold by the Sales Representative, the Company shall pay a commission based on {{commission_basis}} (e.g., net sales, gross revenue).
3.2 The Sales Representative shall earn a commission of {{commission_percentage}}% on all qualifying sales. A qualifying sale is defined as {{qualifying_sale_definition}}.
3.3 Commissions shall be calculated on the {{commission_calculation_frequency}} and paid on or before the {{payment_day}} day of the following month.
3.4 The Company reserves the right to deduct returns, refunds, or cancelled orders from future commission payments.
3.5 No commission shall be paid on sales to accounts that are subsequently deemed uncollectible by the Company.
4. Responsibilities of the Sales Representative
4.1 The Sales Representative shall, at their own expense, conscientiously and diligently devote such time and attention as is necessary to effectively market and sell the Company's products/services.
4.2 The Sales Representative shall comply with all applicable laws and regulations in the performance of their duties under this Agreement.
4.3 The Sales Representative shall provide the Company with regular reports on their sales activities, customer feedback, and market conditions, as reasonably requested by the Company.
4.4 The Sales Representative shall not make any representations, warranties, or guarantees concerning the Company's products/services other than those authorized by the Company.
5. Independent Contractor Status
5.1 The Sales Representative is an independent contractor and not an employee, partner, or joint venture of the Company. Nothing in this Agreement shall be construed as creating an employer-employee relationship.
5.2 The Sales Representative shall be solely responsible for all taxes, national insurance contributions, and other statutory payments arising from their compensation under this Agreement.
5.3 The Sales Representative shall not have the authority to bind the Company to any contract or obligation.
6. Confidentiality
6.1 The Sales Representative acknowledges that during the course of this Agreement, they may have access to confidential and proprietary information belonging to the Company, including but not limited to business plans, customer lists, pricing strategies, and product specifications ('Confidential Information').
6.2 The Sales Representative agrees to keep all Confidential Information strictly confidential and shall not disclose it to any third party or use it for any purpose other than the performance of their obligations under this Agreement, both during and after the termination of this Agreement.
7. Termination
7.1 Either party may terminate this Agreement by providing {{termination_notice_days}} days' written notice to the other party.
7.2 The Company may terminate this Agreement immediately upon written notice if the Sales Representative breaches any material term of this Agreement, including but not limited to failure to meet sales targets, breach of confidentiality, or engaging in any conduct detrimental to the Company's reputation.
7.3 Upon termination, the Sales Representative shall immediately return to the Company all Company property, including but not limited to marketing materials, product samples, and customer data.
7.4 Upon termination, the Company shall pay the Sales Representative all commissions earned up to the effective date of termination, subject to the terms of Section 3.
8. Governing Law and Dispute Resolution
8.1 This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.
8.2 Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of {{arbitration_body}}.
9. Entire Agreement
9.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
9.2 No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.
Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
For the Company:
_____________________________
Name: {{company_signatory_name}}
Title: {{company_signatory_title}}
Date: {{company_signature_date}}
For the Sales Representative:
_____________________________
Name: {{sales_representative_signatory_name}}
Title: {{sales_representative_signatory_title}}
Date: {{sales_representative_signature_date}}
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