This commission agreement may be adapted for use in several different situations.
For example, it may be used to create a referral agreement (also known as an introduction agreement). Referral agreements provide for the payment of commission following the introduction of a new customer. In these circumstances, the commission payable to the introducer is often a percentage of the amount paid by the new customer.
Another common situation for using a commission contract is where a service provider wants to be remunerated by way of commission so as to share in the profits of an enterprise or project, without taking on the rights and responsibilities of an equity share.
This commission agreement form can be adapted for use in these and many other different circumstances.
The key provisions of the agreement are as follows:
- Definition of "base amount": this is used in the calculation of the amounts payable under the agreement.
- Definition of "trigger event": this definition specifies the event that gives rise to payments.
- Commission: this clause sets out exactly what must be paid, when and how.
A full listing of the section titles in the commission agreement is as follows: (1) Definitions and interpretation, (2) Term, (3) Commission, (4) Warranties, (5) Limitations and exclusions of liability and indemnities, (6) Termination, (7) Consequences of termination, and (8) General.
The commission agreement is 7 pages long and is supplied by email link, in MS Word (.doc) form, immediately following receipt of payment.
The first few sections of this document can be seen free-of-charge here:
precedent commission agreement