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Software Sales Commission Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Software Sales Commission Agreement

"I need a Software Sales Commission Agreement for my Hong Kong-based SaaS company to engage a local sales representative, with a simple 10% commission structure on all sales and quarterly performance targets, starting March 2025."

Document background
The Software Sales Commission Agreement is essential for software companies operating in Hong Kong who engage sales representatives or agents to promote and sell their software products. This document becomes necessary when establishing formal commission-based sales relationships, whether with individual representatives or sales agencies. It addresses crucial aspects such as commission calculations, sales territory definitions, performance expectations, and payment terms, while ensuring compliance with Hong Kong's legal framework, including employment, contract, and data privacy laws. The agreement is particularly important in the software industry where product complexity, licensing terms, and recurring revenue models require clear commission structures. It provides legal protection for both parties while establishing transparent performance metrics and compensation frameworks.
Suggested Sections

1. Parties: Identification of the principal company and the sales representative/agent

2. Background: Context of the agreement and general business relationship

3. Definitions: Key terms used throughout the agreement including 'Software Products', 'Territory', 'Net Sales', 'Commission', etc.

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope

5. Commission Structure: Commission rates, calculation methods, and qualifying sales

6. Payment Terms: Timing of payments, payment methods, currency, and handling of disputed amounts

7. Sales Targets: Minimum performance requirements and consequences of not meeting targets

8. Obligations of Principal: Support, training, and resources to be provided by the company

9. Obligations of Sales Representative: Sales efforts, reporting, compliance with laws, and professional conduct requirements

10. Term and Termination: Duration of agreement and grounds for termination

11. Confidentiality: Protection of confidential information and trade secrets

12. Intellectual Property: Protection of software IP and licensing terms

13. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Non-Compete: Restrictions on competing activities, used when protecting market share is crucial

2. Post-Termination Obligations: Specific obligations after agreement ends, used for complex relationships

3. Insurance: Insurance requirements, used when risk management is a priority

4. Data Protection: Specific data handling requirements, used when extensive customer data is involved

5. Force Majeure: Provisions for unforeseen circumstances, used in long-term agreements

6. Audit Rights: Right to audit sales records, used for high-value or complex commission structures

7. Training Requirements: Mandatory training provisions, used for technical software products

8. Marketing Obligations: Specific marketing requirements, used when joint promotion is needed

Suggested Schedules

1. Schedule 1 - Software Products: Detailed list of software products covered by the agreement

2. Schedule 2 - Commission Rates: Detailed commission structure, including any tiered rates or special promotions

3. Schedule 3 - Territory: Detailed description of geographical territory or market segment

4. Schedule 4 - Sales Targets: Specific sales targets and measurement periods

5. Schedule 5 - Reporting Requirements: Templates and procedures for sales reporting

6. Appendix A - Sales Process: Step-by-step sales process and procedures

7. Appendix B - Support Services: Details of support services provided by principal

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Information Technology

Software Development

Enterprise Software

Cloud Services

SaaS (Software as a Service)

Technology Distribution

Business Services

Digital Solutions

E-commerce

Financial Technology

Relevant Teams

Sales

Legal

Finance

Revenue Operations

Business Development

Channel Management

Contract Administration

Sales Operations

Partner Relations

Commercial Operations

Relevant Roles

Sales Director

Business Development Manager

Sales Representative

Channel Manager

Sales Operations Manager

Account Executive

Regional Sales Manager

Commission Analyst

Sales Compensation Manager

Legal Counsel

Contract Manager

Software Sales Specialist

Partner Manager

Chief Revenue Officer

VP of Sales

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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