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Sales Commission Agreement Template for Malaysia

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Key Requirements PROMPT example:

Sales Commission Agreement

"I need a Sales Commission Agreement for appointing a sales representative in Kuala Lumpur to sell our software products, with a tiered commission structure starting at 10% for basic sales and increasing to 15% for premium enterprise solutions, to commence from January 2025."

Document background
The Sales Commission Agreement serves as a crucial legal instrument in Malaysian business relationships where sales are conducted through commission-based representatives or agents. This document is essential when companies wish to engage sales professionals on a commission basis, whether as independent contractors or commission-based employees. It provides a clear framework for commission calculations, payment terms, performance expectations, and territorial rights while ensuring compliance with Malaysian contract law, employment regulations, and tax requirements. The agreement is particularly important for protecting both parties' interests, establishing clear performance metrics, and preventing future disputes regarding commission payments or territorial rights. Use this agreement when establishing new sales relationships or formalizing existing commission-based arrangements in Malaysia.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the business relationship

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

4. Appointment and Territory: Formal appointment of the agent and definition of their geographical area of operation

5. Term and Termination: Duration of the agreement and conditions for termination

6. Commission Structure: Base commission rates and calculation methodology

7. Payment Terms: Timing and method of commission payments, including any minimum thresholds

8. Sales Agent's Obligations: Key responsibilities and performance expectations of the sales agent

9. Principal's Obligations: Company's commitments to support the sales agent

10. Reporting Requirements: Sales reporting format, frequency, and verification processes

11. Intellectual Property: Usage rights for company trademarks, logos, and materials

12. Confidentiality: Protection of business information and trade secrets

13. Non-Competition: Restrictions on competing activities during and after the agreement

14. Governing Law: Specification of Malaysian law as governing law

15. Dispute Resolution: Process for handling disagreements and jurisdiction

Optional Sections

1. Training and Support: Details of training provided by the principal - include when significant product knowledge is required

2. Performance Targets: Specific sales targets and consequences - include when using performance-based commission tiers

3. Expense Reimbursement: Terms for reimbursing sales-related expenses - include when principal will cover certain costs

4. Sub-Agents: Rights and conditions for appointing sub-agents - include when allowed

5. Insurance Requirements: Required insurance coverage - include when agent deals with high-value products

6. Data Protection: PDPA compliance requirements - include when handling personal data

7. Post-Termination Obligations: Detailed obligations after agreement ends - include for long-term relationships

8. Force Majeure: Provisions for unforeseen circumstances - include for longer-term agreements

Suggested Schedules

1. Schedule 1: Commission Rates: Detailed breakdown of commission percentages by product type or sales volume

2. Schedule 2: Territory Map: Geographical definition of the sales territory with any excluded areas

3. Schedule 3: Product List: Complete list of products/services covered by the agreement

4. Schedule 4: Sales Targets: Quarterly or annual sales targets if performance-based commission structure

5. Schedule 5: Reporting Templates: Standard forms for sales reporting and commission calculations

6. Appendix A: Code of Conduct: Guidelines for ethical sales practices and professional behavior

7. Appendix B: Marketing Guidelines: Rules for use of company branding and marketing materials

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

Retail

Real Estate

Insurance

Financial Services

Technology

Manufacturing

Pharmaceuticals

Telecommunications

Consumer Goods

Professional Services

Automotive

Industrial Equipment

Software and SaaS

Medical Devices

Construction Materials

Relevant Teams

Sales

Legal

Human Resources

Finance

Operations

Compliance

Business Development

Commercial

Revenue Operations

Contract Administration

Relevant Roles

Sales Director

Business Development Manager

Sales Representative

Commission Agent

Regional Sales Manager

Territory Manager

Account Executive

Sales Operations Manager

Chief Revenue Officer

VP of Sales

Channel Sales Manager

Independent Sales Contractor

Legal Counsel

HR Manager

Finance Director

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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