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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."
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
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
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
Retail
Real Estate
Insurance
Financial Services
Technology
Manufacturing
Pharmaceuticals
Telecommunications
Consumer Goods
Professional Services
Automotive
Industrial Equipment
Software and SaaS
Medical Devices
Construction Materials
Sales
Legal
Human Resources
Finance
Operations
Compliance
Business Development
Commercial
Revenue Operations
Contract Administration
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
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