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Employer Employee Sales Commission Agreement
"I need an Employer Employee Sales Commission Agreement for a software sales representative in South Africa, with a 60/40 base-to-commission split and quarterly performance reviews, including clawback provisions for customer cancellations within 3 months of sale."
1. Parties: Identification of the employer and employee with full legal names and details
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Commission', 'Sales', 'Targets', etc.
4. Appointment and Duration: Terms of employment, position, and duration (fixed-term or permanent)
5. Duties and Responsibilities: Detailed description of the employee's sales role and responsibilities
6. Commission Structure: Basic framework of how commission is calculated and earned
7. Payment Terms: Timing and method of commission payments, including base salary if applicable
8. Targets and Performance Metrics: Sales targets and performance standards required for commission
9. Record Keeping and Reporting: Requirements for sales documentation and reporting
10. Confidentiality: Protection of company information and trade secrets
11. Intellectual Property: Ownership of customer relationships and sales materials
12. Termination: Conditions for ending the agreement and impact on commission
13. General Provisions: Standard clauses including governing law, notices, and amendments
1. Non-Competition: Restrictions on working for competitors, used when employee has access to sensitive information
2. Benefits and Expenses: Additional benefits and expense reimbursement policies, if offered
3. Training and Support: Details of training provided and ongoing support, if significant
4. Team Leadership: Additional responsibilities and commission for team leadership roles
5. International Sales: Special provisions for international sales territories
6. Digital Sales Channels: Specific provisions for online or digital sales channels
7. Dispute Resolution: Specific procedures for resolving commission disputes
8. Force Majeure: Provisions for extraordinary circumstances affecting sales performance
1. Commission Calculation Schedule: Detailed breakdown of commission percentages, tiers, and calculation methods
2. Sales Territories: Definition of assigned sales territories or customer segments
3. Product List: List of products/services and associated commission rates
4. Performance Metrics: Detailed KPIs and measurement criteria
5. Reporting Templates: Standard forms for sales reporting and commission calculations
6. Company Policies: Relevant company policies affecting sales and commission
7. Bonus Structure: Additional incentive schemes or bonus structures
8. Clawback Terms: Detailed terms for commission recovery in specific circumstances
Authors
Retail
Real Estate
Financial Services
Insurance
Technology
Telecommunications
Automotive
Manufacturing
Professional Services
Pharmaceutical
Consumer Goods
Medical Devices
Industrial Equipment
Software and SaaS
Sales
Business Development
Commercial
Account Management
Customer Success
Revenue Operations
Sales Operations
Sales Support
Human Resources
Legal
Finance
Sales Representative
Business Development Manager
Account Executive
Sales Executive
Territory Manager
Regional Sales Manager
Inside Sales Representative
Outside Sales Representative
Sales Consultant
Commercial Manager
Sales Director
Key Account Manager
Channel Sales Manager
Product Specialist
Solutions Consultant
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