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Incentive Agreement
"I need an Incentive Agreement for our South African sales team of 25 people, with quarterly performance targets based on sales volume and customer satisfaction scores, to be implemented from March 2025."
1. Parties: Identifies and provides details of the contracting parties (typically the company and the participant)
2. Background: Sets out the context and purpose of the incentive agreement
3. Definitions: Defines key terms used throughout the agreement
4. Duration and Term: Specifies the commencement date and duration of the incentive arrangement
5. Incentive Structure: Details the fundamental mechanics of how the incentive will work
6. Performance Metrics: Defines the specific targets, KPIs, or conditions that must be met to earn the incentive
7. Payment Terms: Specifies how and when incentive payments will be calculated and made
8. Tax Provisions: Addresses tax implications and responsibilities
9. Confidentiality: Protects sensitive information related to the incentive arrangement
10. Termination: Sets out circumstances under which the agreement can be terminated and consequences
11. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments
1. Malus and Clawback: Provisions allowing the company to reduce or reclaim incentives in specific circumstances, particularly relevant for senior executives or financial sector
2. Share-Based Components: Required when the incentive includes share options or share-based payments
3. Non-Competition: Restrictions on competitive activities, typically included for senior employees or sales roles
4. Group Company Provisions: Required when the incentive scheme operates across multiple group companies
5. International Provisions: Necessary when the participant may work across multiple jurisdictions
6. Change of Control: Addresses what happens to incentives in case of company ownership changes
7. Good Leaver/Bad Leaver: Defines treatment of incentives based on circumstances of employment termination
1. Schedule 1: Performance Criteria: Detailed breakdown of performance metrics, targets, and calculation methodologies
2. Schedule 2: Payment Calculation Formula: Specific formulas and examples for calculating incentive payments
3. Schedule 3: Participant Information: Personal details and specific terms applicable to the individual participant
4. Schedule 4: Tax Treatment: Detailed tax considerations and calculations specific to the incentive structure
5. Appendix A: Defined Terms: Comprehensive list of defined terms and their meanings
6. Appendix B: Administrative Procedures: Detailed procedures for managing and administering the incentive scheme
Authors
Financial Services
Technology
Manufacturing
Retail
Mining
Professional Services
Telecommunications
Healthcare
Real Estate
Insurance
Banking
Sales and Distribution
Consulting
Human Resources
Legal
Finance
Sales
Executive Management
Business Development
Operations
Compensation and Benefits
Compliance
Risk Management
Chief Executive Officer
Chief Financial Officer
Sales Manager
Account Executive
Business Development Manager
Regional Manager
Department Head
Senior Executive
Managing Director
Sales Representative
Performance Manager
Human Resources Director
Compensation Specialist
Executive Director
General Manager
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