COMMISSION AGREEMENT
This Commission Agreement (the “Agreement”) is entered into
____________________ (the “Effective Date”), by and between ________________________,
with an address of _____________________________ (the “Principal”) and
_________________, with an address of _______________________________, (the “Agent”),
collectively “the Parties.”
BACKGROUND:
Principal wishes to sell the following product(s):
_______________________________________________________________________
Agent agrees to sell the aforementioned product(s) on behalf of Principal for a
commission.
THEREFORE, the Parties agree as follows:
1. Sales Authorization. Principal authorizes Agent to sell the following product(s) on
behalf of Principal
_____________________________________________________________ (the
“Product”). Agent shall identify himself as a duly authorized agent of Principal for the
sale of the Product.
2. Guidelines for Sales. Agent must adhere to the following guidelines when selling the
Product:
a. Product prices will be set by Principal.
b. Principal will provide all promotional materials for Agent’s use to obtain sales.
c. Principal will provide a Sales Contract template to be used by Agent in all
Product sales.
3. Term. This Agreement shall commence upon the Effective Date, as stated above, and
will continue until
____________________________________________________________.
4. Sales Territory. Agent shall sell the Product in the following geographical location
_______________________________________________________________________
(the “Sales Territory”). Agent is not authorized to sell the Product outside the Sales
Territory.
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5. Commission Earnings and Payment Structure. The Parties agree Agent will be
compensated as follows (the “Commission”):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
6. Principal-Agent Relationship. Principal engages Agent solely for the purpose of selling
the product(s) listed in Section 1. Agent may only enter into contracts and/or agreements
on behalf of Principal as it relates to the sale of said product(s). Agent may not otherwise
commit Principal to any other obligations whatsoever without separate authorization from
Principal.
7. Non-Compete. Agent will not sell a competing product for any competitor in the Sales
Territory during the Term of this Agreement or for ___ years after the termination of this
Agreement.
8. Confidentiality. During the course of this Agreement, it may be necessary for Principal
to share proprietary information, including trade secrets, industry knowledge, and other
confidential information, to Agent in order for Agent to successfully sell the Product.
Agent will not share any of this proprietary information at any time. Agent also will not
use any of this proprietary information for his/her personal benefit at any time. This
section remains in full force and effect even after termination of the Agreement by it’s
natural termination or the early termination by either party.
9. Termination. This Agreement may be terminated at any time by either Party upon
written notice to the other party. Principal will be responsible for payment of all
Commissions earned up to the date of termination.
Upon termination, Contractor shall return all Client content, materials, and all Work
Product to Client at its earliest convenience, but in no event beyond thirty (30) days after
the date of termination.
10. Representations and Warranties. Both Parties represent that they are fully authorized
to enter into this Agreement. The performance and obligations of either Party will not
violate or infringe upon the rights of any third-party or violate any other agreement
between the Parties, individually, and any other person, organization, or business or any
law or governmental regulation.
11. Severability. In the event any provision of this Agreement is deemed invalid or
unenforceable, in whole or in part, that part shall be severed from the remainder of the
Agreement and all other provisions should continue in full force and effect as valid and
enforceable.
12. Waiver. The failure by either party to exercise any right, power or privilege under the
terms of this Agreement will not be construed as a waiver of any subsequent or further
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exercise of that right, power or privilege or the exercise of any other right, power or
privilege.
13. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be
entitled to its legal fees, including, but not limited to its attorneys’ fees.
14. Legal and Binding Agreement. This Agreement is legal and binding between the Parties
as stated above. This Agreement may be entered into and is legal and binding both in the
United States and throughout Europe. The Parties each represent that they have the
authority to enter into this Agreement.
15. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be
governed by the State and/or Country in which both Parties do business. In the event that
the Parties do business in different States and/or Countries, this Agreement shall be
governed by _________ law.
16. Entire Agreement. The Parties acknowledge and agree that this Agreement represents
the entire agreement between the Parties. In the event that the Parties desire to change,
add, or otherwise modify any terms, they shall do so in writing to be signed by both
parties.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures
as follows:
“PRINCIPAL”
Signed: _____________________________________
By: ________________________________________
Date: _______________________________________
“AGENT”
Signed: _____________________________________
By: ________________________________________
Date: ______________________________________
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