Commission Agreement Creation
This playbook outlines the sequential steps required to construct a commission agreement. The goal is to establish a clear understanding between the seller and an agent or employee regarding the commission structure for sales or services rendered.
Step 1: Drafting Basics
Begin by drafting the fundamentals of the commission agreement including the effective date, the parties involved, and the term of the agreement. Define the responsibilities of both the agent and the seller.
Step 2: Define Commission
Clearly specify the commission structure including the percentage or fixed amount, conditions for commission eligibility, calculation methods, and any tiers or scales involved.
Step 3: Payment Terms
Outline the payment frequency (e.g., monthly, quarterly), payment methods, invoicing procedures, and any specific requirements or deductions such as tax withholding.
Step 4: Performance Clauses
Include any performance metrics or targets that must be met for the commission to be paid, and detail the consequences for not meeting these targets.
Step 5: Termination Conditions
Describe the conditions under which the commission agreement can be terminated by either party, and specify any post-termination commission rights or obligations.
Step 6: Dispute Resolution
Provision for resolving disputes or disagreements over commission calculation or payment, possibly stipulating arbitration or mediation procedures.
Step 7: Legal Compliances
Ensure the agreement adheres to relevant local, state, and federal laws governing commission-based payment arrangements.
Step 8: Finalize Document
Review and clarify any ambiguous terms in the agreement, check for completeness, and make sure both parties agree on all points.
Step 9: Signatures
Both parties sign the agreement, preferably in the presence of a witness or notary for additional legal enforceability.
General Notes
Legal Consultation
Consider consulting with a legal professional or attorney when drafting and finalizing the commission agreement to ensure compliance and proper legal terminology.
Record Keeping
Retain a signed copy of the agreement for both parties' records and maintain confidentiality as per the nature of the agreement.