Commission Agreement Template for England and Wales

A Commission Agreement sets out how and when someone will be paid for making sales or bringing in business. Sales teams, estate agents, and business brokers commonly use these contracts to spell out their commission rates, payment terms, and performance targets.

Under English law, these agreements need clear terms about what triggers a commission payment, when it becomes due, and how it's calculated. They often include important details like clawback provisions if a sale falls through, minimum performance requirements, and rules around post-termination commissions. Getting these points in writing helps prevent disputes and ensures both parties understand their obligations.

Use a Commission Agreement when hiring sales representatives, business developers, or anyone who'll earn money based on their sales performance. These agreements become essential for roles where compensation depends on successfully closing deals or bringing in new business—like estate agents, recruitment consultants, or commercial brokers.

The timing is crucial: put the Commission Agreement in place before the person starts generating sales. This protects both parties by clearly defining commission rates, payment triggers, and qualifying conditions upfront. For regulated industries in England & Wales, like financial services or real estate, these agreements help demonstrate compliance with compensation disclosure requirements and fair treatment standards.

• Commission Contract Agreement: Standard agreement for basic sales roles, covering core commission structures and payment terms
• Commission Pay Agreement: Focuses on detailed payment mechanics, including timing and calculation methods
• Commission Share Agreement: Used when multiple parties split commission earnings from joint sales efforts
• Commission Agreement For Independent Contractor: Specifically designed for self-employed sales agents
• Commission Draw Agreement: Includes guaranteed minimum payments against future commission earnings

• Sales Representatives: The primary beneficiaries who earn commission, from estate agents to financial advisors to recruitment consultants
• Employing Companies: Businesses that pay commission, responsible for setting terms and ensuring fair compensation structures
• HR Managers: Handle implementation and oversee compliance with employment regulations and internal policies
• Legal Teams: Draft and review agreements to ensure enforceability and protect company interests
• Finance Departments: Calculate, process, and track commission payments according to agreement terms
• Independent Contractors: Self-employed professionals who negotiate their own commission terms with client companies

• Commission Structure: Define exact commission rates, payment thresholds, and calculation methods
• Performance Metrics: List specific targets, qualifying sales criteria, and measurement periods
• Payment Terms: Decide on payment frequency, timing, and any minimum guaranteed amounts
• Party Details: Gather full legal names, addresses, and roles of all involved parties
• Clawback Terms: Specify conditions for commission recovery or adjustments
• Duration Terms: Set agreement length and renewal conditions
• Legal Requirements: Check industry-specific regulations and employment law compliance needs
• Documentation: Prepare sales tracking systems and commission calculation spreadsheets

• Party Information: Full legal names, addresses, and roles of all signatories
• Commission Terms: Clear rates, calculation methods, and qualifying criteria for payments
• Payment Schedule: Specific timing, frequency, and method of commission payments
• Performance Criteria: Defined targets, quotas, and measurement periods
• Termination Provisions: Conditions for ending the agreement and post-termination obligations
• Dispute Resolution: Process for handling disagreements and applicable jurisdiction
• Confidentiality: Protection of sensitive business information and trade secrets
• Governing Law: Explicit statement that English law applies
• Signature Block: Space for dated signatures of all parties

A Commission Agreement differs significantly from an Agency Agreement, though they're often confused. While both involve representatives acting for a business, their scope and focus are quite different.

• Payment Structure: Commission Agreements focus specifically on sales-based compensation, while Agency Agreements cover broader aspects of representation, including fixed fees or mixed payment models
• Authority Scope: Agency Agreements grant legal authority to act on behalf of the principal in various matters, whereas Commission Agreements typically only authorize sales activities
• Legal Obligations: Agency Agreements create fiduciary duties and broader legal responsibilities, while Commission Agreements primarily govern performance targets and payment terms
• Duration and Commitment: Agency Agreements often establish longer-term relationships with broader obligations, while Commission Agreements can be more flexible and sales-target focused
• Regulatory Requirements: Agency Agreements face stricter regulatory oversight under English law, particularly regarding authority and representation rights