Consulting Commission Agreement for India

Consulting Commission Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes a commission-based consulting relationship between a company and a consultant. This document outlines the terms of engagement, scope of consulting services, commission structure, payment terms, and obligations of both parties. It incorporates key provisions required under Indian contract law, including compliance with tax regulations, professional service requirements, and relevant industry-specific regulations. The agreement provides mechanisms for performance evaluation, dispute resolution, and protection of confidential information while ensuring clarity in the commercial relationship.

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What is a Consulting Commission Agreement?

The Consulting Commission Agreement is essential for businesses in India seeking to formalize relationships with consultants on a commission basis. This document is particularly relevant when companies want to engage external expertise while linking compensation to specific outcomes or performance metrics. The agreement addresses key aspects required under Indian law, including contract formation, service terms, and tax implications. It serves multiple purposes: defining the scope of consulting services, establishing commission structures, protecting confidential information, and ensuring compliance with relevant regulations. The document is commonly used in various industries where specialized expertise or sales channels are needed, and it can be customized to accommodate specific business requirements while maintaining compliance with Indian legal framework.

What sections should be included in a Consulting Commission Agreement?

1. Parties: Identification and details of the principal company and the consultant

2. Background: Context of the agreement and brief description of parties' business activities

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of consultant's appointment and detailed scope of services

5. Commission Structure: Details of commission calculation, payment terms, and conditions

6. Obligations of the Consultant: Consultant's duties, responsibilities, and performance standards

7. Obligations of the Company: Company's duties, including provision of information and support

8. Term and Termination: Duration of agreement and termination provisions

9. Confidentiality: Protection of confidential information and trade secrets

10. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

11. Representations and Warranties: Parties' representations regarding capacity and authority

12. Indemnification: Mutual indemnification obligations and liability limitations

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Consulting Commission Agreement?

1. Intellectual Property Rights: Required when consultant may create or use IP during service provision

2. Regulatory Compliance: Needed for regulated industries or specific professional services

3. Insurance: Required when consultant needs to maintain specific insurance coverage

4. Data Protection: Necessary when personal or sensitive data processing is involved

5. Force Majeure: Optional clause for unforeseeable circumstances preventing performance

6. Anti-Corruption Compliance: Required for international dealings or high-value contracts

7. Training and Support: Required when consultant needs specific training or company support

8. Performance Metrics: Optional section defining KPIs and performance evaluation criteria

What schedules should be included in a Consulting Commission Agreement?

1. Schedule A - Services Description: Detailed description of consulting services to be provided

2. Schedule B - Commission Structure: Detailed breakdown of commission rates, calculations, and examples

3. Schedule C - Territory/Client List: Definition of geographical territory or specific client assignments

4. Schedule D - Reporting Requirements: Templates and timing for activity and performance reporting

5. Schedule E - Compliance Requirements: Specific regulatory or professional compliance requirements

6. Appendix 1 - Standard Operating Procedures: Detailed procedures for service delivery and communication

7. Appendix 2 - Contact Information: Key contact persons and escalation matrix

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Real Estate

Manufacturing

Telecommunications

Professional Services

Education

Retail

Energy

Infrastructure

Pharmaceuticals

Relevant Teams

Legal

Finance

Human Resources

Business Development

Sales

Operations

Procurement

Compliance

Commercial

Project Management

Account Management

Relevant Roles

Chief Executive Officer

Business Development Manager

Sales Director

Legal Counsel

Procurement Manager

Human Resources Director

Finance Manager

Operations Manager

Compliance Officer

Contract Administrator

Commercial Director

Project Manager

Account Manager

Regional Sales Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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