Commission Agreement Template for United States

A Commission Agreement sets out how a person or company will be paid for selling products or services, usually as a percentage of each sale. In the Philippines, these contracts are common in real estate, insurance, and retail sectors, where agents earn their income primarily through commissions rather than fixed salaries.

The agreement spells out essential details like commission rates, payment schedules, and performance targets. Under Philippine labor laws, it must clearly state the terms of engagement, protecting both the principal company and the commission-based worker. Most agreements include provisions for tax withholding and compliance with Bureau of Internal Revenue requirements.

Use a Commission Agreement when hiring sales representatives, real estate agents, or insurance brokers who will earn their income through sales percentages rather than fixed salaries. This document becomes essential before any commission-based work begins, especially in Philippine industries where performance-based compensation is standard.

The timing matters most when expanding your sales force, launching new products, or restructuring compensation plans. Having this agreement in place protects both parties by clearly defining commission rates, payment terms, and performance expectations. It's particularly important when dealing with regulated sectors like real estate or insurance, where the Bureau of Internal Revenue requires proper documentation of commission payments.

• Commission Contract Agreement: Basic template for standard commission arrangements, suitable for most business relationships
• Sales Commission Contract: Specifically designed for sales teams with detailed performance metrics and targets
• Independent Contractor Sales Commission Agreement: For non-employee sales representatives, including tax and liability provisions
• Commission Based Employment Agreement: Combines regular employment terms with commission structures
• Commission Based Consulting Agreement: Tailored for consultants who receive performance-based compensation

• Sales Organizations: Companies that hire commission-based workers, responsible for drafting and enforcing Commission Agreements
• Sales Representatives: Individual agents who earn through commission, including real estate brokers and insurance agents
• Legal Counsel: Attorneys who review and customize agreements to ensure compliance with Philippine labor laws
• HR Managers: Responsible for implementing and managing commission structures within employment frameworks
• Finance Teams: Handle commission calculations, payments, and tax compliance reporting to BIR
• Independent Contractors: Self-employed professionals who negotiate commission terms for their services

• Basic Details: Gather complete information about all parties, including tax identification numbers and business permits
• Commission Structure: Define exact commission rates, calculation methods, and payment schedules
• Performance Metrics: Outline specific sales targets, quotas, or other measurable goals
• Payment Terms: Specify payment timing, methods, and any conditions for commission release
• Legal Requirements: Check BIR regulations for proper documentation of commission payments
• Termination Rules: Determine conditions for ending the agreement and handling pending commissions
• Template Selection: Use our platform's Philippine-compliant templates to ensure all essential elements are included

• Party Information: Complete legal names, addresses, and tax identification numbers of all parties
• Commission Structure: Detailed breakdown of rates, calculation methods, and payment conditions
• Payment Terms: Clear schedule for payments, including tax withholding requirements per BIR rules
• Performance Metrics: Specific targets and evaluation criteria for earning commissions
• Duration Clause: Agreement period, renewal terms, and termination conditions
• Confidentiality: Protection of trade secrets and sensitive business information
• Dispute Resolution: Process for handling disagreements under Philippine law
• Signatures: Proper execution by authorized representatives with witnesses

A Commission Agreement differs significantly from an Agency Agreement, though both involve representation relationships. Let's explore their key distinctions to help you choose the right document for your needs.

• Compensation Structure: Commission Agreements focus specifically on performance-based pay through sales percentages, while Agency Agreements may include fixed fees, retainers, or various payment structures
• Scope of Authority: Agency Agreements typically grant broader powers to represent and act on behalf of the principal, while Commission Agreements usually limit authority to sales activities
• Legal Obligations: Agency Agreements create fiduciary duties and wider legal responsibilities under Philippine Civil Code, whereas Commission Agreements primarily govern sales performance and payment terms
• Tax Treatment: Commission payments have specific BIR reporting requirements, while agency relationships may involve different tax considerations depending on the arrangement type