Commission Only Contract Template for Philippines

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Key Requirements PROMPT example:

Commission Only Contract

"I need a Commission Only Contract for a real estate agency in Manila, hiring sales agents who will receive 5% commission on successful property sales, with quarterly performance reviews starting March 2025 and including strict non-compete clauses for the local market."

Document background
The Commission Only Contract is designed for businesses operating in the Philippines who wish to engage sales professionals or agents on a pure commission basis, without a base salary component. This document type is particularly relevant for industries such as real estate, insurance, and direct sales where performance-based compensation is standard practice. The contract must comply with Philippine labor laws and regulations, including specific provisions from the Labor Code of the Philippines and relevant DOLE (Department of Labor and Employment) guidelines. It includes essential elements such as commission structures, performance metrics, territory assignments, and regulatory compliance requirements, while clearly establishing the independent contractor status of the commission agent. This agreement type is commonly used when businesses want to maintain a flexible sales force motivated entirely by performance-based earnings.
Suggested Sections

1. Parties: Identification of the Company and the Commission Agent/Sales Representative

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Sales', 'Territory', 'Products/Services'

4. Appointment and Scope: Formal appointment of the agent/representative and definition of their role and territory

5. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

6. Payment Terms: Timing of commission payments, payment methods, and any conditions for payment

7. Duties and Responsibilities: Specific obligations of the agent/representative including sales targets and reporting requirements

8. Term and Termination: Duration of the agreement and conditions for termination by either party

9. Confidentiality: Protection of company information and trade secrets

10. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after the agreement

11. Independent Contractor Status: Clear statement of independent contractor relationship and tax implications

12. Governing Law: Specification of Philippine law as governing law and jurisdiction

Optional Sections

1. Training and Support: Details of any training or support provided by the company, used when the role requires specific product knowledge or skills

2. Performance Reviews: Process for evaluating performance and adjusting targets, included when regular reviews are part of the relationship

3. Expense Reimbursement: Terms for reimbursing approved business expenses, if applicable

4. Insurance Requirements: Specific insurance coverage requirements for the agent, if needed for the industry

5. Intellectual Property Rights: Protection of company IP and branding, important for roles involving brand representation

6. Dispute Resolution: Alternative dispute resolution procedures, recommended for higher-value contracts

7. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant post-COVID

8. Data Protection: Compliance with data protection laws, necessary when handling customer data

Suggested Schedules

1. Schedule A - Commission Rates: Detailed breakdown of commission rates for different products/services

2. Schedule B - Sales Targets: Specific sales targets and any associated bonus structures

3. Schedule C - Territory Definition: Detailed description of the assigned sales territory or market segment

4. Schedule D - Approved Expenses: List of reimbursable expenses and approval procedures

5. Schedule E - Reporting Templates: Standard forms for sales reporting and commission calculations

6. Appendix 1 - Code of Conduct: Company policies and ethical standards to be followed

7. Appendix 2 - Product List: Current list of products/services covered by the agreement

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Insurance

Financial Services

Retail

Direct Sales

Telecommunications

Automotive

Property Development

Manufacturing

Technology Sales

Professional Services

Consumer Goods

Media and Advertising

Relevant Teams

Sales

Business Development

Channel Management

Revenue

Legal

Human Resources

Finance

Compliance

Operations

Commercial

Relevant Roles

Sales Representative

Real Estate Agent

Insurance Agent

Business Development Representative

Commission Agent

Sales Broker

Direct Sales Representative

Channel Partner

Independent Sales Contractor

Account Executive

Sales Consultant

Distribution Agent

Marketing Representative

Property Consultant

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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