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Commission Split Agreement

Commission Split Agreement Template for Philippines

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Key Requirements PROMPT example:

Commission Split Agreement

"I need a Commission Split Agreement for my real estate agency in Manila, establishing a 60-40 commission split between the agency and individual agents, with the agreement starting January 1, 2025, and including provisions for international property sales."

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Document background
The Commission Split Agreement is essential for businesses operating in the Philippines that utilize commission-based compensation structures. This document is particularly crucial when establishing relationships between principals and agents, employers and commission-based employees, or between collaborating parties who share commission earnings. The agreement ensures compliance with Philippine legislation, including the Labor Code, Civil Code, and relevant tax regulations, while clearly defining how commissions will be calculated, split, and paid. It serves to prevent disputes by clearly outlining each party's rights, obligations, and entitlements, including performance expectations, territorial restrictions, and terms of engagement. The document is commonly used in industries such as real estate, insurance, sales, and financial services, where commission-based compensation is prevalent.
Suggested Sections

1. Parties: Identifies and provides full details of the parties entering into the agreement, including their legal names, addresses, and business registration details if applicable

2. Background: Explains the context of the agreement, including the nature of the business relationship and the purpose of the commission arrangement

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Commission Structure: Details the basic commission rates, calculation methods, and payment terms

5. Payment Terms: Specifies when and how commissions will be paid, including payment frequency, method, and currency

6. Obligations of Principal: Outlines the responsibilities of the party paying the commission, including reporting, calculation, and payment obligations

7. Obligations of Agent/Representative: Details the duties and responsibilities of the commission recipient, including sales targets if applicable

8. Term and Termination: Specifies the duration of the agreement and conditions for termination

9. Confidentiality: Establishes obligations regarding confidential information shared between parties

10. Non-Competition: Sets restrictions on competitive activities during and after the agreement

11. General Provisions: Includes standard legal clauses such as governing law, notices, and amendment procedures

Optional Sections

1. Performance Metrics: Include when specific performance targets or KPIs are tied to commission rates

2. Territory Rights: Include when the commission arrangement is limited to specific geographic areas or markets

3. Product/Service Exclusions: Include when certain products or services are excluded from the commission arrangement

4. Training and Support: Include when specific training or support will be provided to the commission recipient

5. Insurance Requirements: Include when the commission recipient needs to maintain specific insurance coverage

6. Dispute Resolution: Include when parties wish to specify alternative dispute resolution methods

7. Force Majeure: Include when parties want to address circumstances beyond their control

8. Data Protection: Include when personal data processing is involved in the commission arrangement

Suggested Schedules

1. Commission Rate Schedule: Detailed breakdown of commission rates, including any tiered structures or special rates for specific products/services

2. Territory Map: Visual representation and description of assigned territories if applicable

3. Product/Service List: Comprehensive list of products/services covered by the commission arrangement

4. Performance Targets: Detailed breakdown of any sales targets or performance metrics

5. Commission Calculation Examples: Sample calculations showing how commissions will be calculated in various scenarios

6. Required Reports and Forms: Templates for any required reporting or documentation

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Commission
Gross Sales
Net Sales
Principal
Agent
Territory
Products
Services
Commission Period
Payment Date
Performance Targets
Qualified Sale
Commission Rate
Commission Split
Effective Date
Term
Force Majeure
Confidential Information
Intellectual Property Rights
Business Day
Quarter
Year
Associated Company
Affiliate
Customer
Client
Prospect
Sales Report
Commission Statement
Target Market
Exclusivity
Operating Expenses
Performance Metrics
Sales Cycle
Lead
Qualified Lead
Commission Base
Referral Fee
Override Commission
Termination Date
Material Breach
Applicable Law
Philippine Peso
VAT
Withholding Tax
Clauses
Parties
Definitions
Commission Structure
Payment Terms
Territory Rights
Performance Requirements
Reporting Obligations
Confidentiality
Non-Competition
Non-Solicitation
Term and Duration
Termination
Post-Termination Obligations
Representations and Warranties
Compliance with Laws
Tax Obligations
Record Keeping
Audit Rights
Intellectual Property
Data Protection
Force Majeure
Assignment
Waiver
Severability
Entire Agreement
Amendment
Notices
Governing Law
Dispute Resolution
Indemnification
Insurance
Relationship of Parties
Authority
Exclusivity
Good Faith
Time of Essence
Costs and Expenses
Third Party Rights
Counterparts
Relevant Industries

Real Estate

Insurance

Financial Services

Retail

Technology Sales

Manufacturing

Telecommunications

Pharmaceutical Sales

Automotive

Direct Sales

Professional Services

Media and Advertising

Construction

Export/Import

Relevant Teams

Sales

Business Development

Legal

Human Resources

Finance

Operations

Compliance

Marketing

Channel Partners

Compensation & Benefits

Relevant Roles

Sales Director

Business Development Manager

Real Estate Agent

Insurance Agent

Sales Representative

Commission-Based Consultant

Regional Sales Manager

Account Executive

Marketing Director

Channel Partner Manager

Business Owner

Sales Operations Manager

Compensation Specialist

HR Manager

Legal Counsel

Finance Manager

Industries
Labor Code of the Philippines (Presidential Decree No. 442): Provides the fundamental guidelines for employment relationships, including provisions for compensation, terms of employment, and workers' rights. Particularly relevant for determining whether the commission arrangement creates an employer-employee relationship.
Civil Code of the Philippines (Republic Act No. 386): Governs contract formation, validity, and enforcement. Particularly Articles 1305-1422 on Contracts and Articles 1764-1773 on Agency Relationships, which are crucial for commission agreements.
National Internal Revenue Code (Tax Code): Determines the tax treatment of commission income, including withholding tax requirements and reporting obligations for both parties.
Republic Act No. 8282 (Social Security Law): Mandates social security coverage and contributions, which may be applicable depending on the nature of the commission relationship.
Republic Act No. 7875 (National Health Insurance Act): Governs PhilHealth coverage and contributions, which might be relevant for commission-based workers depending on the arrangement.
Department of Labor and Employment (DOLE) Department Order No. 147-15: Provides guidelines on determining employer-employee relationships, which is crucial for properly structuring commission arrangements.
Republic Act No. 8799 (Securities Regulation Code): May be relevant if the commission agreement involves securities or investment products, as it regulates commission arrangements in the securities industry.
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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