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Independent Contractor Sales Commission Agreement Template for Belgium

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Key Requirements PROMPT example:

Independent Contractor Sales Commission Agreement

"I need an Independent Contractor Sales Commission Agreement under Belgian law for hiring a sales representative to sell our software products in the Benelux region, with a 10% commission structure and quarterly sales targets, starting March 1, 2025."

Document background
An Independent Contractor Sales Commission Agreement is essential for businesses operating in Belgium that wish to engage external sales representatives without creating an employment relationship. This document is particularly relevant in the context of Belgian commercial law, which provides specific protections for commercial agents under the Law of 13 April 1995. The agreement should be used when a company wants to expand its sales reach through independent contractors who will be compensated primarily through commissions. It includes crucial elements such as commission calculations, payment terms, territorial rights, performance expectations, and clearly defines the independent nature of the relationship to avoid misclassification under Belgian employment law. The document must comply with both Belgian national regulations and broader EU requirements, including GDPR and competition law considerations.
Suggested Sections

1. Parties: Identification of the principal company and the independent contractor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, nature of the principal's business, and confirmation of independent contractor status

3. Definitions: Key terms used throughout the agreement, including 'Products', 'Territory', 'Customers', 'Commission', and 'Intellectual Property'

4. Appointment and Status: Scope of appointment, confirmation of independent contractor status, and non-exclusive nature of the relationship

5. Territory and Products: Definition of geographical area and products/services covered by the agreement

6. Duties and Responsibilities: Detailed obligations of the contractor including sales targets, reporting requirements, and customer service standards

7. Commission Structure: Detailed commission calculations, payment terms, and conditions for earning commission

8. Payment Terms: Timeline for commission payments, currency, payment method, and handling of disputed amounts

9. Term and Termination: Duration of agreement, notice periods, and grounds for termination as per Belgian law

10. Intellectual Property: Protection of company's IP, usage rights, and restrictions

11. Confidentiality: Protection of business information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

Optional Sections

1. Non-Compete Obligations: Post-termination restrictions on competition, used when protecting legitimate business interests (must comply with Belgian competition law)

2. Customer Non-Solicitation: Restrictions on soliciting customers post-termination, included when protecting customer relationships

3. Minimum Performance Requirements: Specific sales targets and consequences for non-achievement, used for performance-based relationships

4. Training and Support: Details of training provided by the company, included when specific product knowledge is required

5. Insurance Requirements: Specific insurance coverage requirements, included for high-risk products or services

6. Indemnification: Mutual or one-way indemnification provisions, included for high-risk business relationships

7. Marketing and Promotion: Requirements for marketing activities and brand representation, included when contractor handles marketing

8. Audit Rights: Company's right to audit contractor's records, included for complex commission structures

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates by product/service type and customer category

2. Schedule 2 - Territory Description: Detailed description of geographical territory including maps or postal codes

3. Schedule 3 - Product List: Comprehensive list of products/services covered by the agreement

4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports

5. Schedule 5 - Sales Targets: Detailed sales targets and measurement criteria

6. Appendix A - Code of Conduct: Company's code of conduct and ethical business practices

7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

Manufacturing

Technology

Software

Retail

Wholesale

Professional Services

Industrial Equipment

Consumer Goods

Pharmaceuticals

Financial Services

Telecommunications

Real Estate

Construction Materials

Medical Devices

Automotive

Relevant Teams

Legal

Sales

Human Resources

Compliance

Finance

Commercial Operations

Business Development

Procurement

Contract Administration

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Legal Counsel

HR Director

Procurement Manager

Sales Operations Manager

Regional Sales Manager

Channel Manager

Independent Sales Representative

Sales Agent

Contract Manager

Compliance Officer

Chief Commercial Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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