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Software Sales Commission Agreement
"I need a Software Sales Commission Agreement for a SaaS platform targeting the New Zealand healthcare sector, with a tiered commission structure starting at 10% for new sales and increasing to 15% for renewals, including specific clauses for handling patient data privacy."
1. Parties: Identification of the company (principal) and the sales representative
2. Background: Context of the agreement, nature of the business, and purpose of the commission arrangement
3. Definitions: Key terms including 'Software Products', 'Commission', 'Territory', 'Qualified Sales', 'Net Revenue'
4. Appointment and Scope: Appointment of sales representative, territory definition, and exclusivity status
5. Commission Structure: Base commission rates, calculation methods, and qualifying criteria for commissions
6. Payment Terms: Timing of commission payments, payment methods, and reconciliation process
7. Sales Targets: Minimum performance requirements and sales quotas if applicable
8. Term and Termination: Duration of agreement, renewal terms, and termination conditions
9. Obligations of Sales Representative: Core duties, reporting requirements, and professional conduct expectations
10. Company's Obligations: Support, training, and resources provided by the company
11. Intellectual Property: Protection of company's IP and usage rights of sales materials
12. Confidentiality: Protection of confidential information and trade secrets
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Non-Compete: Restrictions on competing activities, used when protecting market position is crucial
2. International Sales: Additional terms for cross-border sales, needed for international territories
3. Team Management: Include when sales representative may build and manage their own team
4. Marketing Responsibilities: When sales role includes marketing duties beyond pure sales
5. Customer Support: Include if sales representative has post-sale support duties
6. Expense Reimbursement: Terms for expense claims, needed if company covers certain sales expenses
7. Lead Management: Processes for handling and distributing leads, important in shared territories
8. Software Customization: Include when sales involve custom software modifications
1. Schedule 1 - Commission Rates: Detailed commission structures, tiers, and bonus schemes
2. Schedule 2 - Territory Definition: Specific geographical or market segment boundaries
3. Schedule 3 - Product List: Current software products and services covered by the agreement
4. Schedule 4 - Sales Targets: Specific quotas and metrics for performance evaluation
5. Schedule 5 - Reporting Templates: Standard forms for sales reporting and commission calculations
6. Appendix A - Sales Policies: Company's sales policies and procedures
7. Appendix B - Technical Requirements: Technical specifications or requirements for software sales
Authors
Information Technology
Software Development
Cloud Services
SaaS (Software as a Service)
Enterprise Software
Business Solutions
Technology Consulting
Digital Services
E-commerce
Financial Technology
Healthcare Technology
Educational Technology
Sales
Legal
Human Resources
Finance
Operations
Revenue Operations
Business Development
Contract Administration
Compliance
Partner Relations
Sales Representative
Business Development Manager
Account Executive
Sales Director
Channel Sales Manager
Software Sales Specialist
Commission-based Sales Agent
Regional Sales Manager
Chief Revenue Officer
Sales Operations Manager
Contract Administrator
Legal Counsel
HR Manager
Finance Manager
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