Free sales commission agreement template (Word)
A sales commission agreement for an employee or independent sales representative: the products and territory, the commission rate with an optional higher rate above a threshold, when commission is earned, chargebacks, monthly payment with a statement, an optional draw, expenses, and commission on orders after the agreement ends.
No sign-up. Your answers stay in your browser. Who it is for: Small businesses paying salespeople, agents or referral partners on commission, and representatives who want the plan in writing before they start selling.
Updated · Word (.docx) · Free to use and adapt
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What is in the sales commission agreement
- Products, territory and optional exclusivity
- Commission percentage of the net sales price
- Optional accelerator above a sales threshold
- Earned on order acceptance or on customer payment
- Optional chargebacks for refunds and unpaid invoices
- Monthly payment with a commission statement
- Optional recoverable or non-recoverable draw
- Employee or independent contractor
- Notice period and optional commission tail after the end date
- Confidentiality and governing law
Read the full template
This is the complete wording. [Labels] are filled in from your answers, and highlighted text only appears when it applies; hover over it to see when.
SALES COMMISSION AGREEMENT
This Sales Commission Agreement is made on [Effective date] between [Company name], [Company address] (the "Company"), and [Representative name], [Representative address] (the "Representative").
1. Appointment
The Company appoints the Representative to sell [Products description] (the "Products") to customers in [Territory]. The territory is exclusive: while this Agreement is in force, the Company will not appoint another sales representative for it. The Representative will describe the Products honestly and follow the Company's published prices and terms, and has no authority to sign contracts, make promises or accept payments for the Company.
2. Commission
The Company will pay the Representative a commission of [Commission percent]% of the net sales price of each sale of Products to a customer the Representative introduced, rising to [Accelerator percent]% on the part of the Representative's net sales in a calendar [Accelerator period] that is above [Accelerator threshold amount]. "Net sales price" means the amount invoiced to the customer, less taxes, shipping, discounts, returns and credits.
Commission is earned only when the Company receives the customer's payment, and only on the amount received.Commission is earned when the Company accepts the customer's order. If the Company refunds or credits a sale, or the customer has not paid within [Chargeback days] days of the invoice date, any commission already paid on that sale will be deducted from the Representative's next commission payment.
3. Payment
The Company will pay the commission earned in each calendar month within [Payment days] days after the end of that month, with a statement showing the sales and how the commission was worked out. The Representative may see the records needed to check a statement.
The Company will also pay the Representative a draw of [Draw amount] each month as an advance on commission. If the draw is more than the commission earned in a month, the difference is carried forward and deducted from later commission.If the commission earned in a month is less than the draw, the Representative keeps the draw and the difference is not carried forward.
4. Expenses and status
The Company will reimburse reasonable selling expenses that it approves in writing before they are incurred.The Representative pays their own selling expenses.
The Representative is an employee of the Company. This Agreement sets out how their commission is earned and paid, in addition to the terms of their employment.The Representative is an independent contractor, not an employee, decides how to carry out the work, and is responsible for their own taxes and insurance.
5. Term and termination
This Agreement starts on [Effective date] and continues until either party ends it by giving the other [Notice days] days' written notice.
After this Agreement ends, the Company will pay commission on orders it accepted before the end date, and on orders from customers the Representative introduced that it accepts within [Tail days] days after the end date, once that commission is earned under section 2.
6. Confidentiality
The Representative will keep the Company's customer lists, prices and other non-public information confidential, during and after this Agreement, and use it only to perform this Agreement.
7. General
This Agreement is the entire agreement about the Representative's commission and replaces any earlier commission plan. Any change must be in writing and signed by both parties. If any part of this Agreement cannot be enforced, the rest remains in effect. This Agreement is governed by the laws of [Governing law].
For [Company name]: ____________________________ [Company signatory] Date: ______________
Representative: ____________________________ [Representative name] Date: ______________
The questions you answer
Clausery turns the template into a short questionnaire. Optional parts only appear when they apply.
| Question | Type | Asked when |
|---|---|---|
| Effective date | Date | Always |
| Company name | Short text | Always |
| Company address | Long text | Always |
| Representative name | Short text | Always |
| Representative address | Long text | Always |
| Products description | Long text | Always |
| Territory | Short text | Always |
| Is exclusive territory | Yes / no | Always |
| Commission percent | Number | Always |
| Has accelerator | Yes / no | Always |
| Accelerator percent | Number | If “Has accelerator” is yes |
| Accelerator period | Short text | If “Has accelerator” is yes |
| Accelerator threshold amount | Money | If “Has accelerator” is yes |
| Is earned on payment | Yes / no | Always |
| Include chargebacks | Yes / no | Always |
| Chargeback days | Number | If “Include chargebacks” is yes |
| Payment days | Number | Always |
| Has draw | Yes / no | Always |
| Draw amount | Money | If “Has draw” is yes |
| Is recoverable draw | Yes / no | If “Has draw” is yes |
| Reimburse expenses | Yes / no | Always |
| Is employee | Yes / no | Always |
| Notice days | Number | Always |
| Has tail period | Yes / no | Always |
| Tail days | Number | If “Has tail period” is yes |
| Governing law | Short text | Always |
| Company signatory | Short text | Always |
How to use it
Open it
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Answer the questions
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Questions
Does a commission plan have to be in writing?
It is always wise, and some places require it. In California, for example, an employer that pays employees commission must set out in writing how it is calculated and paid, and give the employee a signed copy (Labor Code section 2751). Check the rules where your sales staff work.
What is a draw against commission?
An advance paid each month and set against the commission earned. With a recoverable draw, any shortfall is carried forward and deducted from later commission; with a non-recoverable draw, the representative keeps it. Wage laws can limit recovering a draw from employees, so check before choosing recoverable.
How do I work out commission with a higher rate above a target?
Use the free sales commission calculator: enter the sales, the base rate and up to two higher tiers, and it shows the commission, the effective rate and the balance after any draw.
Is it really free?
Yes. The download is free, and filling it in with the Clausery app is free too, with unlimited documents. Library templates never count towards a plan limit, and no account or card is needed.
Is my information uploaded anywhere?
No. Clausery runs entirely in your browser. Your answers and the finished document are created and stored on your own device.
Is this legal advice?
No. These are general samples. Laws differ between countries and states, so have the wording reviewed for your situation before you rely on it.
Clauses in this template, explained
- Confidentiality clause
- Independent contractor clause
- Governing law and jurisdiction clause
- Entire agreement clause
- Severability clause
- Amendment clause
Free tool: Sales commission calculator: flat or tiered rates and a draw
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This template is a general sample and not legal advice. Laws vary by jurisdiction; have it reviewed before use.