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Tiered Commission Agreement Template for United States

A Tiered Commission Agreement is a legal contract used in the United States that establishes a structured compensation system where commission rates increase as sales targets or performance metrics are achieved. This agreement outlines specific commission tiers, calculation methods, payment terms, and performance requirements while ensuring compliance with federal and state labor laws. It includes provisions for commission rates at different achievement levels, payment schedules, and conditions for tier advancement.

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What is a Tiered Commission Agreement?

The Tiered Commission Agreement serves as a foundational document for sales-based compensation structures in the United States. This agreement type is essential when organizations want to incentivize sales performance through progressive commission rates. The document establishes clear parameters for commission calculations, defines performance metrics, and ensures compliance with applicable federal and state regulations. It's particularly valuable for businesses seeking to motivate sales teams while maintaining transparent and legally sound compensation practices.

What sections should be included in a Tiered Commission Agreement?

1. Parties: Identification of contracting parties and their details

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Commission Structure: Detailed breakdown of commission tiers and calculations

5. Payment Terms: Timing and method of commission payments

6. Performance Metrics: Criteria for measuring performance and tier advancement

7. Term and Termination: Duration and termination conditions

8. Governing Law: Applicable jurisdiction and legal framework

What sections are optional to include in a Tiered Commission Agreement?

1. Non-Compete Clause: Restrictions on competitive activities - use when protecting business interests is crucial

2. Clawback Provisions: Terms for recovering paid commissions - use when dealing with potential customer returns or cancellations

3. Training Requirements: Mandatory training or certification requirements - use when specific qualifications are needed

4. Expense Reimbursement: Terms for business expense handling - use when sales activities involve travel or other expenses

What schedules should be included in a Tiered Commission Agreement?

1. Commission Tier Schedule: Detailed breakdown of commission percentages by tier

2. Product/Service Price List: Current pricing for commission calculations

3. Performance Metrics Schedule: Specific KPIs and measurement criteria

4. Territory Map: Geographic boundaries for sales activities (for territory-based sales arrangements)

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

Jurisdiction

United States

Publisher

Genie AI

Sector

Sales

Cost

Free to use

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