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Commission Agreement
I need a commission agreement for a freelance sales agent who will earn a 10% commission on all sales they generate, with payments made monthly. The agreement should include a clause for termination with a 30-day notice period and specify that the agent is responsible for their own taxes and expenses.
What is a Commission Agreement?
A Commission Agreement sets out how a salesperson or agent will be paid for their work, typically as a percentage of sales or deals they close. Under Danish commercial law, these contracts spell out important details like commission rates, payment timing, and performance targets while protecting both the company and the sales representative.
Common in Danish retail, real estate, and financial services, these agreements must comply with the Commercial Agents Act (Handelsagentloven). They define when commission is earned, how it's calculated, and what happens if a client cancels or returns products. Good agreements also cover territory rights, non-compete clauses, and commission on repeat business - essential protections for both parties.
When should you use a Commission Agreement?
Use a Commission Agreement when bringing on sales representatives, agents, or brokers who will earn money based on their performance. This is especially important in Danish industries like real estate, insurance, and wholesale trade, where commission-based compensation drives business growth. The agreement becomes essential once you're ready to define specific commission rates, sales territories, and payment terms.
Companies need these agreements to establish clear expectations before sales activities begin. Danish law requires detailed documentation of commission structures, particularly for ongoing business relationships. Having this agreement in place prevents disputes over earned commissions, protects trade secrets, and ensures compliance with the Commercial Agents Act's requirements for commission calculations and payment timing.
What are the different types of Commission Agreement?
- Sales Commission Contract: Basic agreement for direct sales staff, covering commission rates and sales targets within a single company
- Commission Employment Contract: Combines standard employment terms with commission structures, ideal for full-time sales employees
- Middleman Commission Agreement: Specialized for third-party intermediaries who connect buyers and sellers
- Commission Agreement Between Seller And Agent: For independent sales agents representing multiple products or services
- Commission Contract Agreement: Comprehensive version covering complex commission structures and multiple performance tiers
Who should typically use a Commission Agreement?
- Sales Representatives: Primary beneficiaries who earn commission based on their sales performance, including both full-time employees and independent contractors
- Company Owners/Management: Set commission rates, define territories, and establish performance metrics while ensuring compliance with Danish labor laws
- HR Departments: Handle implementation, track performance, and manage commission payouts in alignment with Danish employment regulations
- Legal Counsel: Draft and review agreements to ensure compliance with Danish Commercial Agents Act and protect company interests
- Financial Controllers: Calculate commissions, process payments, and maintain records for tax and audit purposes
How do you write a Commission Agreement?
- Commission Structure: Define exact commission rates, payment thresholds, and calculation methods that align with Danish market standards
- Sales Territory: Map out specific geographical areas or customer segments where the representative can operate
- Performance Metrics: Establish clear sales targets, reporting requirements, and evaluation periods
- Payment Terms: Specify payment frequency, minimum thresholds, and handling of refunds or cancellations
- Legal Requirements: Ensure compliance with Danish Commercial Agents Act by using our platform's automated document generation
- Non-Compete Terms: Define any restrictions on working with competitors during and after the agreement period
What should be included in a Commission Agreement?
- Party Details: Full legal names, business registration numbers, and authorized representatives' information
- Commission Structure: Clear formula for calculating commissions, payment schedules, and conditions for earning commission
- Territory Definition: Precise geographical or customer segment boundaries under Danish jurisdiction
- Duration and Termination: Contract period, notice requirements, and grounds for early termination
- Performance Standards: Specific sales targets, reporting requirements, and quality metrics
- Confidentiality: Protection of trade secrets and customer data under Danish data protection laws
- Dispute Resolution: Danish jurisdiction clause and specific mediation procedures
- Competition Clauses: Post-termination restrictions compliant with Danish competition law
What's the difference between a Commission Agreement and an Agency Agreement?
While Commission Agreements and Agency Agreements might seem similar, they serve distinct purposes in Danish business law. Commission Agreements focus specifically on performance-based compensation, while Agency Agreements establish broader representation rights and responsibilities.
- Scope of Authority: Agency Agreements grant power to represent and bind the principal in business dealings, while Commission Agreements merely outline sales targets and compensation terms
- Payment Structure: Commission Agreements focus solely on performance-based compensation, whereas Agency Agreements may include fixed fees plus commission
- Legal Protection: Agency Agreements offer stronger legal protections under Danish law, including mandatory notice periods and goodwill compensation
- Duration: Agency Agreements typically establish long-term representation rights, while Commission Agreements often focus on specific sales periods or targets
- Regulatory Framework: Agency Agreements fall under stricter provisions of the Danish Commercial Agents Act, with more mandatory terms than Commission Agreements
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