Commission Agent Agreement

COMMISSION AGENT AGREEMENT This AGREEMENT is made on [effective_date] between [company_name], of [company_address] (the "Company"), and [agent_name], of [agent_address] (the "Agent"). 1. ENGAGEMENT The Company engages the Agent on a non-exclusive basis to procure orders for the following, within [territory]: [products_services] 2. NATURE OF THE ENGAGEMENT 2.1 The Agent is an independent contractor and not an employee of the Company. No relationship of employment, partnership or joint venture is created. 2.2 The Agent shall bear all its own expenses, including travel, communication and establishment costs, unless expressly agreed otherwise in writing. 3. AGENT'S OBLIGATIONS 3.1 To canvass and procure orders diligently and in good faith; 3.2 To transmit every order received to the Company promptly, in the Company's prescribed form; 3.3 Not to quote any price or grant any discount, credit or concession other than as authorised by the Company in writing; 3.4 Not to make any representation or warranty on the Company's behalf beyond its published literature; 3.5 Not to collect payment from customers unless expressly authorised in writing, and where authorised, to remit collections to the Company within three working days; 3.6 To keep the Company informed of market conditions and competitor activity in the Territory. 4. ORDERS SUBJECT TO ACCEPTANCE Every order procured by the Agent is a solicitation only, and becomes binding on the Company only upon the Company's written acceptance. The Company may decline any order without assigning reasons and without liability to the Agent. 5. COMMISSION 5.1 The Company shall pay commission at [commission_rate]% on the net invoiced value of orders procured by the Agent and accepted by the Company, excluding taxes, freight and insurance. 5.2 Commission becomes payable [payment_timing]. 5.3 No commission is payable on any order that is cancelled, returned, or in respect of which payment is not realised. Commission already paid on such an order shall be adjusted against future commission or refunded. 5.4 Commission is exclusive of Goods and Services Tax and is subject to deduction of tax at source under the Income-tax Act, 1961. 6. TERM AND TERMINATION This Agreement continues for [term_months] months and may be terminated by either party on thirty days' written notice, or immediately for material breach or on the Agent making any secret profit or acting contrary to the Company's interests. 7. CONFIDENTIALITY The Agent shall keep confidential the Company's price lists, customer data and business information, during the term and after it. 8. GOVERNING LAW Governed by the laws of India. The courts at the Company's place of business shall have exclusive jurisdiction. FOR THE COMPANY THE AGENT [company_name] [agent_name]