A sales commission employment agreement is a contract that outlines the terms and conditions of an employment relationship between an employer and a sales representative. This agreement is particularly important in sales jobs where compensation is primarily based on commission. In this article, we will examine the key components of a sales commission employment agreement.

Job Description and Responsibilities

The first section of the agreement should clearly define the duties and responsibilities of the sales representative. This section should outline the expectations for the sales representative, including sales quotas, territory limitations, and any other performance metrics that the employer may require. By providing a detailed job description, both the employer and sales representative have a clear understanding of what is expected of them.


The primary purpose of a sales commission employment agreement is to specify the compensation structure for the sales representative. This section should provide clear guidelines for how the sales commission will be calculated. The agreement should specify the commission rate, how commission will be calculated, and when payments will be made. The agreement should also outline any bonuses, incentives, or other compensation that may be earned.


The termination section of the agreement will outline the circumstances under which either party may terminate the employment relationship. This section should provide specific details regarding notice periods, cause for termination, and any severance that may be paid upon termination. By providing clarity around the termination process, the sales representative can feel more secure in their employment, and the employer can protect their business interests.

Confidentiality and Non-competition

Sales representatives often have access to sensitive information, including customer data, pricing information, and trade secrets. The confidentiality section of the agreement should outline the expectations for maintaining confidentiality and any restrictions on the use or disclosure of confidential information. The non-compete section should provide guidelines for how the sales representative may compete with the employer after their employment ends. By providing clear guidelines around confidentiality and non-competition, both the employer and the sales representative can protect their interests.


A sales commission employment agreement is a critical component of any sales representative`s employment relationship. By clearly outlining job responsibilities, compensation, termination provisions, confidentiality, and non-competition expectations, the agreement can provide both parties with peace of mind and protect their respective interests. Employers should work with legal counsel to ensure that their agreement is comprehensive and provides adequate protection for their business.