Commission Agreement Template (Australia)

For Australian businesses engaging referral partners

$39.00 +GST

Free Download for COMPASS Members

Use this template to:
  • Appoint an independent representative to introduce eligible customers on a non-exclusive basis;
  • Set clear terms for when commission is earned, calculated and paid;
  • Limit the representative’s authority so the relationship is not employment or agency;
  • Document registration, statements, clawbacks, confidentiality and termination rights.

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Commission Agreement: Eligible business and commission details

About this Document

Use this template if you:
  • Appoint an independent representative to introduce or refer eligible customers on a non-exclusive basis
  • Want clear, written terms on when commission is earned, calculated, adjusted and paid
  • Need to separate a genuine referral relationship from employment, agency or exclusive distribution arrangements
  • Want documented rules on brand use, approved materials, confidentiality and customer data
  • Are arranging commission for general business-to-business referrals, not regulated financial, credit, insurance or real estate activities
It is suited to:
  • Australian businesses engaging referral partners, introducers or sales representatives on a non-exclusive basis
  • Principals that supply products or services and pay commission for qualified introductions
  • Independent representatives operating outside regulated dealing arrangements requiring separate licensing
What this template covers:
  • Non-exclusive appointment, scope and express limits on the representative’s authority to bind the Principal
  • Representative and Principal obligations, including conduct, instructions, records and customer decision control
  • Registration and acceptance of opportunities, priority rules and entitlement disputes
  • When Commission is earned and calculated, including Eligible Customers, Qualifying Transactions and tail periods
  • Statements, payment, GST, records review, adjustments, clawbacks and recovery of overpayments
  • Confidentiality, privacy and compliance with consumer, marketing and anti-spam requirements
  • Intellectual property and brand, warranties, indemnities and a capped liability framework
  • Term, termination for convenience or cause, dispute resolution and governing law, plus completion schedules for eligible business, commission and approved activities
You receive an editable Word document with placeholders for party details, commission rates and schedules, so you can tailor it to your referral arrangement before execution. It is a practical, lawyer-drafted starting point that broadly addresses the Australian Consumer Law, privacy, spam and electronic-signature requirements, and is not a substitute for tailored legal advice where the arrangement is regulated or high risk.

How To Use This Template

This template is a starting point, not a final document. It’s been drafted by Australian lawyers to be practical and flexible, but it still needs to be reviewed and tailored for your specific business, transaction and risk profile.

Before you use it, you should:

  • Complete all placeholders, bracketed items and optional fields;
  • Remove any drafting notes or clauses that aren’t relevant to your situation; and
  • Check that party names, entity details, dates, addresses, contact details and defined terms are accurate.

Make sure the template is consistent with your other documents and obligations – including any existing contracts, policies, procedures, website terms, privacy disclosures, regulatory requirements or internal governance documents. If anything conflicts, it should be resolved before you sign, issue, adopt or implement the document.

If you are using the template as an agreement, it should be reviewed and signed by all relevant parties in accordance with applicable law and your internal signing requirements. If you are using it as a policy, procedure, notice or compliance record, it should be approved and stored under your organisation’s normal document control processes.

This template is provided as general information only and is not legal advice. Complex, high‑value, highly regulated or cross‑border matters will usually require bespoke drafting. For anything outside a straightforward use case, we strongly recommend obtaining legal advice before relying on, signing or implementing this document.

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