RETAINER AND COMMISSION Clause Samples

RETAINER AND COMMISSION. Company agrees to pay Representative a retainer fee of $1000 per month for a period of 6 months. A 3-month advance payment will be required prior to work being performed by the Representative. The retainer fee will be applied towards any future commissions earned, but in the event the agreement is terminated by the Company, and the commissions earned are less than the total retainer fee paid, the retainer will not be refunded to the Company. The Commission rate will be 10% and any variances must have prior agreement from both parties.The retainer and commission will cover all costs associated with “What the Representative Will Do” as outlined in Point 7 of this agreement. Company will pay all commissions monthly on all net invoiced sales ("net invoiced sales" are defined as gross shipments less any standard promotional allowances and standard returns following the month shipments are invoiced). A check, along with a statement showing the invoices on the sales/shipments (or credits) for which commissions are being paid (or deducted), will be remitted to Representative on or before the 20th of the month following the month in which such shipments are invoiced. If a product or products are discontinued by any account and returned for credit, this will NOT be applied to net sales. Costs associated with getting distribution at certain accounts, such as slotting fees, new item fees, and/or free goods will NOT be part of net computations. Specific account marketing moneys, such as Scandowns or Rebates, will not be considered standard promotional allowances. These are marketing expenses directed specifically to the consumer. SALES & SERVICE WORKING AGREEMENT Page 2 of 3 Commissions will be paid on all invoiced shipments for orders received by Company from all customers in Representative's territory regardless of where shipment is made, or whether the Representative writes the order or the orders are sent to the Company's offices, or whether orders are secured by the Representative or someone acting on behalf of the Company.