A distribution agreement is a contract between a supplier and a distributor that outlines the terms and conditions of the distribution of products or services. In a commission-based distribution agreement, the distributor earns a commission for each sale they make, rather than purchasing the products outright.

Here are some key points to consider when drafting a commission-based distribution agreement:

1. Commission structure: The commission structure should be clearly outlined in the agreement. This includes the percentage of commission the distributor will earn for each sale, as well as any additional bonuses or incentives for meeting certain sales targets.

2. Territory: The agreement should specify the geographic territory in which the distributor is authorized to sell the products or services. This can be a specific region, state, or country, depending on the scope of the agreement.

3. Sales and marketing responsibilities: The agreement should outline the responsibilities of both the supplier and the distributor when it comes to sales and marketing efforts. This includes advertising, promotional materials, and sales support.

4. Product pricing and payment terms: The agreement should specify the pricing of the products or services and the payment terms for the distributor. The payment terms can include commission payments, payment schedules, and any penalties for late payments.

5. Term and termination: The agreement should specify the length of the agreement and the conditions for termination. This can include reasons for termination, notice requirements, and any post-termination obligations.

Commission-based distribution agreements can be a win-win situation for both the supplier and the distributor. The supplier gets their products or services in front of new customers, while the distributor earns a commission for their sales efforts. However, it is important to have a clear and comprehensive agreement in place to ensure that both parties are on the same page and that the relationship is mutually beneficial.