COMMISSION ONLY SALES AGREEMENT.
This Commission Only Sales Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “effective date”), between ____________________, Contact Infor: _______________________ (hereinafter referred to as the “Company”), and ___________________, Contact Infor: ______________________________________ (herein referred to as the “Sales Representative”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period of ________ [Days/Weeks/Months/Years], commencing on the Effective Date herein.
- SCOPE.
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- The Company is retaining the Sales Representative to be taking sales calls, getting Company agreements signed, and onboarding the clients as well as getting the campaigns launched.
- The Sales Representative understands that any and all client’s contact information, contracts of services, emails and PowerPoints covered and/or obtained during the term of this Agreement shall be considered as the Company intellectual property. Any use of this information including but not limited to contacting the client shall be done through the Company or upon receiving the Company’s written consent.
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- CONSIDERATION/COMMISSION.
The Sales Representative shall receive 25% from all the sales they make, and an additional 25% for successfully onboarding the Clients and getting campaigns launched. Payments to be made within 24-72 hours of the client’s campaign launching.
- NON-DISCLOSURE
The Sales Representative acknowledges and agrees to keep details of this Agreement and any other confidential information about the Company’s business and the Company’s clients, associates and customers as covered under this Agreement and the dealings of the Company and/with its future clients confidential. The Sales Representative shall not use the said information without prior written consent of the Company except;
- The information is required by law.
- The information is already in the public domain.
- RELATIONSHIP BETWEEN THE PARTIES.
The Sales Representative shall be retained as an independent contractor. The Sales Representative shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Sales Representative’s behalf during the term of this Agreement.
- ASSIGNMENT/WAIVER.
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- The Sales Representative shall not assign their obligations or subcontract their services without prior written notice and/or consent from the Company.
- The waiver by either party of any breach or failure to enforce any of the terms of this Agreement at any time shall not in any way affect, limit, or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
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In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a mediation process in accordance with the ADR rules and regulations of the State of Connecticut, USA.
- TERMINATION/CANCELLATION.
The Parties acknowledge that either Party can cancel this Agreement at any time provided that they issue a ______ Day Written Notice on the same. The Company shall ensure to pay any and all pending payments before the Agreement shall be considered effectively terminated/cancelled. Either Party may terminate/cancel this Agreement at any time and without prior written notice if there is breach of any of the terms of this Agreement.
- MODIFICATIONS.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, USA. Exclusive jurisdiction and venue shall be in Connecticut, USA.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: ________________ ___________________________ ___________
(SIGNATURE) (NAME) (DATE)
SALES REPRESENTATIVE: ____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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