THIS AGREEMENT is made on the ……..…… day of…………..…………20……..…, entered into by the Employer and the Employee (Employer and Employee collectively referred to herein as the “Parties” or individually as the “Party”).
WHEREAS the Employer wishes to market his products, the employee is prepared to sell the products on behalf of the Employer in return for a commission.
It is agreed as follows:
DEFINITIONS AND INTERPRETATIONS
In this Agreement:
“Agreement” means this agreement, its Schedules, Exhibits, and other documents (save as may otherwise be varied by this agreement);
“Commission” means 3% of the net sales based on each day’s sales split between employees who worked that day and the number of hours worked;
“Intellectual Property” means the copyright, know-how, the trade names, and any marks, trade device, service mark, symbol, code or specification, patents, designs, and other individual or intellectual property rights used in or associated with any of the Parties; and
“Products” means the goods rendered by the Employer for sale;
In this agreement, unless the context otherwise requires, any reference to:
the singular includes the plural and vice versa;
any written law consists of that law as amended or re-enacted from time to time;
any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time;
a clause is to the relevant clause of this agreement;
any Party includes that party’s successors and assigns.
Clause headings are inserted for convenience only and shall be ignored in construing this agreement.
This agreement shall be valid from the date of execution until termination.
The employee shall start to be eligible to receive commission two weeks from the hire date;
The commission shall be based off clocked in hours (if a partial hour is worked, it will be rounded to the nearest 1/2 hour);
The commission is in addition to hourly base pay;
The commission shall exclude sales tax, discounts, employee purchases, consignment sales, gift card sales, returns/store credits, repairs, custom orders, and ring sizing;
The commission shall be filed through the payroll service gusto on the same day as payroll 2 x month. Paid under “commission” tab;
The commission pay periods include 1-15th and the 16th-end of the month;
All commission reports will be posted by the 5th and 20th of each month;
If the Employer works a scheduled shift, tracking works similarly. Her earnings will not be distributed amongst the group commission;
Employees are responsible for handling their tax liabilities;
If an employee is terminated, the commission will be up until the last day worked and will be paid within mandatory payout by law;
The Employer can change the commission contract at any time;
If any ambiguity is found in the agreement or various documents forming this agreement, the Employer shall issue any necessary clarification or instruction; and
All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the parties append their signatures on the documents.
If any dispute arises between the Parties related to this agreement, it shall be resolved by negotiation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the relevant jurisdiction of the Courts.
Either party may terminate this agreement at any time.
The termination of this agreement shall not discharge the liabilities accumulated by either party.
Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
VARIATION to the agreement
Either party may request variations to the agreement. The Parties shall enter into discussions to agree on any variations and such variations will only be effective if agreed in writing, signed by the Parties, and recorded.
For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
Force Majeure shall not include any event caused by the negligence or intentional action of a Party or such Party’s sub-Employees or agents or employees or by a failure to observe good professional practice.
Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under this agreement insofar as such inability arises from an event of Force Majeure, provided that the party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all to carry out the terms of this agreement.
A Party affected by an event of Force Majeure shall take all reasonable measures to remove such party’s inability to fulfill its obligations hereunder with a minimum of delay. The Parties shall take all appropriate measures to minimize the consequence of any event of Force Majeure.
A Party affected by an event of Force Majeure shall notify in writing the other party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
Not later than fourteen (14) days after a Party, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other to agree on appropriate measures to be taken in the circumstances.
The Employees shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Employer, whether such information or matter is stated to be confidential or not, without the express written permission of the Employer.
Except where this agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.
Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable. In that case, the Parties shall amend that provision in such a reasonable manner as achieves the Parties’ intention without illegality or at the parties’ discretion, it may be severed from this agreement, and the remaining provisions of this agreement shall remain in full force and effect.
The Parties select as their respective addresses the addresses (including email) set out below for all purposes arising out of or in connection with this agreement at which addresses only all processes and notices arising out of or in connection with this agreement may validly be served upon or delivered by the Parties. All notices shall be in writing.
THE EMPLOYER: ___________________________________________
THE EMPLOYEES: ___________________________________________
CHANGE OF ADDRESS
Either party may provide changes in the above addressees by reasonable notice in writing given to the other party as aforesaid.
Each party shall bear its costs incurred in the negotiation, preparation, and execution of this agreement.
The construction, validity, and performance of this agreement shall be governed in all respects by the Laws of the State of California.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, both Parties by its duly authorized officer, as of the day and year set forth below.
Signed by the EMPLOYEESignature: ……………………………………………….Name: ……………………………………………………Designation: …………………………………………….Date:…………………………………………….……
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