COMMISSION AGREEMENT
THIS COMMISSION AGREEMENT (the "Agreement") is made on [Enter Date] (“effective
date”) by and between PLAYFULLSCREEN of address [Enter Address] (“Company”) and
[Enter Name] of address [Enter Address] (“Salesperson”) (individually “Party”, together
“Parties”).
WHEREAS the Company is a PPV streaming company that sells tickets to sporting events for
sports leagues.
WHEREAS the Salesperson offers to provide its services to the Company under the terms and
conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration is
hereby acknowledged, the Company and the Salesperson (individually the "Party" and
collectively the "Parties" to this Agreement) agree as follows:
1. SERVICES PROVIDED
The Company hereby agrees to engage the Salesperson to offer streaming and consultancy
services to the Company (the "Services").
2. OBLIGATION OF THE SALESPERSON
2.1. The Salesperson shall provide the services described in Section 1 of this
agreement.
2.2. The Salesperson shall maintain a high level of professionalism at all times.
3. TERM OF AGREEMENT
3.1. The term of this Agreement (the "Term") will begin on the date of this
Agreement and will remain in full force and effect indefinitely until terminated as
provided in this Agreement.
3.2. This Agreement shall be reviewed yearly by Patrick Decelles- the Owner, Robert
Reinhart- the Co/owner and Nathan Rhyne- the Director of Operations.
4. TERMINATION
4.1. This Agreement may also be terminated at any time for cause.
4.2. In the event that either Party wishes to terminate this Agreement, that Party will
be required to provide reasonable written notice to the other Party.
4.3. Upon the termination of this agreement, the Salesperson will be afforded the
remainder of any outstanding contract up to the date of termination.
5. GOOD FAITH
The parties to this contract shall, in exercising their respective rights and complying with
their respective obligations under this contract (including when conducting any discussions
or negotiations arising out of the application of any provisions of this contract or exercising
any discretion under them), at all times act in good faith.
6. PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take
effect.
7. COMPENSATION/PAYMENT
7.1 The Salesperson will be paid monthly or according to the terms of the sale. If the sale is
lump sum, the payment may be made in lump sum.
7.2 Payment shall be made based on the following milestone:
Signed contract for a minimum of one (1) year
Positive cash flow, whereby proceeds are greater than expenses; an
PPV sales proceeds must accrue with the Company.
7.3 The Compensation as stated in this Agreement does not include sales tax, or other
applicable duties as may be required by law. Any sales tax and duties required by law
will be charged to the Company in addition to the Compensation.
8. CONFIDENTIALITY/ NON-DISCLOSURE
8.1. Confidential information (the "Confidential Information") refers to any data or
information relating to the Company, whether business or personal, which would
reasonably be considered to be private or proprietary to the Company and that is not
generally known and where the release of that Confidential Information could
reasonably be expected to cause harm to the Company. It also refers to any other data or
information relating to the Company, whether business or personal, which would
reasonably be considered to be private or proprietary to the Company and that is not
generally known and where the release of that Confidential Information could
reasonably be expected to cause harm to the Company.
8.2. ALL confidential information is owned by the Company.
8.3. The Salesperson agrees that it will not disclose, divulge, reveal, report or use, for
any purpose, any Confidential Information which the Salesperson has obtained, except
as authorized by the Company or as required by law. The obligations of confidentiality
will apply during the Term and will survive for one (1) year after termination of this
Agreement.
8.4. Upon the expiration or termination of this Agreement, the Salesperson will
return to the Company any property, documentation, records, or Confidential
Information which is the property of the Company.
8.5. Both parties agree that they will not disclose, divulge, reveal, report for any
purpose, the terms of this Agreement, unless required by law.
9. INTELLECTUAL PROPERTY
9.1. The Salesperson SHALL NOT use the Company’s Intellectual Property for any
purpose other than that contracted for in this Agreement except with the written consent
of the Company. The Salesperson will be responsible for any and all damages resulting
from the unauthorized use of the Intellectual Property.
9.2. All intellectual property and related material, including any moral rights, and
rights in any patent, copyright, trademark (the "Intellectual Property") that is developed
or produced under this Agreement, is a "work made for hire" and will be the sole
property of the Company. The use of the Intellectual Property by the Company will not
be restricted in any manner.
10. CAPACITY/INDEPENDENT SALESPERSON
10.1. In providing the Services under this Agreement it is expressly agreed that the
Salesperson is acting as an independent Salesperson and not as an employee. The
Salesperson and the Company acknowledge that this Agreement does not create a
partnership or joint venture between them and is exclusively a contract for service.
10.2. The Company is not required to pay, or make any contributions to, any social
security, local, state or federal tax, health insurance, vehicle reimbursements,
unemployment compensation, workers’ compensation, insurance premium, profit-
sharing, pension or any other employee benefit for the Salesperson during the Term.
10.3. The Salesperson is responsible for paying, and complying with reporting
requirements for, all taxes related to payments made to the Salesperson under this
Agreement.
11. NOTICE
All notices, requests, demands or other communications required or permitted by the terms of
this Agreement will be given in writing and delivered to the Parties to such address as either
Party may from time to time notify the other, and will be deemed to be properly delivered (a)
immediately upon being served personally, (b) two days after being deposited with the postal
service if served by registered mail, or (c) the following day after being deposited with an
overnight courier.
12. INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to the
extent permitted by applicable law, each Party agrees to indemnify and hold harmless the
other Party, and its respective affiliates, officers, agents, employees, and permitted successors
and assigns against any and all claims, losses, damages, liabilities, penalties, punitive
damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which
result from or arise out of any act or omission of the indemnifying party, its respective
affiliates, officers, agents, employees, and permitted successors and assigns that occurs in
connection with this Agreement. This indemnification will survive the termination of this
Agreement.
13. MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by
either Party in connection with this Agreement will only be binding if evidenced in writing
signed by each Party or an authorized representative of each Party.
14. ASSIGNMENT
The Salesperson will not voluntarily, or by operation of law, assign or otherwise transfer its
obligations under this Agreement without the prior written consent of the Company.
15. ENTIRE AGREEMENT
It is agreed that there is no representation, warranty, collateral agreement, or condition
affecting this Agreement except as expressly provided in this Agreement.
16. ENUREMENT
This Agreement will enure to the benefit of and be binding on the Parties and their respective
heirs, executors, administrators and permitted successors and assigns.
17. TITLES/HEADINGS
Headings are inserted for the convenience of the Parties only and are not to be considered
when interpreting this Agreement.
18. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of British
Columbia, Canada.
19. DISPUTE RESOLUTION
All disputes arising under this agreement shall be governed by and interpreted in accordance
with the laws of British Columbia, Canada, without regard to principles of conflict of laws.
The parties to this agreement will submit all disputes arising under this agreement to
arbitration in British Columbia, Canada before a single arbitrator of the British Columbia
International Commercial Arbitration Centre (“BCICAC”). The arbitrator shall be selected
by application of the rules of BCICAC, or by mutual agreement of the parties. No party to
this agreement will challenge the jurisdiction or venue provisions as provided in this section.
No party to this agreement will challenge the jurisdiction or venue provisions as provided in
this section. Nothing contained herein shall prevent the party from obtaining an injunction.
20. SEVERABILITY
In the event that any of the provisions of this Agreement are held to be invalid or
unenforceable in whole or in part, all other provisions will nevertheless continue to be valid
and enforceable with the invalid or unenforceable parts severed from the remainder of this
Agreement.
21. WAIVER
The waiver by either Party of a breach, default, delay, or omission of any of the provisions of
this Agreement by the other Party will not be construed as a waiver of any subsequent breach
of the same or other provisions.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on
[ENTER DATE]
___________________________________ ___________________________
Salesperson’s Signature Date
___________________________________ ___________________________
Company’s Signature Date
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )