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 Peachtree Construction, Contact Info: __________________________________________ (hereinafter referred to as the “Company”), and Preston Howell, Contact Info: ______________________________________ (herein referred to as the “Contractor”).
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.
The Contractor shall be responsible for the development, management and strategy for the Company’s in-bound marketing.
COMMISSION/COMPENSATION.
- The Company shall pay the Contractor 5% commission for all deals that come through in-bound methods set up by the Contractor, including but not limited to website, phone calls, social media and review sites. The Company shall pay the Contractor 5% commission on any out-bound deals that the Contractor self-performs, including pipelines in perpetuity with any B2B partners. All commission payments shall be made within 7 working days from when a deal is closed of the first payment from the project.
- Costs of strategy, implementation, and oversight for all marketing efforts will be included at no additional charge. The Company shall be responsible for all the costs for running ads, paid social, PPC, events, PR/publicity, sponsorships, video production, and photography.
- The Contractor shall have access to all incoming leads from all online platforms, and have access to the phone system tracking and incoming call logs.
- The Company shall update the Contractor within 1 day of any incoming lead from the phone system.
RELATIONSHIP BETWEEN THE PARTIES.
The Contractor shall be retained as an independent contractor. The Contractor 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 Contractor‘s behalf during the term of this Agreement.
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 commission 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 _____________ [State/Country]. Exclusive jurisdiction and venue shall be in _______________ [State/Country].
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)
CONTRACTOR: ____________ _______________________________ ___________
(SIGNATURE) (NAME) (DATE)
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