This Commission Agreement (hereafter referred to as the “Agreement”) is entered into on
_ between, (hereafter referred to as the “Company”) __________, and
(hereafter referred to as the “Contractor”).
IN WITNESS THEREOF, the above parties wish to enter into this Agreement and express the need to
define and set forth the terms and conditions of engagement of the above-named contractor within
this instrument.
- DUTIES AND RESPONSIBILITIES
The detailed list of job duties and responsibilities for the contractor is as follows:
–
- COMPENSATION.
By the following terms and conditions of this Agreement, throughout the contractor’s engagement
period, his compensation will be ten percent (10%) of all the sales he/she brings in.
As long as the contractor is still performing his duties and obligations for the company as stipulated in
this Agreement, and the company decides to sell the company, the contractor will be entitled to 5% of
the net proceeds of the sale (after all deductions including the broker fees, etc.)
Once the contractor terminates his services or the company terminates his services, his will no longer
be needed, and the agreement stands canceled/terminated. - CONFIDENTIALITY
Within or after the Engagement Period, the contractor shall at no time divulge, release, or remove for
his/her use or that of any other individual or company, any documentation, information, or knowledge
about the operation or business of the Company or any of its subsidiaries or affiliates, obtained or
made available to him/her during the course of their engagement with the company, subsidiaries or
affiliates. Furthermore, the parties agree as follows:
i. Confidential information excludes that which is public knowledge.
ii. The contractor shall not copy or modify any Confidential Information without the prior
written consent of the Supervisor and/or CEO.
iii. Upon the termination of engagement (whether voluntary or involuntarily), the
contractor shall immediately return any written documents and/or materials of a
confidential nature to the Company.
Should the contractor, during or after the termination of employment, disclose or threaten to disclose
any information of a confidential nature, the contractor shall be deemed in violation of this agreement.
The Company at that time shall be entitled to obtain an injunction to restrain the contractor from
disclosing or further disclosing, in whole or in part, Confidential Information. The Company shall also
be entitled to pursue other legal remedies, as may be deemed appropriate, for any loss and/or
damages incurred due to any unauthorized disclosure made by the contractor during or after the
termination of employment.
The confidentiality provisions contained within this Agreement shall remain in full force and effect for a
period after the contractor’s transfer or termination of employment. During such period after transfer
or termination, neither of the parties shall make or permit the public announcement or statement of
any nature claiming that the contractor was formerly employed by or connected with the Company.
- WAIVER
Suppose either party fails to enforce any provision contained within this Agreement. In that case, it
shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and
compel strict compliance with every provision of this Agreement. - TERMINATION
Either party can terminate this agreement by issuing thirty days‘ written notice and clearly stating the
reasons for termination. The following are some of the grounds on which the company can terminate
the services;
i. If the contractor ceases assistance in selling.
ii. The contractor ceases to advertise.
iii. The contractor stops putting effort into the work. - REMEDIES
Should the contractor, at any time, violate any of the covenants or agreements set forth, the Company
reserves the right to immediately terminate the engagement of the contractor and terminate all its
obligations to make any further payments under this Agreement. The contractor acknowledges and
warrants that if the Company incurs permanent and irreversible damage and injury through his/her
violation of any of the clauses, the Company shall be entitled to any legal remedy or injunction, as
may be deemed appropriate by Company or Court of Law, from any actual or threatened breach of
this Agreement. - ASSIGNMENT
Any interests pertaining to the contractor under the Agreement are not subject to any claims of his/her
creditors and may not be voluntarily or involuntarily assigned, alienated, or encumbered. - NON-COMPETE
During the contractor’s period of engagement with the company, in the State of Florida, and for a
period of following termination of the engagement, however, caused, the contractor shall not seek or
gain engagement with any business that competes with the Company, its subsidiaries, or affiliates
within.
The contractor agrees that the above-established restrictions are reasonable and fair, and all
defenses to the strict enforcement of this stipulated non-compete covenant by the company are
waived by you. - NON-SOLICITATION OF CLIENTS AND EMPLOYEES
The contractor herein agrees that s/he will not, without the prior written consent of the company, at
any time, within the State of Florida, whether during the engagement or for a period of years after
termination of the engagement, either by their actions for your behalf or behalf of any other party or
company competing or endeavoring to compete with the company, either directly or indirectly solicit,
attempt to appeal, and/or contact to solicit a client of the company for your benefit or the benefit of
any other individual competing with the company within.
The contractor herein agrees that s/he will not, without the prior written consent of the company, at
any time, within the State of Florida, whether during the engagement or for a period of years after
termination of engagement either by their actions for your behalf or behalf of any other party or
company competing or endeavoring to compete with the company, either directly or indirectly solicit,
attempt to solicit, and/or contact to solicit contractor of the company for your benefit or the benefit of
any other individual competing with the contractor within. - DISPUTE RESOLUTION MECHANISM
Any dispute, controversy, or claim arising out of or relating to this Agreement or the interpretation,
breach, or validity thereof shall primarily be resolved through negotiation between the parties.
If resolution cannot be obtained, the dispute shall be taken to arbitration which shall be organized in
accordance with the rules of the State of Florida. - ENTIRE AGREEMENT
This Agreement contains the complete and entire agreement of both the contractor and the company.
There are no other promises or conditions, oral or written, outside of what is contained herein in this
Agreement. This Agreement supersedes any prior written or oral agreements between both parties.
- SEVERABILITY
Should any provision contained within this Agreement be deemed invalid or unenforceable, in part or
whole, such invalidity or unenforceability will attach only to the particular provision or part of this
Agreement while the remaining aspects of said provision and all other provisions of this Agreement
shall remain in full force and effect. - GOVERNING LAW
The Agreement’s provisions shall be interpreted in accordance with the current laws of the State of
Florida.
IN WITNESS WHEREOF, the Contractor has hereunto set his/her hand, and the Company has
caused this instrument to be executed in its name and on its behalf, as of
(Contractor Signature)
(Contractor Name)
(The Company/Duly Authorized Representative Signature)
(The Company/Duly Authorized Representative Name)
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