EMPLOYMENT COMMISSION AGREEMENT
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 “Employee”).
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 employment of the above-named employee within this instrument.
- DUTIES AND RESPONSIBILITIES
The detailed list of job duties and responsibilities for the Employee is as follows:
In accordance with the following terms and conditions of this Agreement, throughout the Employee’s period of employment, his compensation will be ten percent (10%) of all the sales he/she brings in.
Once the employee terminates his employment or the company terminates his employment, his services will no longer be needed and the agreement stand canceled/terminated.
Within or after the Employment Period, the Employee 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 employment with the company, subsidiaries or affiliates. Furthermore, the Employer and Employee agree as follows:
- Confidential information excludes that which is public knowledge.
- Employee shall not copy or modify any Confidential Information without the prior written consent of Supervisor and/or CEO.
- Upon the termination of employment (whether voluntary or involuntarily), the Employee shall immediately return the Company any written documents and/or materials of a confidential nature.
Should the Employee, during or after the termination of employment, disclose or threaten to disclose any information of a confidential nature, the Employee shall be deemed in violation of this agreement. The Company at that time shall be entitled to obtain an injunction to restrain the Employee 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 Employee 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 Employee’s transfer or termination of employment. During such period after transfer or termination, neither the Employee nor the Employer shall make or permit the public announcement or statement of any nature claiming that the Employee was formerly employed by or connected with the Company.
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.
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 employer can terminate the services;
- If the employee ceases assistance in selling.
- The employee ceases to advertise.
- Employee stops putting effort into the work.
Should the Employee, at any time, violate any of the covenants or agreements set forth, the Company reserves the right to immediately terminate the employment of the employee and terminate all its obligations to make any further payments under this Agreement. The Employee 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.
Any interests pertaining to the Employee under the Agreement are not subject to any claims of his/her creditors and may not be voluntarily or involuntarily assigned, alienated, or encumbered.
During Employee’s period of employment with the Employer, in the State of Florida, and for a period of following termination of employment however caused, the Employee shall not seek or gain employment with any business that is competition with the Company, its subsidiaries, or affiliates within.
The Employee 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 Employer are waived by you.
- NON-SOLICITATION OF CLIENTS AND EMPLOYEES
Employee herein agrees that s/he will not, without the prior written consent of Employer, at any time, within the State of Florida, whether during employment or for a period of years after termination of employment, either by their actions for your behalf or behalf of any other party or company competing or endeavoring to compete with the Employer, either directly or indirectly solicit, attempt to appeal, and/or contact to solicit a client of the Employer for your benefit or the benefit of any other individual competing with the Employer within
Employee herein agrees that s/he will not, without the prior written consent of Employer, at any time, within the State of, whether during employment or for a period of years after termination of employment, either by their actions for your behalf or behalf of any other party or company competing or endeavoring to compete with the Employer, either directly or indirectly solicit, attempt to solicit, and/or contact to solicit an employee of the Employer for your benefit or the benefit of any other individual competing with the Employer 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 Employer and Employee. 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.
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 provisions of the Agreement shall be interpreted in accordance with the current laws of the State of Florida.
IN WITNESS WHEAROF, the Employee 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
(Employer/Duly Authorized Representative Signature)
(Employer/Duly Authorized Representative Name)
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