PRODUCT MANAGER AGREEMENT.
This Product Manager Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Moroccan By Z LLC, Contact Info: _________________________ (hereinafter referred to as the “Company”), and __________, Contact Info: ___________, (herein referred to as the “Product Manager-PM”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period of One Year commencing on the Effective Date herein, contract renewal shall be in writing by both Parties.
- The Company is hiring the PM to perform different obligations including but not limited to research and list products, contact suppliers, manage inventories, conduct marketing, handle support, and manage all communications with third parties related to the product. This obligations shall be done through a User ID and an email to an account provided by the Company.
- The PM shall not in any way and under any circumstances interfere with other project manager’s products as assigned by the Company.
- The Company shall pay the PM 50% of the net profit from the products the PM brings the Company, payments made quarterly to the PM’s bank account as listed in this Agreement. PM’s Bank Account details: _______________________________________________.
- The PM acknowledges and understands that they shall not receive any payments if the products they introduce fail to be profitable for the Company. Note that the PM’s product referral shall only be considered profitable if the revenue it produces covers all the costs incurred to see it on Amazon.com.
- LIABILITY AND INDEMNITY.
The Company shall not, during the term of this Agreement and/or upon the termination/cancellation thereof, be held responsible for any illegal activities or illegal conduct of the PM they commit while performing their obligations under this Agreement. The PM shall be held solely responsible for any and all legal implications thereof. The PM shall defend and indemnify the Company against any and all legal claims related to their legal conducts and/or activities.
- INTELLECTUAL PROPRIETARY RIGHTS.
The Company owns all and any copyright and intellectual proprietary rights to the current registered Company’s logo and name, and any future logos as may be required for the Company to sell products on Amazon.com. The PM understands that their association and work with the Company shall not in any way or under any circumstance transfer any real or fictitious intellectual proprietary rights to them to use as their own.
- 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.
- FORCE MAJEURE.
The failure on the part of the PM to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The PM shall inform the Company of such inconveniences promptly so that the Company can mitigate the circumstances.
- WAIVER AND ASSIGNMENT.
- The waiver by either Party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall NOT in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- No Party shall assign its rights or obligations under this Agreement without prior Notice or consent by the other Party.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a mediation and/or an arbitration process.
- The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ____ Day Written Notice on the same. The Company shall ensure to pay the PM any pending payments for any and all profitable referrals before this Agreement is considered terminated/cancelled. The PM acknowledges and understands that upon termination/cancellation of this Agreement, they shall not receive any more payments from there henceforth.
- The Company may without notice terminate/cancel this Agreement in the event that the PM violates any of the terms stated herein, which includes but is not limited to;
- The failure of the PM to introduce and/or sell a single product during the first Six Months from the Effective Date herein.
- The PM abuses the Company’s resources.
- The PM engages in any illegal activity in the name of the Company and/or by conducting illegal activities while impersonating the Company and/or the Company’s label or brand.
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/JURISDICTION.
The Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, USA. Exclusive jurisdiction and venue shall be in New Jersey, USA.
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)
PROJECT MANAGER: _____________ _________________________ __________
(SIGNATURE) (NAME) (DATE)
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