This Sales Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ____________________, Contact Info: Address: _______________________________ Phone: ____________________________ (hereinafter referred to as the “Company”), and ___________________, Contact Info: Address: ______________________________________ Phone: ________________________ (hereinafter referred to as the “Sales Person”).
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 ________ [Days/Weeks/Months/Years], commencing on the Effective Date herein.
- The Sales Person shall be responsible for getting accounts for the Company, and shall receive compensation/commission for the accounts as follows;
- 10% Commission for first $100,000 in revenue for that account
- 7.5% Commission for revenue after $100,000 up until $300,000
- 5% Commission for revenue after $300,000
- All payments must be made within 30 days from when the Company’s clients make payments.
- The Parties understand and acknowledge that the all commissions will be for the life of the accounts, notwithstanding any eventualities including but not limited to termination and/or cancellation of this Agreement.
- RELATIONSHIP BETWEEN THE PARTIES.
The Sales Person shall be retained as an independent contractor. The Sales Person 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 Sales Person‘s behalf during the term of this Agreement.
The Sales Person shall not assign their obligations or subcontract their services without prior written notice and/or consent from the Company. The waiver by either party of any breach or failure to enforce any of the terms 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.
The Parties acknowledge that either Party can cancel this Agreement at any time provided that they issue a ______ Day Written Notice on the same. 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. The Parties agree that the Sales Person shall continue receiving commission even after the Termination and/or cancellation of this Agreement as stated in Clause 2.
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 the State of California, USA. Exclusive jurisdiction and venue shall be in California, 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)
SALES PERSON: ____________ ____________________________________ ___________
(SIGNATURE) (NAME) (DATE)
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