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South Dakota Commission Agreement with Indemnity Provision

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South Dakota Commission Agreement with Indemnity Provision Powered By Docstoc
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                             This is an agreement between two parties where one party sells, distributes or advertises
                                                                   s
                             goods or services on the other party� behalf. Upon the sale of the goods or services, the
                             party whom sold, distributed or advertised the goods, receives a share of the profits based
                             on a percentage. This particular agreement contains an indemnity clause whereby both
                             parties agree to hold each other harmless for any act that results in liability. This document
                             should be used by small businesses and other entities located in South Dakota who want to
                             pay agents on a commission basis while protecting each other with an indemnity clause.
             ®




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             COMMISSION AGREEMENT WITH INDEMNITY PROVISION

THIS COMMISSION AGREEMENT (hereinafter called “Agreement”) is made as of ____
[Month] ____ [Date], 20____, by and between ______________________ [Instruction: Insert
the     name      of    company]    (“Company”),    with   its    principal    offices   at
___________________________________________ [Instruction: Insert the address of
company], and ___________________ [Instruction: Insert the name of agent] (“Agent”), with
its principal offices at _______________________________________________ [Instruction:
Insert the address of agent], (hereinafter referred to as “Party”, or, collectively, as the
“Parties”).

WHEREAS, Company is engaged in the business of marketing and sale of certain products
and/or services; and

WHEREAS, Agent desires to sell Company's such products and/or services in accordance with
the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein
contained, the Parties hereto agree as follows:

1. Employment: [Instruction: Choose any one clause below] Company hereby appoints
   Agent as an authorized _________________, [Instruction: Choose the appropriate:
   exclusive or non- exclusive] independent representative to sell and promote, products and/or
   services provided by Company which are specified in Exhibit A (hereinafter referred to as
   “Services”), in the territories described in Exhibit A (hereinafter referred to as “Territory”).
   [Comment: Use this clause if you wish to appoint the Agent for selling and promoting
   specific goods.]

                                                   Or

   The Company appoints the Agent as its _________________ [Instruction: Choose the
   appropriate exclusive or non- exclusive] independent representative for the following
   purposes:

   ___________________________________________________________________________
   ___________________________________________________________________________
   ___________________________________________________________________________
   __________________________________________________________________________.
   [Comment: Use this clause if you wish to appoint the Agent to perform some specific
   duties.]

2. Independent Contractor: This Agreement shall not render Agent an employee, partner, or
   joint venturer with Company for any purpose. Agent is and will remain an independent
   contractor in his or her relationship with Company. Company shall not be responsible for
   withholding taxes with respect to Agent's compensation hereunder. Agent shall have no
   claim against Company hereunder or otherwise for vacation pay, sick leave, retirement




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   benefits, social security, worker's compensation, health or disability benefits, unemployment
   insurance benefits, or employee benefits of any kind.

3. Commission: For Agent's services, the Company shall pay Agent the following commission
   percentage: _______ (___ %) [Instruction: Insert the commission percentage, e.g., six (◊
   6%)] of Age
				
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Description: This is an agreement between two parties where one party sells, distributes or advertises goods or services on the other party�s behalf. Upon the sale of the goods or services, the party whom sold, distributed or advertised the goods, receives a share of the profits based on a percentage. This particular agreement contains an indemnity clause whereby both parties agree to hold each other harmless for any act that results in liability. This document should be used by small businesses and other entities located in South Dakota who want to pay agents on a commission basis while protecting each other with an indemnity clause.
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