Agreement to Secure Consulting Business for Technical Advisor
Agreement made on the (date), between (Name of Consultant) of (street address, city,
county, state, zip code), referred to herein as Consultant, and (Name of Corporation), a
corporation organized and existing under the laws of the state of (name of state), with
its principal office located at (street address, city, county, state, zip code), referred to
herein as Corporation.
Whereas, Consultant has marketable expertise in the area of (e.g., data center
consolidation planning, technology asset assessment, technology staffing assessment,
enterprise architecture planning and assessment, and/or technology market strategy
Whereas, Corporation has contacts with various businesses and organizations that
need the expertise of a Consultant in the areas described above and has the ability to
market such expertise of Consultant;
Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Corporation shall serve as the exclusive agent of Consultant to negotiate and
secure consulting engagements and short term employment with businesses and
organizations that temporarily need the expertise of Consultant.
2. As Consultant’s exclusive agent, Corporation will:
A. Use all reasonable efforts to obtain consulting engagements and short
term employment for Consultant in Consultant’s area of expertise.
B. Bill and collect all fees from such consulting services. Should any fee be
paid to Consultant directly, Consultant agrees to endorse such payment and
promptly turn it over to Corporation.
C. Pay to Consultant the sum of $___________ for each hour worked by
Consultant that is billed to the business or organization who engaged the
services of Consultant through Corporation. Payments by Corporation to
Consultant will be made on or before the (number) day of each month, provided,
however, no payment shall be due to Consultant from Corporation until all gross
fees billed by Corporation for Consultant’s services for the previous month are
collected by the Corporation.
3. Consultant covenants and agrees to:
A. Conscientiously fulfill all such consulting engagement supplying the
expertise and knowledge of Consultant to the best of his ability.
B. Obey all laws and regulations, both state and federal, that apply to such
services and to perform in accordance with the ethical rules and precepts in
Consultant’s area of expertise.
C. Promptly turn over and refer to Corporation every inquiry or invitation with
reference to all offers for Consultant’s services that Consultant may receive
directly or indirectly.
D. Not enter into any agreement that will conflict with this Agreement nor any
agreement for consulting services except pursuant to this Agreement.
E. Use the services of Corporation exclusively and engage no other person
or company to act for Consultant in the capacity described in this Agreement
4. Consultant shall not, during or after the term of this Agreement, directly or
indirectly, use, disseminate, or disclose to any person, firm, or other business entity for
any purpose whatsoever, any information not generally known in the area of offering
technological consultation in which the parties hereto are or may be hereafter be
engaged which was disclosed to Consultant or became known by Consultant as a
consequence of or through his employment by Corporation pursuant to this Agreement.
This includes information regarding Corporation’s processes, customers, services,
suppliers, and related matters, and also includes information relating to research,
development, inventions, manufacture, purchasing, accounting, and marketing.
5. This Agreement is to commence on the date stated above, and terminate on
(date), unless otherwise renewed as specified in this Agreement. In spite of anything
herein to the contrary in this Agreement, this Agreement shall be automatically renewed
and shall continue in effect from year to year on each succeeding anniversary date
unless either party shall send a written notice of termination to the other, by certified