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MEDICAL REPRESENTATIVE EMPLOYMENT CONTRACT

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MEDICAL REPRESENTATIVE EMPLOYMENT CONTRACT Powered By Docstoc
					MARKETING AGREEMENT THIS is a MARKETING REPRESENTATIVE EMPLOYEMENT CONTRACT, made and entered into on this day of , 2009, by and between Mortgage Loan Litigators, LLP, located at 2030 Main Street, Suite 1300, Irvine, CA 92614 (the “Firm”) and located at (the “Marketing Representative”).
WHEREAS, the Firm is in the business of consultation and assistance for property owners pertaining to mortgages. WHEREAS, it is the desire and intent of the Marketing Representative to market the Firms Services, and it is the desire and intent of the Firm to have the Marketing Representative market the Services, as hereinafter set forth. NOW THEREFORE, that for and in consideration of the mutual promises and agreements as hereinafter set forth, and other good and valuable consideration, the receipts and sufficiency of which is hereby acknowledged, the Marketing Representative shall be employed on a commission basis to market the Services as hereinafter provided. 1) Marketing of Services. The Marketing Representative shall have the nonexclusive right to market the Firms Services at such prices and upon such terms and conditions, as the Firm shall establish from time to time. The Marketing Representative acknowledges and agrees that the Firm is not granting it an exclusive territory or right to market the Service, and that the Firm may designate specific territories for the Marketing Representative, from time to time. 2) The Marketing Representative shall solicit Clients to secure sales of the services. The Marketing Representative shall present all orders or referrals it obtains for the Clients to the Firm for acceptance, which acceptance may be withheld in the sole and absolute discretion of the Firm. The Marketing Representative shall present to the Clients only those contracts, prices, and fees, services charges and terms that the Firm shall authorize. The Marketing Representative shall transmit to the Firm all contracts, forms and payments that it may receive, within 24 hours of its receipt. 3) Compliance with Policies. The Marketing Representative shall comply with the policies and standards as may be established by the Firm from time to time. The following are two policies the Marketing Representative must follow:

A) The Marketing representative shall not violate City, County, State or Federal Law in the performance of marketing for the firm. B) The Marketing representative shall not make any promises or statement of form or performance on behalf of the firm to a prospective client.
4) Expenses. The Marketing Representative shall pay all costs and expenses which it incurs while performing its obligations pursuant to this Agreement, with the exception of those expenses which the Firm may specifically authorize in writing. 5) Commissions. The Marketing Representative shall be paid a commission (the “Commission”) on the sales of the Services to the Clients for which the Marketing Representative presents a signed contract to the Firm for acceptance, and for which the Firm does in fact accept. The amount and terms of payment of the Commission are more particularly set forth on the Schedule(s), attached hereto and made a part thereof by this reference. The Firm shall have no obligation to pay the commission to the Marketing Representative, if the contract obtained by the Marketing Representative is canceled by the payer, or if a The Client requests a refund. 6) The Commission shall be deemed earned by the Marketing Representative when the Firm has received payment for the Service(s). Commission paid to the Marketing Representative not earned shall be immediately returned to the Firm, or charged back to the Marketing Representative if such funds are available. In the event Commission or incentive is structured that additional commission is paid for attaining certain sales levels or dollar levels, such commission shall be considered as earned commission and shall be recovered as a charge back to the Marketing Representative, when a contract is canceled; if payment is not received by the Firm. The Firm retains the right to amend the commission structure, as set forth in the attached schedules, from time to time. The Marketing Representative retains the right to receive commissions as stated in attached Schedule(s), heretofore attached and made a part hereof by this reference, until such amended commissions structure is received and acknowledged by the Marketing Representative. If the Marketing Representative does not accept the amended commission structure, the Marketing Representative may give immediate notice of intention to “quit” the Firm.
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7) Employment at Will. This Agreement, if terminated, the Marketing Representative shall be entitled to all commissions that the Marketing Representative would have otherwise been entitled to for all contracts accepted by the Firm, up to and including the date of their termination. 8) Termination with Cause. Either party may terminate this Agreement, immediately, with cause. In the event the Firm terminates the Marketing Representative for the cause of failing to abide by the published guidelines as set forth by the Firm, the Marketing Representative shall forfeit all Commissions due and owing to the Marketing Representative. 9) Binding of the Firm. The Marketing Representative acknowledges and agrees that he or she is in fact an employee only during the time he or she is marketing the Services, and has no authority to bind the Firm, and it will indemnify and hold harmless the Firm for any lawsuit or proceeding which results from allegations or representations of the Marketing Representative purporting to bind the Firm, which the Firm has not so authorized. 10) Non-Compete. The Marketing Representative agrees that while associated with and representing the Firm as a Marketing Representative, that the Marketing Representative shall not directly or indirectly act or perform sales of a similar or related type, form or performance with another Firm, company, individual or entity in the same, related or comparable business during the term of his/her contact with the Firm. 11) Employment Time: the Marketing Representative agrees that he or she is employed as a the Marketing Representative during the time he or she is discussing Services with potential Clients, handing out literature making phone or fax calls on behalf of the Firm. The Marketing Representative agrees that he or she is not employed by the Firm when he or she is driving a car other than a vehicle owned by the Firm, driving to an appointment to market Services for the Firm, or during the hours he or she is employed for another company. 12) Causes for Immediate Termination of Employment. The Marketing Representative understands that the following actions by the Marketing Representative constitute a prima fascia termination of this agreement, whether or not the Firm is aware of the such actions; a) attempt to violate any Federal, State or Local Law while employed by the Firm, attempt to violate any Law, Regulation or Policy, offer to pay, attempt to pay or paying a kickback or inducement to any person or persons to refer a Client to the Firm, or a violation of Client confidentiality. Termination of employment is effective when any of the above actions are taken by the Marketing Representative.

CONFIDENTIALITY
13) The Marketing Representative understands and acknowledges that by virtue of entering into this Agreement and providing sales on behalf of the Firm has developed and continues to develop and use commercially valuable proprietary technical and non-technical information which is vital to the success of the Firm’s business (“Confidential Information”). This Confidential Information includes, but is not limited to the Firm’s software; its computer technology; sales educational material; sales material; marketing information; promotional material & information; client lists; its relationships with Clients or prospective Clients; its pricing information and strategies of the Firm. In performing its obligations under this Agreement, the Marketing Representative acknowledges that it is essential that this Confidential Information must be protected. 14) The Marketing Representative acknowledges and agrees that any information which it develops and communicates to the Firm during the course of it’s performance under this Agreement, for use in servicing Clients of the Firm, including but not limited to, pricing information and the names and addresses of the Firm’s Clients, clients, referral sources, vendors, and personnel, is likewise Confidential Information, and that the Firm will seek remedy in the form of monetary damages should the Marketing Representative breech the confidentiality of said information. 15) The Marketing Representative recognizes and agrees that the Firm would be irreparably injured by the unauthorized remedy in the form of monetary damages. The Marketing Representative agrees to be responsible for whatever amounts the Firm estimates as damages from the Marketing Representatives actions. 16) The Marketing Representative expressly agrees that from the date of `this Agreement it will not disclose any of the Firm’s confidential information without the Firm’s prior written consent. The Marketing Representative agrees that, upon expiration or termination of this Agreement for any reason, the Marketing Representative shall forthwith return all company issued material, forms, Services, literature and any other Confidential Information that is in written form (together with all copies or duplicates thereof), and shall not retain or furnish such Confidential Information to any third party, whether by samples, facsimile, verbal communication or otherwise.

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17) The Marketing Representative acknowledges and agrees that the Firm’s remedy in the form of monetary damages for any breach of the provisions of this confidentiality agreement may be inadequate, and that in such circumstances the Firm shall be entitled to seek appropriate injunctive relief in any court of competent jurisdiction, notwithstanding the provisions of Paragraph 15 hereof. 18) Any notice to be given to either party pursuant to this Agreement shall be deemed duly given, within three (3) days of the posting via first class mail postage prepaid or upon receipt via hand delivery, telegram, or certified mail return receipt requested to the following address: IF TO THE FIRM Mortgage Litigators 46911 308th Street Burbank, South Dakota 57010 IF TO THE MARKETING REPRESENTATIVE

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19) This Agreement may not be modified or amended except in writing, and signed by the Firm and the Marketing Representative. 20) Entire Agreement. This Agreement contains the entire agreement between the parties. There are no promises, agreements, condition, undertaking, warranties, representations, and written or oral, express or implied, between the parties, other than as set forth herein. 21) The parties hereto agree that this Agreement has been duly negotiated between the parties, and the event of an ambiguity, the ambiguity shall not be construed as an operation of law, against either party. Ambiguity shall be resolved by determining the intent of the parties at the time of contracting. 22) This Agreement shall be governed and construed in accordance with the law of the State of California and shall be adjudicated in San Diego, California. 23) Both parties understand that a copy of this contract transmitted via facsimile or email shall be a binding document.

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I have read, understood and agree to this entire four page contract; The Firm By: ______________________________________________Date:______________

The Marketing Representative By: ___________________________________________Date:_____________

Title: Print Name: Social Security #: Federal Tax #: Telephone #: ( Fax #: ( ) ) )

Message Center #: (

Witness the following signatures, the day and the date herein above written.

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Schedule A Initial Commission will be ________ % of the gross receipts paid on contracts generated by

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