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Employee Performance Bonus Agreement

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This Employee Performance Bonus Agreement is between an employee and a company that wants to give the employee a bonus for the employee’s outstanding work performance. Customize the information of the parties, the bonus amount, bonus payable date, and more. In addition, this agreement contains a confidentiality clause prohibiting the employee from publically disclosing the bonus to other employees. This agreement can be used by small businesses that want to reward outstanding employees with a special, onetime bonus.

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									Employee Performance
Bonus Agreement
This Employee Performance Bonus Agreement is between an employee and a
company that wants to give the employee a bonus for the employee’s outstanding work
performance. Customize the information of the parties, the bonus amount, bonus
payable date, and more. In addition, this agreement contains a confidentiality clause
prohibiting the employee from publically disclosing the bonus to other employees. This
agreement can be used by small businesses that want to reward outstanding
employees with a special, onetime bonus.
                EMPLOYEE PERFORMANCE BONUS AGREEMENT

THIS EMPLOYEE PERFORMANCE BONUS AGREEMENT (hereinafter referred to as the
“Agreement”) is made and entered into as of __________________, [Instructions: Insert the
date of this agreement] (hereinafter referred to as the “Effective Date”) by and between
________________________ [Instructions: Insert the Employee’s name] (hereinafter referred
to as the “Employee”), of _________________________________ [Instructions: Insert the
Employee’s address] and ________________________ [Instructions: Insert the Company’s
name] (hereinafter referred to as the “Company”), of _________________________________.
[Instructions: Insert the Company’s address]

                                                     RECITALS

WHEREAS, Employee was first employed by Company on __________________
[Instructions: Insert the Employee’s hire date] (hereinafter referred to as the “Hire Date”) and
is presently working in the position of ________________________ [Instructions: Insert the
Employee’s title or position] for the Company;

WHEREAS, Company desires to reward Employee for Employee’s superb and outstanding
work performance;

WHEREAS, Company desires to provide a special one-time bonus (hereinafter referred to as the
“Bonus”) to Employee in consideration for such outstanding work performance;

NOW THEREFORE, the parties herby agree that Company shall pay to Employee said Bonus
on the terms and conditions set forth below.

                                                       TERMS

1.       DEADLINE FOR ACCEPTANCE OF THIS OFFER

In order to accept the offer set forth herein, Employee must sign and return this Agreement to
________________________ [Instructions: Insert the name of the person that Employee
must return this agreement to] not later than _________________. [Instructions: Insert the
date that will be used as the deadline for Employee to accept this bonus]

2.       REQUIREMENTS FOR RECEIVING BONUS

Company shall hereby pay Employee a Bonus in the amount of _____________ Dollars
($_____). [Instructions: Insert the bonus amount] The Bonus shall be paid as follows:
______________________________________________________________________________
______________________________________________________________________________
[Instructions: Insert how and when the Bonus payment will be made. For example, 50% at
the time of execution of this agreement and the balance within a set period of time
following execution]

3. FORFEITURE OR REPAYMENT OF BONUS


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The Bonus is being paid to Employee by Company strictly for Employee’s benefit.
Notwithstanding the foregoing, Employee shall be liable to return the Bonus in the event
Employee resigns from Company or Employee’s employment is terminated for cause for any
reason whatsoever during the ________________________ [Instructions: Insert the length of
time after the execution of this agreement that Employee must work for Company to fully
retain the bonus. e.g. “6 months” or “2 years”] period following the Effective Date, in which
case Company shall be entitled to offset [Instructions: Choose one:] partially/fully and deduct
the amount of the Bonus from the final payroll check to be payable to Employee.

4. EFFECT OF BONUS ON OTHER BENEFITS

The payment of any Bonus will not alter the amount of any regular wage payments Employee is
entitled to receive in the course of employment with Company. For purposes of clarification and
without limiting the preceding sentence, the Bonus shall not be considered in computation of
Employee’s “Base Salary” (as defined in the Employment Agreement), Employee’s severance
payment (if any and applicable) and, more generally, in the determination of payments, if any,
Employee may be entitled to pursuant to the terms of the Employment Agreement.

5. CONFIDENTIALITY

Employee is required to keep confidential and may not discuss with anyone, particularly to other
Company employees, (other than Employee’s spouse, provided they also keep confidential, or as
may      be     required      by      law     or     court     order)    the      fact      that
Employee has been offered a Bonus, or any other provisions of this Agreement, unless Employee
receives prior written consent from Company. If Employee violates this confidentiality
requirement, Employee will not receive any portion of the Bonus, which has not been paid to
Employee and Employee may be subject to additional action by Company, including a request
for reimbursement of any portion of the Bonus previously paid.

6. OFFSET OF AMOUNTS OWED; WITHHOLDING

Company shall be entitled to deduct or withhold from any Bonus payment made to Employee
any federal, state, local, or foreign taxes imposed with respect to Employee’s compensation or
other payments from Company or any of its affiliates.

7. NO CHANGE IN LEGAL EMPLOYMENT STATUS

This Agreement and the payment of the Bonus are not a contract or guarantee of employment
with Company, and they are not intended to change in any way Employee’s status as an at-will
Employee subject to all applicable terms and conditions thereof.

8. NO RIGHT TO ASSIGN

Employee may not sell or assign Employee’s right to receive the Bonus or pledge it as security
for a loan or otherwise, and Employee’s creditors cannot garnish, attach, or levy on same prior to
its payment.

9. SUCCESSORS


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This Agreement is binding on Company and any direct corporate successor to Company or its
business, and on Employee’s estate, personal representative, guardian, or any other person acting
in Employee’s interest.

10. GOVERNING LAW/DISPUTE RESOLUTION

This Agreement shall be governed by and interpreted under the laws of the State of
________________________. [Instructions: Insert the state’s laws that will govern this
agreement] Each of the Parties in any suit, action, or proceeding arising out of or relating to this
Agreement, irrevocably: (i) submits to the jurisdiction of the courts of the State of
________________________ [Instructions: Insert the state’s courts that disputes under this
agreement will be heard in] (ii) waives, to the fullest extent enforceable under applicable law,
any objection it may now or hereafter have to the above venue and any claim that any such suit,
action, or proceeding brought in such court has been brought in an inconvenient forum, (iii)
waives, to the fullest extent enforceable under applicable law, any objection it may now or
hereafter have to the above-mentioned court having jurisdiction over the Parties hereto and the
subject matter of this Agreement, and (iv) acknowledges that a final judgment in any such suit,
action, or proceeding brought in such court, after all appropriate appeals, shall be conclusive and
binding upon it. In any suit regarding the Agreement, the prevailing party shall be entitled to
recover its reasonable attorneys’ fees and costs.

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties concerning the terms of the
Bonus for Employee’s outstanding performance with the Company.

12. NOTICES

Notices/Statements/Consents shall be sent to the address provided in the first paragraph of this
Agreement, or to any other addresses the parties designate by notice.

IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the
date written below each name.


EMPLOYEE                                                     COMPANY


                                                             Authorized Signatory

Date                                                         Date
Signed                                                       Signed




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