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Consulting Agreement - Revenue Sharing

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Consulting Agreement - Revenue Sharing Powered By Docstoc
					This Consulting Agreement with a provision for revenue sharing may be used by a
consultant or a business, in situations where both parties are considering entering into a
business relationship. This contract is in column form, and it contains terms and
conditions that are standard for this type of agreement. This form should be used when
the user wishes to enter into a consulting agreement with a consultant with a profit
sharing provision, or if one is a consultant entering into an agreement where there will
be a profit sharing arrangement.
                                           _________________________
                                    CONSULTING AGREEMENT

         This           ___________________                      prior to the expiration of the then existing
Consulting Agreement (this “Agreement”) is                       Term.        Notwithstanding the above,
entered       into     by      and     between                   Company shall have the right to terminate
_______________________________                                  this Agreement, for any reason, at any time
(“Company”),         and     _______________                     upon ____ (__) days’ written notice and
(“Consultant”), as of this __ day of                             Consultant shall have the right to terminate
__________ _______ (the “Effective                               this Agreement, for any reason, at any time
Date”). Each of Company and Consultant is                        upon ____ (__) days’ written notice. In the
sometimes referred to in this Agreement as a                     event of such termination, Consultant shall
“Party,” and together as the “Parties.”                          be paid for any portion of the Services that
         1.      Consulting       Relationship.                  have been performed prior to such
During the term of this Agreement,                               termination.
Consultant will provide consulting services                               5.      Independent Contractor;
(the “Services”) to Company as described in                      Work for Hire. It is the express intention
Exhibit “A” attached to this Agreement.                          of the Parties that Consultant’s relationship
Consultant hereby represents and warrants                        to Company will be that of an independent
to Company that Consultant has the                               contractor and not that of an employee, joint
qualifications, experience, and ability to                       venturer, or partner of Company. Nothing
competently perform the Services.                                in this Agreement shall be interpreted or
         2.      Fees. As consideration for                      construed as creating or establishing the
the Services to be provided by Consultant                        relationship of employer and employee
and Consultant’s other obligations set forth                     between Company and Consultant. Each of
in this Agreement, Company shall pay to                          Company         and     Consultant     hereby
Consultant the amounts specified in Exhibit                      acknowledges and agrees that all
“A” at the times specified therein.                              Consultant’s work product in connection
                                                                 with performing the Services (hereinafter
         3.      Expenses. Consultant shall
                                                                 “Work Product”) will be deemed a
not be authorized to incur on behalf of
                                                                 commissioned “work for hire” owned by
Company any expenses without the prior
                                                                 Company. In the event Consultant’s Work
written consent of Company. As a condition
                                                                 Product is determined not to be a “work for
to receipt of reimbursement, Consultant
                                                                 hire” or in the event such doctrine is not
shall be required to submit to Company
                                                                 effective,     then     Consultant     hereby
reasonable evidence that the amount
                                                                 irrevocably assigns, conveys, and otherwise
involved was expended and related to the
                                                                 transfers to Company, and its respective
Services provided under this Agreement.
                                                                 successors, licensees, and assigns, all right,
         4.      Term and Termination.                           title, and interest worldwide in and to such
Consultant shall serve as a consultant to                        Work Product and all proprietary rights
Company for a term commencing on the                             therein, including, but not limited to, all
Effective Date of this Agreement and                             copyrights, trademarks, design patents, trade
continuing         for     a      period     of                  secret rights, moral rights, and all contract
___________________            (__)      months                  and licensing rights, and all claims and
(hereinafter the “Term”). Thereafter, the                        causes of action with respect to any of the
Term of this Agreement shall automatically                       foregoing, whether now known or hereafter
renew       for     successive    periods    of                  to become known. In the event Consultant
_____________________ (__) months,                               has any right in the Work Product that
unless either Party provides written notice of                   cannot be assigned, Consultant agrees to
its intent not to renew, at least ___ (__) days
© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                            2
                                      _________________________
                                CONSULTING AGREEMENT
waive enforcement worldwide of such right                       organization, and Consultant’s partners,
against Company, its distributors, and its                      agents, and employees, including state
customers or, if necessary, to exclusively                      workers’ compensation insurance coverage
license such right worldwide to Company                         requirements and any U.S. immigration visa
with the right to sublicense through multiple                   requirements. Consultant hereby agrees to
tiers of sublicensees. The rights set forth                     indemnify, defend, and hold Company
above in this Section 5 are assignable by                       harmless from any liability for, or
Company.                                                        assessment of, any claims or penalties with
                (a)      Method of Provision                    respect to such withholding taxes, labor, or
of Services. Consultant shall be solely                         employment requirements, including any
responsible for determining the method,                         liability for, or assessment of, withholding
details, and means of performing the                            taxes imposed on Company by the relevant
Services. Company shall retain the right,                       taxing authorities with respect to any
however, to ensure that the project is being                    compensation paid to Consultant or
performed according to agreed upon                              Consultant’s assistants, partners, agents, or
specifications.                                                 employees.
                (b)      No Authority to                                 6.     Supervision of Consultant’s
Bind Company. Neither Consultant, nor                           Services.      All of the Services
				
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Description: This Consulting Agreement with a provision for revenue sharing may be used by a consultant or a business, in situations where both parties are considering entering into a business relationship.  This contract is in column form, and it contains terms and conditions that are standard for this type of agreement.  This form should be used when the user wishes to enter into a consulting agreement with a consultant with a profit sharing provision, or if one is a consultant entering into an agreement where there will be a profit sharing arrangement.