Sales Agent Associate Agreement by jeffafro

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									Sales Agent Associate Agreement
This Associate Agreement (the "Agreement") made this _____ day of ______________, 2009 by and between _________________________ (Associate), and Company, LLC. Associate will have the ability to market and complete sales on behalf of Company THEREFORE, in consideration of the premises and the mutual covenants and agreement contained herein, the parties agree as follows: 1. RELATIONSHIP AND TERM

1.1 Consent. Company hereby consents to the Associate, the subcontracting of marketing and sales closure. 1.2 Representation. Associate shall represent themselves as a direct representative of Company 1.3 Term. Provided no event of default exists which would permit Company or Associate to terminate, this Agreement shall remain in full force and effect for a period ending of one year. Agreement will be processed for continuation at that time. Upon the expiration or termination, for any reasons whatsoever, of the Agreement, this Agreement shall terminate and be of no further force and effect, except of the obligations of Company set out in Articles below within this Agreement. 1.4 Customer Information. Associate acknowledges that the identity of Customers purchasing services, and any information related to such Customers is proprietary to Company and/or it’s Customers and shall be maintained as confidential by Associate. Further, Associate agrees that they will not offer any competing product or service to Company customers referred under this agreement, without the approval of Company This paragraph in no way limits Associate’s ability to sell to Company customers who have not been referred to Associate, but however, through normal marketing, Associate has offered services directly to these customers. 1.5 Independent Contractor. The Associate expressly acknowledges that he/she will be acting as an independent contractor and not as an employee. Nothing contained herein shall be construed so as to create a partnership or joint venture and neither party shall be liable for the debts or obligations of the other. Company shall not exercise over the Associate's business.

2.

COMPENSATION

2.1 Associate Compensation (Active Involvement in the Sale). During the term of this Agreement, the compensation payable to an Associate under this Agreement (the “commission”) shall be set as follows: (1) 15% of the profit from website construction and add-on services if the client is referred to Company (2) 30% of the profit from website construction and add-on services if Associate completes the transaction to the point at which the project begins. This includes, but is not limited to, gathering project requirements, selling, quoting the project, obtaining a required signature, and submitting the required
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signature to Company 2.5 Payment of Commissions. Any “commissions” due Associate; will be paid on or about the 15th and the 30th of the month following customer payment of invoice. Payments due will be made to address noted below in the signature section unless otherwise specified in writing. TERMINATION Termination without Cause. Either the Company or the Associate may terminate this Agreement at any time without cause upon thirty- (30) day’s prior written notice to the other party. 4. RIGHTS AND OBLIGATIONS UPON TERMINATION OR EXPIRATION 3.

4.1 Obligations of Company. Upon termination of this Agreement for any reason, Company shall be obligated to pay Associate for any fees due for jobs completed or in progress, which were presented, to the Company under this agreement. 4.2 Equitable Relief. Associate acknowledges and agrees that both Company and Associate shall have the right to obtain injunctive and other appropriate equitable relief in the event of any breach or default by Company or Associate of its obligations under this Agreement. 5. LIMITATIONS OF LIABILITY

6.1 Non-Liability of Company or Associate. Company shall in no event be liable to Associate, nor Associate liable to Company, for special, indirect or consequential damages of any kind, whether as a result of a loss by either party of present or prospective profits, anticipated sales, expenditures, investments, commitments with this Agreement, or on account of any other reason or cause whatsoever. 6. NON-DISCLOSURE/ NON-COMPETE

6 .1 Agreement Not To Disclose Strategic Information. In consideration for receiving the commissions, Associate agrees not to disclose in any way to any competitor of Company, or to any person engaged in a business similar to Company, any information relative to any aspect of Company' business during the term of this agreement and for a period of one (10) years following the termination of this agreement for any reason. Associate further acknowledges and agrees that all such trade secrets and all such discoveries and inventions are and shall be the sole and exclusive property of Company. 6 .2 Agreement Not to Compete. In consideration for receiving commissions, Associate agrees not to in any way, directly or indirectly, solicit specific projects brought to Company under this agreement with competitive products and/or services, which have been or are now being provided by Company for the duration of that specific project. IN WITNESS HEREOF, the parties hereto have executed this Agreement or caused their duly authorized corporate offices to execute this Agreement as of date first written above. Note that this agreement must be signed by an officer of Company to be valid. ASSOCIATE:
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Address: _______________________________________________ City, State, Zip: __________________________________________ By (signature): ____________________________________________ Name:______________________________________
Title: _______________________________________ Date:_________

Company: Company Address Here By: __________________________________________ Name/title: Date:_________

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