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This is a sample agreement where a company hires an employment recruiting firm to solicit an employee or an independent contractor. Payment to the recruiter is on a contingency fee basis, payable only if a candidate introduced by the recruiter is hired by the employer. The form is pro-employer oriented.
Form: Recruiter Agreement (Contingency Fee Payment) Explanation: This is a sample agreement where a company hires an employment recruiting firm to solicit an employee or an independent contractor. Payment to the recruiter is on a contingency fee basis, payable only if a candidate introduced by the recruiter is hired by the employer. The form is pro-employer oriented. Form 6.33 RECRUITER AGREEMENT (Contingency Fee) This agreement (the "Agreement") is by and between ________________, a _____________ corporation (hereinafter "Client"), and the undersigned recruiter (hereinafter the "Recruiter"). 1. SERVICES. Recruiter will submit names and resumes of qualified candidates (“Candidates”) for the position with the skills and/or educational background described in Exhibit A of this Agreement. Recruiter understands that the Client engages Recruiter on a nonexclusive basis and client may be simultaneously engaging other recruiters. 2. PAYMENT AND INVOICING TERMS. 2.1 Payment (a) Contingency Fees. If Recruiter presents a Candidate previously not known by Client, and said Candidate is hired by Client as a full time employee for the position set forth in Section 1 within 6 months after the introduction, Recruiter shall be entitled to a contingency fee as provided below. (b) Amount of Payment. Recruiter’s contingency fee will be equal to __% of the total scheduled Candidate base salary (not including bonus or benefits) for the first year in Client’s employ. (c) Invoicing. Invoices will be submitted when and if a Candidate accepts a written offer of employment by Client. Payment is due 60 days after the date the Candidate begins employment with Client, so long as Candidate has remained as an employee for such 60 day period. (d) Replacement Candidate. Recruiter will provide a free replacement Candidate for the position set forth in Section 1 (or an alternative position designated by the Client) should the Candidate leave Client’s employ within his or her first year of employment with Client. 3. CONFIDENTIALITY AND OWNERSHIP. materials belonging to, used by, or in the possession of the Client relating to its products, processes, services, technology, inventions, patents, ideas, contracts, financial information, developments, business strategies, pricing, current and prospective customers, marketing plans, and trade secrets of every kind and character, but shall not include (a) information that was already within the public domain at the time the information is acquired by Recruiter, or (b) information that subsequently becomes public through no act or omission of the Recruiter. Recruiter agrees that all of the confidential information is and shall continue to be the exclusive property of the Client, whether or not prepared in whole or in part by Recruiter and whether or not disclosed to or entrusted to Recruiter's custody. Recruiter agrees that Recruiter shall not, at any time following the execution of this Agreement, use or disclose in any manner any confidential information of the Client, other than to Candidates as agreed to in writing by the Client. 2.1 Ownership. To the extent any inventions, technologies, reports, memoranda, studies, writings, articles, plans, designs, specifications, exhibits, software code, or other materials prepared by a Candidate or by Recruiter, regardless of whether the Candidate is retained by Client on a temporary basis or has been employed by Client, in the performance of services under this Agreement, include material subject to copyright protection, such materials have been specially commissioned by the Client and they shall be deemed "work for hire" as such term is defined under U.S. copyright law. To the extent any such materials do not qualify as "work for hire" under applicable law, and to the extent they include material subject to copyright, patent, trade secret, or other proprietary rights protection, Recruiter on its behalf and on behalf of the Candidate hereby irrevocably and exclusively assigns to the Client, its successors, and assigns, all right, title, and interest in and to all such materials. To the extent any of Candidate’s rights in the same, including without limitation any moral rights, are not subject to assignment hereunder, Recruiter on its behalf or on behalf of the Candidate hereby irrevocably and unconditionally waives all enforcement of such rights. Recruiter shall execute and deliver such instruments and take such other actions as may be required to carry out and confirm the assignments contemplated by this paragraph and the remainder of this Agreement. All documents, magnetically or optically enco
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