This agreement entered into on the ______day of ______, 20 _____, between Aromatic Designer Works Inc. (hereinafter referred to as “The Company”) and ___________________________________________
(Hereinafter referred to as “Agent”) shall remain in effect from this date until terminated by either party.
1. STATEMENT OF EMPLOYMENT
Effective this date, The Company acknowledges Agent as an authorized sales representative for the products and services for The Company. Agent acknowledges that he/she will be viewed as an independent contractor. The Company will not provide retirement or any other benefit customary to employment.
2. DUTIES OF SALES AGENTS
Agent will carry out the customary duties of a sales representative. This includes, but is not limited to solicitation of new clients and conducting marketing/promotional efforts in accordance with guidelines established by The Company.
Agent is financially responsible for creation, reproduction and distribution of all marketing sales materials used to Solicit The Company’s products and services. Agents, who are deemed by The Company to not be actively marketing The Company’s products and services, will lose their authorized agent status and maybe compensated in accordance with the current commission policies for retired agents.
Under no circumstances will an Agent accept payment for services from clients. All administrative and back-office functions, including billing-shall be the sole responsibility of The Company. Agent may be requested to assist in remedying a situation which has caused a clients account to be delinquent.
3. SALES COMMISSION
Company will pay agent who is verified to be the procuring cost of a sale, a royalty/sales commission in accordance with the Agent commission schedule currently in effect. Commissions will be paid on new and prior sales (residual compensation) provide the Agent is an authorized representative in good standing.
4. DURATION OF AGREEMENT. TERMINATION
Agent or The Company may terminate this Agreement by providing 30 days written notification to other party. The Company reserves the right to immediately terminate this agreement if Agent willfully-in the sole opinion of The Company misrepresents the product or its capabilities or otherwise violate established Company policies.
5. RESERVED RIGHTS
The Company reserves the right to solicit orders directly from and sell to any end-users or other buyer within The Territory. Agent’s task is to solicit orders from all potential customers in the Territory.
6. PRICE
The price to be paid by Agent for any Products ordered pursuant to this Agreement shall be set forth in The Company Price Quotations and shall be payable in US Dollars. Prices are exclusive of any and all applicable customs duties, tariffs, value-added, sales and used taxes, as well as any other applicable taxes, fees and government charges, imposed on the sale of The Company Products, excluding, however, any income tax based on The Company’s net income.
7. COMMISSION
The Company shall pay to Agent a sales commission in the amount corresponding to a percent (“Commission Rate”) of the next invoice amount for the product invoiced by Agent to the clients in the Territory.
8. CONFIDENTIALITY
The Agent acknowledges that he/she may have access to The Company’s Confidential and proprietary information. Such Confidential Information may include, without limitation; business and financial information, businesses methods and practices, technology and technological strategies, marketing strategies and other such information as The Company may designate as confidential.
Sales Agent Agrees to not disclose to any other person (unless required by law) or use for personal gain, any confidential Information at anytime.
9. AMMENDMENTS TO THIS AGREEMENT
This agreement is subject to changes and amendments as time progresses without prior notice. We are a fast growing company and we are constantly looking for ways to enhance the experience of our clients and to give our Agents more benefits, commissions, bonuses and perks. You will be given an amended contract to sign from time to time outlining the changes.
10. ADDITIONAL TERMS AND CONDITIONS
• You are required to fill out and return W-9 form.
• You must be eligible to work in The United States Of America.
• You will agree to indemnify and hold Aromatic Designer Works harmless and free from any blame if you fail to disclose the accurate information about your status to work in The United States Of America.
• You also agree to indemnify and hold harmless and blameless for any act of negligence on your behalf that leads to legal recourse.
• You also are terminating your rights to arbitration for any reason that includes but is not limited to Aromatic Designer Works Inc.
• By signing and dating the agreement below you are agreeing to the terms, rules and regulations set forth in this agreement.
State ID:_________________________________
Date: ____________
Print Name:_________________________________
Sign:_________________________________
W9-Form Download