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Use the Contract Salesperson Agreement when hiring someone to perform sales, marketing and advertising services as an independent contractor.
Document Length: 5 Pages
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Contract Salesperson Agreement
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How to write my Contract Salesperson Agreement document

CONTRACT SALESPERSON AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Salesperson Recitals A. Salesperson desires to provide sales and marketing services on behalf of company name for fee. B. Company desires to have Salesperson render certain sales marketing and advertising services the Services as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Company and Salesperson hereby agree as follows.

1. Engagement of Services. Salesperson agrees to render to Company services in connection with the planning preparing and creation of marketing services for Company as follows. a Provide sales consulting services to Company in the form of an analysis of Companys current products goods or services as it relates to Companys present customers and or target markets. b Develop sales strategies and creative content for Company for approval for use in present and future marketing programs. c Develop Point of Purchase POP displays and merchandising. d Design contract or otherwise arrange for the preparation of creative content advertising campaign management and other related services. e Execute sales advertising and marketing services as agreed upon in Exhibit B. f Provide other services as Company may request from time to time such as content creation assistance to Companys staff and employees market research analysis or additional project consulting.

2. Services. Salesperson agrees to develop and perform the sales advertising and consulting services pursuant to the specifications set forth in Exhibit attached hereto the Services 3. Salesperson Commissions. Salesperson shall earn commission for all sales completed according to the Services and according to the commission and compensation schedule set forth in Exhibit A. Company shall not be responsible for commissions and compensation earned by Salesperson for sales that are later canceled returned revoked made invalid result in chargeback or are otherwise not credited to the Salesperson for any reason. Company reserves the right to deduct commissions and fees paid to Salesperson from future commissions in order to bring incorrect commissions paid to Salesperson into balance. 4. Ownership Rights. a Salesperson shall endeavor to ensure that Company shall be able to retain under the fullest extent under the law all customer lists contracts records and all intellectual property rights in any text images or other components created for Company pursuant to this agreement. b Salesperson agrees that any material content plan or idea prepared by Salesperson or submitted to Company for approval at any stage which is not utilized at the termination of this agreement shall remain the property of Company.

c Upon termination or expiration of Agreement Salesperson agrees to be solely responsible for returning any Company materials process documents customer lists contract lists internal documents or advertisements. Salesperson may not copy or remove these company materials for any reason not related to the performance of his or her duties under this agreement. 5. Non Solicitation and Non Compete. Salesperson agrees not to provide any services or consulting for or enter into any agreement with any company or individual engaged in similar line of business whether they compete directly or indirectly with Company for period of Insert number of years years after the expiration of this agreement. Salesperson warrants that he or she is not currently subject to any agreement which limits prevents or precludes his or her ability to render all of the services listed in Exhibit B. Further Salesperson may not directly or indirectly solicit or influence any Company employee agent vendor or representative for the purpose of leaving the employment or existing relationship established with company name. 6. Confidentiality. Salesperson acknowledges and agrees that the Services and all other documents and information related to the engagement of sales marketing or advertisement development the Confidential Information will constitute valuable trade secrets of Company. Salesperson shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Companys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel displayed or placed prior to the engagement of Salesperson to provide services or information which was provided to Salesperson by Company for publication as requirement of fulfillment of the Services. 7. Limited Warranty and Limitation on Damages. Salesperson agrees to indemnify and hold Company harmless with respect to any claims loss lawsuit liability or judgment suffered by Company that results from the use of any quote estimate proposal or material prepared or execution of service by Salesperson or at the direction of Salesperson which has been materially changed from the Services by any advertisers publishers hosts radio and television broadcasts quotes testimonials print journalism or other third party entity.

Salesperson agrees to obtain and or maintain in force for the length of this agreement at Salespersons expense an appropriate liability policy or policies having minimum limit of amount insurance coverage naming Company as an additional insured and loss payee under such policy or policies as applicable. In the event of any litigation proceeding or suit against Company or in the event of court action challenging any quote estimate proposal promise or advertising or marketing service prepared by Salesperson Salesperson shall assist in the preparation of defense of such action and cooperate with Company. Company acknowledges that Salesperson is not responsible for the results obtained by Company from any sale estimate proposal quote creative advertising programs ideas or execution thereof. Salesperson waives any claim for damages direct or indirect and agrees that his or her sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Salesperson as set forth in Exhibit attached hereto. 8. Independent Contractor. Salesperson will be retained as independent contractor. Salesperson will be fully responsible for payment of his or her own income taxes on all compensation earned under this Agreement. Company will not withhold or pay any income tax social security tax or any other payroll taxes on Salespersons behalf. Salesperson understands that he or she will not be entitled to any fringe benefits that Company provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Resources and Equipment. Company agrees to make available to Salesperson for Salespersons use in performing the services required by this Agreement all sales material sales kits logos graphics photos branding collateral items of hardware and software as Company and Salesperson may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement.

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Company and Salesperson and their respective successors and assigns provided that Salesperson may not assign any of his or her obligations under this Agreement without Companys prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Right to Withhold Content Creative and Services. In the event Company fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Salesperson has the right to withhold further sales activity and consulting creative content and services performed for or on behalf of Company until payment in full is made plus accrued late charges of 2% per month. 10 Indemnification. Salesperson agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the quotes estimates promises warranties proposals services creative or other content including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Salespersons activity or non delivery of products services material supplied by Company copyright infringement and defective products sold via the advertising or services. Further Company agrees to indemnify Salesperson from responsibility for problems disruptions caused by third party services and contractors that Company may use such as fulfillment resources media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the execution by Salesperson of the services outlined in this agreement. 10 Use of Company Marketing Material Services and Creative Content for Promotional Purposes. Company grants Salesperson the right to use the creative content description of services performed results of services and campaign data as he or she sees fit for promotional purposes.

10 No Responsibility for Theft. Salesperson has no responsibility for any third party theft of all or any part of the content ideas or services provided to Company by Salesperson that is not the result of Salespersons negligence. 10. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least days prior written notice. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above.

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name

By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Company Initials Salesperson Initials

Writing the Services Retainer Agreement document (alternate or related contract document)

RETAINER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Engagement of Services. Company agrees to render to Customer professional services as follows. a Insert the type of service to be covered under this retainer here. b Insert the type of service to be covered under this retainer here.

c Insert the type of service to be covered under this retainer here. d Insert the type of service to be covered under this retainer here. In addition to professional services Customer agrees to pay for additional expenses and third party costs incurred for or on behalf of Customer including but not limited to. a Copies shipping courier services printing media costs disks storage etc. b Insert any additional type of expense to be covered under this retainer here. c Insert any additional type of expense to be covered under this retainer here.

2. Billing and Understanding of Rates. Fees are based on the actual time spent on services performed at rate of hourly rate per hour billed in quarter hour 25 increments. Travel Rates shall be billed at hourly rate per hour and Insert the Travel Mileage Rate per mile. Phone conferences shall be billed at actual time when demanded or scheduled ahead of time by customer. Customer acknowledges that all phone or email time spent working on services for Customer shall be subject to the hourly billing rate. Rates are guaranteed for days from the date of this agreement. Rates may be adjusted after this date without prior approval. All estimates of time to complete given task are based on our evaluation of the task the extent of Companys involvement and the complexity of the task to be performed. During the course of working for Customer additional requirements or problems may become evident or additional work may be requested or required. Customer further understands that all estimates are done using the information made available to Company by Customer and that all estimates may be subject to modification at any time. Company shall submit an itemized account of all time spent on particular task and Company shall not exceed Insert Maximum Billing Amount in monthly billing without Customers prior written or unilateral verbal approval. 3. Cancellation. a Should Customer ultimately not engage Company for services Customer agrees to cancellation fee of Insert the Retainer Cancellation Fee to be deducted from the retainer in addition to any expenses or third party costs Company has paid on behalf of Customer.

b Upon termination or expiration of Agreement Customer agrees to be solely responsible for any additional third party fees for any service utilized for or on behalf of Customer by Company. Additional expenses may include but are not limited to. hosting fees licenses translations royalties talent and other associated fees. 4. Retainer. To secure Companys commitment to perform the services listed above Customer agrees to pay Company Insert the Retainer Contract Fee as retainer to be credited against all future services performed. 5. General Provisions. 5 Entire Agreement.

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Company and their respective successors and assigns provided that Company may not assign any of its obligations under this Agreement without Customers prior written consent.

5 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 5 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 5 Right to Withhold Creative Content and Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Company has the right to withhold further creative content and services performed for or on behalf of Customer until payment in full is made plus accrued late charges of 2% per month. 5 Indemnification.

Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the services including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or services. Further Customer agrees to indemnify Company from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the execution of the services outlined in this Agreement by Company. 5 Use of Services and Creative Content for Promotional Purposes. Customer grants Company the right to use the creative content description of services performed results of services and campaign data as it sees fit for promotional purposes. 5 No Responsibility for Theft. Company has no responsibility for any third party taking all or any part of the content ideas or services provided to Customer by Company. 5. 10 Attorneys Fees.

In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 5. 11 Term of Agreement. This Agreement shall begin on current date and shall continue in full force until terminated by either party upon at least thirty days prior written notice. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials

How to write my Exhibit B (Specifications) document (alternate or related contract document)

EXHIBIT B SPECIFICATIONS The project will contain the following components and or services. A. Describe each deliverable to be included in the project per the terms of the contract and proposal

How do you write a Advertising and Marketing Agency Contract document? (alternate or related contract document)

ADVERTISING MARKETING AGENCY AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Agency and company name Customer Recitals A. Agency is in the business of providing marketing and advertising services for fee. B. Customer desires to have Agency render certain marketing and advertising services the Services as set forth in Exhibit B.

C. Agency desires to render certain marketing and advertising services as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Agency hereby agree as follows. 1. Engagement of Services. Agency agrees to render to Customer services in connection with the planning preparing and creation of marketing services for Customer as follows. a Provide consulting services to Customer in the form of an analysis of Customers current products goods or services as it relates to Customers present and or target markets. b Develop advertising ideas and creative content for Customer for approval for use in future marketing programs. c Prepare estimates of costs and expenses associated with idea and content development and present them to Customer for approval. d Design contract or otherwise arrange for the preparation of creative content advertising campaign management and other related services.

e Execute advertising and marketing services as agreed upon in Exhibit B. f Provide proofing services on behalf of Customer in order to check for accuracy completeness adherence to specifications and Customer branding in all forms of contracted advertising that Agency handles on behalf of Customer. g Audit all invoices and expenses provided by third party to ensure accuracy. h Provide other such services as Customer may request from time to time such as content creation assistance to Customers staff and employees market research analysis or additional project consulting. 2. Specifications. Agency agrees to develop the advertising and consulting services pursuant to the specifications set forth in Exhibit attached hereto the Specifications

3. Services Completion. Agency will use reasonable diligence in the development of the Advertising and Marketing Services and endeavor to deliver to Customer all agreed upon specifications or Milestones outlined in Exhibit no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Agency will be retaining all creative source code original works files digital media and other intellectual property for the entire project and providing Customer with the output formats only. Customer shall retain all of its intellectual property rights in any logos graphics text images or other components it owns and transmits to Agency for use in fulfillment or creation of services. 4. Ownership Rights. a Agency shall endeavor to insure that Customer shall be able to retain under the fullest extent under the law any and all intellectual property rights in any text images or other components created for Customer pursuant to this agreement. b Customer agrees that any material content plan or idea prepared by Agency or submitted to Customer for approval at any stage which is not utilized at the termination of this agreement shall remain the property of Agency. Customer agrees to return to Agency any materials it may have of Agency such as artwork mock ups comps text digital media film photos or any other physical embodiment of Agencys creative work performed while under this agreement. c Upon termination or expiration of Agreement Customer agrees to be solely responsible for any additional use of materials and advertisements created by Agency pursuant to this agreement. Additional expenses may include but are not limited to. Fees Licenses Translations Royalties Talent and other associated fees. Agencys obligation in 4. shall not apply with any respect to foreign use. 5. Compensation. For all of Agencys services under this Agreement Customer shall compensate Agency in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Agency have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all materials services and creative content administered by Agency on behalf of Customer bring legal action. 6. Confidentiality.

Customer and Agency acknowledge and agree that the Specifications and all other documents and information related to the engagement of marketing or advertisement development the Confidential Information will constitute valuable trade secrets of Agency. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Agencys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel prior to the engagement of Agency to provide services or information which was provided to Agency by Customer for publication as requirement of fulfillment of the Specifications. 7. Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Agency harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer which results from the use of any material prepared or execution of service by Agency or at the direction of Agency which has been materially changed from the Specifications by any advertisers publishers hosts radio and television broadcasts quotes testimonials print journalism or other third party entity. Agency agrees to obtain and or maintain in force for the length of this agreement at Agencys expense an appropriate liability policy or policies having minimum limit of amount insurance coverage naming Customer as an additional insured and loss payee under such policy or policies as applicable. In the event of any litigation proceeding or suit against Customer by any regulatory agency or in the event of court action challenging any advertising or marketing service prepared by Agency Agency shall assist in the preparation of defense of such action and cooperate with Advertiser. Customer acknowledges that Agency are not responsible for the results obtained by Customer from any creative advertising programs ideas or execution thereof. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Agency as set forth in Exhibit attached hereto. 8. Independent Contractor. Agency will be retained as independent contractors. Agency will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Agencys behalf. Agency understands that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Resources and Equipment.

Customer agrees to make available to Agency for Agencys use in performing the services required by this Agreement all logos graphics photos branding collateral items of hardware and software as Customer and Agency may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 10 Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Agency and their respective successors and assigns provided that Agency may not assign any of his obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Right to Withhold Content Creative and Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Agency has the right to withhold further content creative and services perform for or on behalf of Customer until payment in full is paid plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything it gives Agency to use in fulfillment of services is legally owned or licensed to Customer. Customer agrees to indemnify and hold Agency harmless from any and all claims brought by any third party relating to any aspect of the services creative or other content including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or services. Further customer agrees to indemnify Agency from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the execution of the services outline in this agreement by Agency.

10 Use of Services and Creative Content for Promotional Purposes. Customer grants Agency the right to use the creative content description of services performed results of services and campaign data as it sees fit for promotional purposes. 10 No Responsibility for Theft. Agency has no responsibility for any third party taking all or any part of the content ideas or services provided to Customer by Agency. 10. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least days prior written notice.

Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer.

Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Agency Initials

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The editable Contract Salesperson Agreement template - complete with the actual formatting and layout is available in the retail Contract Packs.
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