Independent Sales Representative Agreement
NOTE: Once you start receiving Sales Commissions, you will be required to submit your Social Security Number to VaniTEES, for your 1099- MISC tax document.
This Independent Contractor Agreement (this "Agreement") is made effective
upon the acceptance and acknowledgement of the Contractor and,
by and between VaniTEES, LLC (the "Company"), and the "Contractor". In this Agreement, the party who is contracting to receive the services shall be referred to as "Company", and the party who will be providing the services shall be referred to as "Contractor".
1. DESCRIPTION OF SERVICES.
Contractor will provide the Sale of Rhinestone Merchandise. Company will provide Rhinestone merchandise within 7 to 10 business days, upon the receipt of cleared payment in full, via the U.S. Postal Service.
2. PAYMENT FOR SERVICES.
After an initial $100 sales goal has been fulfilled, the Contractor will have the opportunity to receive their 30% sales commission immediately upon the sale of the merchandise via their Customer's payment. The balance of the sale will be remitted to the Company for fulfillment of the sale. As an option, the Company can pay compensation to Contractor for their sales, when the Commission is not collected upfront by the Contractor. In which case, Payment can be made as follows:
via Check, Cash, Money Order, Credit Card or via the Bank of America "Send Money" electronic funds transfer.
This Agreement may be terminated by either party upon 3 days written notice to the other party.
4. RELATIONSHIP OF PARTIES.
It is understood by the parties that Contractor is an independent contractor with respect to Company, and not an employee of the Company. Company will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
5. WORK PRODUCT OWNERSHIP.
Any works, ideas, discoveries, inventions, products, or other information, whether or not copyrightable or patentable (collectively, the "Work Product") developed in whole or in part by the Contractor in connection with the Services shall be the exclusive property of the Company. Upon request, Contractor shall sign all documents necessary to confirm or perfect the exclusive ownership of the Company to the Work Product.
OWNERSHIP OF SOCIAL MEDIA CONTACTS.
Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of Company are the property of the Contractor.
Contractor may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the Company. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Company, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Company, and any and all trade secrets, customer lists, or pricing information of the Company. Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
8. NO CONFLICTS.
Contractor hereby represents and warrants to Company that its execution and performance of this Agreement does not and will not breach any other agreement and does not require the consent of any other person or entity.
9. ENTIRE AGREEMENT.
This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
10. WAIVER OF BREACH.
The waiver by Company of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. APPLICABLE LAW.
This Agreement shall be governed by the laws of the State of District of Columbia.
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