INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT made effective as of the _____ day of ______________,______________________________________________________ _.
BETWEEN:
1) TYFS TECHNOLOGY CO., LTD, doing business under the name EventleadsPro, (“the Company”)
- and -
[INDEPENDENT SALES REP]
(the “Representative”)
In consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows:
- Appointment of Representative
The Company appoints the Representative as its [non-exclusive] representative for the purpose of selling the Company’s services and products to potential local merchants within the agreed-upon territory or market segment. The Representative is allowed to use their affiliate link on their portal and refer potential customers to the Company. By participating in the Program, Representative agrees to use the Program in the manner specified in, and are bound by, these clauses. If you do not agree to these clauses in their entirety you are not authorized to register as a Representative or participate in the Program in any manner.
2. Independent Contractor
The Representative is and will remain an independent contractor in his/her relationship to the Company, and nothing contained in this Agreement shall render the Representative an employee, partner, or joint venturer with the Company for any purpose whatsoever. The Representative shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, any expenses, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. In no event shall the Company be liable for any indirect, consequential, or special damages arising out of or in connection with the Program, including but not limited to lost profits or loss of business opportunities.
3. Remittances
The Representative shall be responsible for paying and remitting any and all income taxes, pension plan contributions, employment insurance premiums, worker’s compensation premiums, health taxes, sales taxes or other government remittances of any kind charged or chargeable with respect to the compensation paid to the Representative hereunder, and shall indemnify the Company and its officers, directors and shareholders against any claims arising from any failure on the Representative’s part to do so.
4. Duties of Representative
The Representative shall be responsible for performing the following duties:
(a) Meet sales quota target deals goal per month. These quotas are established at the sole discretion of the Company, as outlined in this Agreement.
(b) To achieve monthly sales target
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Local Deals
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First Month
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Second Month
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Third Month
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4 Deals
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8 Deals
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9 Deals
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(c) You will generate new business opportunities through both inbound and outbound methods to engage, consult,
and close local deals within the agreed-upon territory or market segment.
(d) To maintain the local merchants, to provide excellent customer service and support to ensure local merchants satisfaction including product training and guidance to ensure local merchants can effectively set up and utilize the Company’s services and products.
(e) The Representative agrees to use the Company-provided and approved documentation and tools for recording, submitting, and tracking sales and opportunities. This includes the use of the Company CRM and other systems as necessary.
(f) The Representative should regularly report, but no less than twice a week during the Term, on the progress of completing of tasks.
5. No Authority to Bind Company
Representative shall have no authority to contract and shall not contract any obligations in the name of, or on the account of, the Company, accept payment from any party of any obligation due the Company, or make any representation, guaranty, or warranty with respect to the Products and/or Services. Representative shall have full responsibility for all expenses of operating incurred by Representative.
6. Termination
Notwithstanding anything in this Agreement to the contrary:
6.1 For Cause. Either party may terminate the appointment made pursuant to Section 1 of this Agreement at any time if the other party materially fails to perform one or more of its obligations under this Agreement and such failure continue for more than thirty (30) days after written notice is provided to such party describing such failure.
6.2 Mutual Option. The appointment made pursuant to Section 1 of this Agreement may be terminated by either party for any reason at the conclusion of the initial term or any successive term upon forty-five (45) days’ notice prior to the end of such term. If the Representative doesn’t meet sales quotas for two consecutive months, this Agreement may be terminated.
6.3 If either party terminates this Agreement for any reason, the termination date is the last date that the Representative is eligible for earned contract commissions. Any sales completed after the date of termination are not eligible for contract commission.
6.4 Return of Properties. Upon termination of the appointment hereunder, regardless of the cause therefor, Representative shall promptly return to the Company all property provided to Representative by the Company for use in relation to its obligations hereunder.
7. Payments and Commissions
7.1 For services provided under this Agreement, the Company shall pay the Representative commissions as follows:
Achieve sales target in clause 4(b) 70% commission of total deal amount hit
The term “total deal amount hit” refers to the gross revenue received by the Company from the sales of deals to the final customer, which are directly attributed to the Representative, minus any refunds and chargebacks.
7.2 In the event that a final customer requests a refund after the Representative has received a commission for the sales, the Company shall have the right to deduct the contract commission amount proportionate to the refund amount from future payment and commission to the Representative.
7.3 The Company shall not be liable to pay commission on any sales that were not appropriately documented, confirmed, and recognized by the Company’s accounting records.
7.4 The representative shall be responsible for providing sufficient evidence of the sales process, which may include, but not limited to:
(a) Providing video recordings of the sales process, including product demonstrations and presentations, provided to the local merchant.
(b) Provide video proof to showcasing the local merchant’s implementation of the Company’s services and products and practical applications
7.5 Contract commission shall be paid via PayPal to the Representative’s designated PayPal account.
7.6 Commissions shall be paid only after collection by the Company of the sale price to the Customers. Contract commissions will be processed and disbursed to the Representative on the 7th of each month for the previous month’s earning.
8. Confidentiality
During the term of this Agreement and for one (1) year following the termination of the appointment hereunder, Representative shall not make any use, for its own benefit or for the benefit of a business or entity other than the Company, of any secret or confidential information, intellectual property, knowledge or data of or pertaining to the Company, its business and financial affairs, or its products and services not generally known within the Company’s trade and which was acquired by it during the term of this Agreement, and not in the public domain.
9. Terms
This Agreement shall commence as of the date written above and shall continue for one (1) year. This Agreement shall automatically renew on the anniversary date for successive one (1) year periods unless terminated in accordance with Sections 6.
10. AmendmΩent and Waiver
Except as specifically provided herein, no amendment or modification of this Agreement shall be valid or binding upon the Company unless made in writing and signed by a duly authorized officer of the Company or upon Representative unless made in writing and signed by a duly authorized officer of Representative. The waiver by the Company of the breach of any provision of this Agreement by Representative shall not operate or be construed as a waiver of any subsequent breach by it.
11. Governing Law
The validity and effect of this Agreement and the rights and obligations of the parties hereto shall be construed and determined in accordance with the internal laws of Wyoming
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
