COMMISSION AGREEMENT
This Commission Agreement
("Agreement") is between SysInnovators.Com
("Company") and ________________________________________("Agent").
In consideration of the
mutual agreements and covenants herein contained, the parties hereto agree as
follows:
1. AGENCY: The Company appoints the
Agent as its non-exclusive agent for the following purposes:
To Sell Computer Systems.
2. INDEPENDENT
CONTRACTOR:
This Agreement shall not render the Agent an employee, partner, or joint venturer with the Company for any purpose. The Agent is and
will remain an independent contractor in his or her relationship to the
Company. The Company shall not be responsible for withholding taxes with
respect to the Agent's compensation hereunder. The Agent shall have no claim
against the Company hereunder or otherwise for vacation pay, sick leave,
retirement benefits, social security, worker’s compensation, health or
disability benefits, unemployment insurance benefits, or employee benefits of
any kind.
3. DUTIES: The following duties shall be
required of Agent:
To Sell Computer Systems.
Agent shall lack authority to bind Company to any agreement or contract until
Agent obtains written consent from Albert Carter [Name of Individual] of
the Company.
4. INSURANCE: The Agent will carry
liability insurance (including malpractice insurance, if warranted) relative to
any service that he or she performs for the Company.
5. COMMISSION: For the Agent's services, the
Company shall pay the Agent the following commission: $50.00 Dollars per
computer sale.
[Provide additional details if necessary.]
6. EXPENSES: Not applicable as part of the
compensation to the Agent.
The Company shall not be
obligated to reimburse the Agent for any additional expenses incurred in the
performance of services pursuant to this Agreement unless agreed in writing by
the Company in advance.
7. TERM: Unless renewed, this Agreement expires at
8. RENEWAL: _____ Not applicable or
_____ This Agreement shall automatically renew for increments of _____ days or
_____ one month or _____ one year, unless either party gives ________ days
written notice to the other party of his or her intent not to renew.
Notice shall be deemed sufficiently given or served if sent by United States
certified mail, return receipt requested, addressed as follows:
If to the Company to:
_________________________________________________________
[Typed or Printed Name of Company Representative]
_________________________________________________________
[Company Representative's Address]
If to the Agent to:
_________________________________________________________
[Typed or Printed Name of Agent]
_________________________________________________________
[Agent's Address]
The parties shall each have
the right from time to time to change the place notice is to be given under
this paragraph by written notice thereof to the other party.
9. EXCLUSIONS: _____ Not
applicable or _____ Excluded from this Agreement are all existing written
agreements in place at the time of the execution of this Agreement with other
agents.
10. MODIFICATION: This Agreement may not be
modified except by amendment reduced to writing and signed by both Company and
Agent. No waiver of this Agreement shall be construed as a continuing waiver or
consent to any subsequent breach thereof.
11. ENTIRE AGREEMENT: This Agreement sets forth the entire
agreement and understanding between the parties relating to the subject matter
herein and supersedes all prior discussions between the parties. No
modification of or amendment to this Agreement, nor any waiver of any rights
under this Agreement, will be effective unless in writing signed by the party
to be charged. Any subsequent change or changes in the Agent's duties or
commission will not affect the validity or scope of this Agreement.
12. GOVERNING LAW; CONSENT TO PERSONAL JURISDICTION: THIS
AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF
13. SEVERABILITY: If one or more of the provisions in this
Agreement are deemed void by law, then the remaining provisions will continue
in full force and effect.
14. HEADINGS: Section headings are not to
be considered a part of this Agreement and are not intended to be a full and
accurate description of the contents hereof.
15. ATTORNEY FEES: In the event that this
Agreement becomes subject to litigation between the parties hereto, the parties
agree that the prevailing party shall be entitled to an award of attorney's
fees, costs, and the prevailing statutory interest from the other party.
16. ADDITIONAL
ACKNOWLEDGMENTS:
Both parties acknowledge and agree that: (a) the parties are executing this
Agreement voluntarily and without any duress or undue influence; (b) the
parties have carefully read this Agreement and have asked any questions needed
to understand the terms, consequences, and binding effect of this Agreement and
fully understand them; and (c) the parties have sought the advice of an
attorney of their respective choice if so desired prior to signing this
Agreement.
17. FURTHER DOCUMENT: If any other provisions or agreements
are necessary to enforce the intent of this document, both parties agree to
execute such provisions or agreements upon request.
This Agreement, consisting of ___________ pages, including this page, is
entered into this the ____ day of ______________, 20____.
Company:
_________________________________________________________
[Signature of Company Representative]
_________________________________________________________
[Typed or Printed Name of Company Representative]
Agent:
_________________________________________________________
[Signature of Agent]
_________________________________________________________
[Typed or Printed Name of Agent]
ACKNOWLEDGMENT
STATE OF OKLAHOMA
COUNTY OF ________________
PERSONALLY came and appeared before me, the undersigned authority, on this day
appeared ________________________________________ [Name of Company
Representative] and ________________________________________ [Name of Agent],
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the instrument for the
purposes and consideration expressed in the instrument.
GIVEN
under my hand and seal of office on this the _____ day of _________________,
20__.
____________________________________
NOTARY PUBLIC
My Commission Expires:
______________________