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Commission Agreement

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COMMISSION AGREEMENT

THIS COMMISSION AGREEMENT (the "Agreement") dated this ________ day of ________________, ________,


BETWEEN:

__________________________ of ____________________________________________

(the "Employer")

OF THE FIRST PART

- AND -

____________________________________________ of ____________________________________________

(the "Employee")

OF THE SECOND PART

  1. BACKGROUND:
  2. The Employer carries on the business of ______________________.
  3. The Employer is of the opinion that the Employee has the necessary qualifications, experience and abilities to assist and benefit the Employer in its business.
  4. The Employer desires to employ the Employee and the Employee has agreed to accept and enter such employment upon the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

  1. Commencement Date and Term
  2. The Employee will commence full-time employment with the Employer on the 6th day of March, 2025 (the "Commencement Date").
  3. Job Title and Description
  4. The initial job title of the Employee will be: _____________________________.
  5. The initial job duties the Employee will be expected to perform will be the following:
    1. ____________________________________________________________.
  6. The Employee agrees to be employed on the terms and conditions set out in this Agreement. The Employee agrees to be subject to the general supervision of and act pursuant to the orders, advice and direction of the Employer.
  7. The Employee will perform any and all duties as requested by the Employer that are reasonable and that are customarily performed by a person holding a similar position in the industry or business of the Employer.
  8. The Employer may make changes to the job title or duties of the Employee where the changes would be considered reasonable for a similar position in the industry or business of the Employer. The Employee's job title or duties may be changed by agreement and with the approval of both the Employee and the Employer or after a notice period required under law.
  9. The Employee agrees to abide by the Employer's rules, regulations, policies, and practices, including those concerning work schedules, vacation, and sick leave, as they may from time to time be adopted or modified.
  10. Performance of Duties
  11. The Employee agrees to apply their best skills, knowledge, and expertise as an employee of the Employer in performing their duties and obligations as described in this Agreement.
  12. The Employee agrees to use only the software, tools, or documentation approved or provided by the Employer for monitoring sales, recording commissions, and tracking expenses. The Employee is responsible for ensuring that all data and information entered in the approved tools is accurate and updated.
  13. Employee Compensation
  14. Compensation paid to the Employee for the services rendered or sales completed by the Employee (the "Compensation") will include a salary of __________ USD per hour plus a commission calculated as follows:
    ________________________________________________________________________
    ________________________________________________________________________.

  15. Sales made by the Employee are included in the calculation of their commission after full payment for the goods sold by the Employee or services completed by the Employee is received by the Employer (the "Earned Commission").
  16. This Compensation will be calculated and payable every two weeks while this Agreement is in force. The Employer is entitled to deduct from the Employee's Compensation, or from any other compensation in whatever form, any applicable deductions and remittances as required by law.
  17. The Employer will reimburse the Employee for all reasonable expenses, in accordance with the Employer's lawful policies as in effect from time to time, including but not limited to, any travel and entertainment expenses incurred by the Employee in connection with the business of the Employer. Expenses will be paid within a reasonable time after submission of acceptable supporting documentation.
  18. Place of Work
  19. The Employee's primary place of work will be at the following location: ____________________________________________.
  20. Employee Benefits
  21. The Employee will be entitled to only those currently available benefits as described in the lawful provisions of the Employer's employment booklets, manuals, and policy documents or as required by law.
  22. Employer discretionary benefits are subject to change, without compensation, upon the Employer providing the Employee with 60 days written notice of that change and providing that any change to those benefits is taken generally with respect to other employees and does not single out the Employee.
  23. Conflict of Interest
  24. During the term of the Employee's active employment with the Employer, it is understood and agreed that any business opportunity relating to or similar to the Employer's actual or reasonably anticipated business opportunities (with the exception of personal investments in less than 5% of the equity of a business, investments in established family businesses, real estate, or investments in stocks and bonds traded on public stock exchanges) coming to the attention of the Employee, is an opportunity belonging to the Employer. Therefore, the Employee will advise the Employer of the opportunity and cannot pursue the opportunity, directly or indirectly, without the written consent of the Employer.
  25. During the term of the Employee's active employment with the Employer, the Employee will not, directly or indirectly, engage or participate in any other business activities that the Employer, in its reasonable discretion, determines to be in conflict with the best interests of the Employer without the written consent of the Employer.
  26. Contract Binding Authority
  27. Notwithstanding any other term or condition expressed or implied in this Agreement to the contrary, the Employee will not have the authority to enter into any contracts or commitments for or on the behalf of the Employer without first obtaining the express written consent of the Employer.
  28. Termination of Employment
  29. The Employer and the Employee agree that the Employee's employment is at-will. As such, this Agreement is subject to termination by the Employee or the Employer at any time with or without notice, and with or without cause. Nothing in this Agreement, or in any of the Employer's policies or procedures, should be interpreted to eliminate the at-will employment status of the Employee.
  30. "Termination Date" means the date specified in this Agreement or in a subsequent notice by either the Employee or the Employer to be the last day of employment under this Agreement. The parties acknowledge that various provisions of this Agreement will survive the Termination Date.
  31. The Termination Date specified by either the Employee or the Employer may expire on any day of the month and upon the Termination Date the Employer will forthwith pay to the Employee any outstanding portion of the compensation including any unpaid Earned Commission, accrued vacation and banked time, if any, calculated to the Termination Date. The Employee cannot earn any commission after the Termination Date.
  32. If notice has been given by either party for any reason, the Employee and the Employer agree to execute their duties and obligations under this Agreement diligently and in good faith through to the end of the notice period. The Employer may not make any changes to compensation or any other term or condition of this Agreement between the time termination notice is given through to the end of the notice period.
  33. Remedies
  34. In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee agrees that the Employer is entitled to a permanent injunction, in addition to and not in limitation of any other rights and remedies available to the Employer at law or in equity, in order to prevent or restrain any such breach by the Employee or by the Employee's partners, agents, representatives, servants, employees, and/or any and all persons directly or indirectly acting for or with the Employee.
  35. Severability
  36. The Employer and the Employee acknowledge that this Agreement is reasonable, valid, and enforceable. However, if any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result.
  37. Notices
  38. Any notices, deliveries, requests, demands, or other communications required here will be deemed to be completed when hand-delivered, delivered by agent, or seven days after being placed in the post, postage prepaid, to the parties at the following addresses or as the parties may later designate in writing:

    Employer:
    Name:      __________________________
    Address:  ____________________________________________

    Employee:
    Name:      ____________________________________________
    Address:  ____________________________________________

  39. Modification of Agreement
  40. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party.
  41. Governing Law
  42. This Agreement will be construed in accordance with and governed by the laws of the State of Indiana.
  43. General Provisions
  44. Time is of the essence in this Agreement.
  45. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  46. No failure or delay by either party to this Agreement in exercising any power, right, or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers, or privileges preclude any further exercise of them or the exercise of any other right, power, or privilege provided in this Agreement.
  47. This Agreement will inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors, and assigns, as the case may be, of the Employer and the Employee.
  48. This Agreement may be executed in counterparts. Electronic signatures are binding and are considered to be original signatures.
  49. If, at the time of execution of this Agreement, there is a pre-existing employment agreement or commission agreement still in effect between the parties to this Agreement, then in consideration of and as a condition of the parties entering into this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, this Agreement will supersede any and all pre-existing employment or commission agreements between the Employer and the Employee. Any duties, obligations, and liabilities still in effect from any pre-existing employment or commission agreement are void and no longer enforceable after execution of this Agreement.
  50. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or written. The parties to this Agreement stipulate that neither of them has made any representations with respect to the subject matter of this Agreement except such representations as are specifically set forth in this Agreement.

IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

__________________________
Per:
____________________________
(Seal)
Officer's Name: __________________________
_______________________________
______________________ (EMPLOYEE)

ACKNOWLEDGMENT FORM

(Human Resources Department Copy)

I acknowledge that I received a copy of __________________________'s Commission Agreement and that I understand I am fully responsible for reading its contents, as well as all other policies and procedures of the Employer.
And lastly, I acknowledge that my employment is at-will and that I have the right to terminate my employment at any time without notice or cause, as long as the reason for the termination is not illegal, and that the Employer has the same right.

Please sign and date this copy and return to the Human Resources Department.


__________________________________
Employee's Signature


______________________
Date


__________________________________
Employer's Signature


______________________
Date


ACKNOWLEDGMENT FORM

(Employee Copy)

I acknowledge that I received a copy of __________________________'s Commission Agreement and that I understand I am fully responsible for reading its contents, as well as all other policies and procedures of the Employer.
And lastly, I acknowledge that my employment is at-will and that I have the right to terminate my employment at any time without notice or cause, as long as the reason for the termination is not illegal, and that the Employer has the same right.

Please sign, date, and retain this second copy of the Acknowledgment Form for your reference.


__________________________________
Employee's Signature


______________________
Date


__________________________________
Employer's Signature


______________________
Date

Commission Agreement Page of
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