Fill and Sign the Agreement Commission Form

- 1 - CONTRACT WITH INDEPENDENT CONTRACTOR THIS AGREEMENT entered into and effective the ____ day of _________, 20__ by and between _________________, Inc. ("_________________") and _________________, Inc. ("_________________"). NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge d, the parties agree as follows: 1. In consideration of _________________ fulfilling the duties and responsibilities set forth herein, _________________ shall pay _________________ a gross commission equivalent to ____ percent ( ____ %) of the Net Invoice Amount of all New Business generated by _________________ for the benefit of _________________ during the period commencing at 12:01 a.m. on _________________, 20 ____ and ending at 12:00 a.m. on _________________, 20 ____. 2. For purposes of this Agreement, the following definitions shall apply: (a) "Net Invoice Amount" shall mean the total amount invoiced to a customer on a spec ific, numbered invoice less any amounts invoiced for sales tax, freight, delivery or similar charges. (b) "New Business" shall mean verified purchase orders for molds, products, goods or other materials issued to _________________ from customers that have not issued purchase orders or otherwise done business with _________________ or _________________ within three (3) years of the date of this Agreement. 3. Any commission payable pursuant to this Agreement shall be paid on the first working day of t he month following the month during which the Net Invoice Amount or any portion thereof are collected by _________________. 4. _________________ agrees to reimburse _________________ for certain reasonable and necessary business expenses incurred on behalf of _________________ provided said expenses are approved by _________________ in advance. 5. _________________ agrees that it is not an employee of _________________ for any purpose whatsoever, including unemployment tax, social security contributions, income tax withholding or workers compensation, whether state or federal. _________________ agrees to pay and be solely responsible for all applicable taxes, both state and federal, in connection with amount pai d by _________________ to _________________. As an independent contractor _________________ is not eligible to participate in any of the _________________ fringe benefit programs. 6. _________________ providing 90 days written notice to _________________ at their business address of _________________, _________________, _________________ _________________. In the event of such a cancellation, _________________ will pay for all commissions due on sales through the date of cancellation. After cancellation, _________________ will not owe _________________ commissions on sales generated after cancellation. 7. _________________ duties and responsibilities pursuant to this Agreement are as follows: (a) To represent _________________ to all _________________ including _________________ and _________________ suppliers but excluding the _________________. (b) Solicit automotive components including parts that fit _________________ current and potential capabilities which include tool and die as well as manufacturing. Main emphasis wi ll be in manufactured parts and assemblies. (c) Represent _________________ in areas as directed and agreed upon by both parties. - 2 - Nothing contained herein shall prevent _________________ from contracting with other representatives for similar services. _________________ is not an exclusive agent of _________________. 8. This contract encompasses the entire agreement of the parties and there are no ot her agreements of understandings, either written or oral. 9. This contract may not be modified or amended except in writing with the same de gree of formality with which this contract has been executed. 10. Should any part or provision of this contract be adjudicated inoperative or invalid the rema ining provisions of the contract will remain in effect and operate as if the invalid or inoperative provision had never exist ed. 11. The construction, interpretation of this contract and all transactions under it shall be governed by the laws of the State of _________________. WITNESS OUR SIGNATURES this the ____ day of _________, 20__. _________________, INC. by: _________________ _________________, INC. by: _________________