Fill and Sign the Employment of Manager of Business that Sells and Install Products Form

Employment of Manager of Business that Sells and Install Products Employment Agreement made on the __________________ (date) , between _______________________ (Name of Employee) of _________________________________ _____________________________________________ (street address, city, county, state, zip code) , referred to herein as Employee , and __________________________ (Name of Employer) , a Company organized and existing under the laws of the state of ______________, with its principal office located at __________________________________________________ ______________________________ (street address, city, county, state, zip code) , referred to herein as Company . Whereas, Company is in the business of Selling and Installing (describe products) _________________________________________________________________________ , hereinafter called Products; and Whereas, Company desires to employ Employee to serve as Manager of its business; and Whereas, Employee is willing and qualified to perform such services; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement , and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Employment Employee is hereby engaged as Manager of Company and shall perform all duties incident to his position as Manager, including employment and supervision of the office help, salespersons and installers in or under the authority of his office. Employee is authorized to obtain orders for installations of (types of installations) _______________________________ _____________________________________________ and to collect deposits and other payments on these orders for the Company. The Employee is not authorized to set compensation for other Employees. The duties of the Employee may be specified and modified from time to time by the Company. The Employee agrees that he will at all times perform the required services faithfully, industriously, and to the best of his ability and experience. The Employee shall perform all duties required under this Agreement in a satisfactory manner, and employment under this Agreement shall continue only so long as the performance of such duties is and remains satisfactory. The Company shall be the sole judge of whether Employee's duties are performed satisfactorily. The Employee shall obey all rules and regulations of the Company, including, but not limited to, those set out in the Employees' handbook, which the Employee acknowledges having read. The Employee shall devote his entire time, attention and energies to the business of the Company, and shall not during the term of this Agreement be engaged in any other business activity; but he may invest his assets in a manner not requiring any services of the Employee. 2. Compensation Company shall pay Employee as full payment for services rendered under this Agreement a minimum compensation of $_____________ per week, including both wages and commissions, and such additional wages and commissions as may from time to time be agreed upon. Changes, either by way of increase or decrease, may be made in the amount of such additional wages or additional rate of commissions at any time without invalidating this Agreement. In addition, the Company shall pay to the Employee as compensation a commission on sales completed by the Employee during the effective period of this Agreement. The precise commission and the manner and basis on which it is applied shall be set by the Company from time to time. The Employee shall be paid after the job is completed and full payment has been received by the Company. No commission shall be paid on a sale if payment must be collected by an attorney, by lawsuit, or by a collection agency, or if final payment is not made within ______ (number) days after it is due. In addition, no commission shall be paid on discounts, claims, allowances and jobs not completed, whether or not the Company is at fault. The Company has the absolute right to refuse to accept orders procured by the Employee. Commissions on accounts unpaid or on jobs not completed at the time of the Employee's termination for cause or otherwise, shall be forfeited and shall not be paid to the Employee. 4. Advances Company may advance to the Employee sums against commissions to be earned. Unearned advances shall be repaid by the Employee to the Company upon termination of employment. 5. Term The term of this Agreement shall begin immediately and shall terminate: A. By either party at any time by notice to the other party; or B. Upon the death of the Employee. 6. Restrictive Covenants A. Similar Business. During the term of this Agreement and during the period of ______ (number) years immediately after termination of employment, the Employee will not directly or indirectly own, manage, be employed by, engage in, carry on or be connected in any like manner with any other business similar to the type of business conducted by the Company at the time of the termination of employment within ______ (number) miles of any office of the Company. B. Customers. During the period of ______ (number) years immediately after termination of employment, the Employee will not, either directly or indirectly, make known or divulge to any person, firm, or Company the names or addresses of any of the customers of the Company at the time the Employee entered the employ of the Company or with whom Employee became acquainted after entering the employ of the Company. Furthermore, the Employee will not during the period of ______ (number) years immediately after termination of employment directly or indirectly, either for himself or for any other person, firm, or Company, call upon, solicit, divert, or take away or attempt to solicit, divert, or take away any of the customers or patrons of the Company upon whom Employee called, whom he solicited, or with whom he became acquainted during his employment with the Company. C. Information. Employee will not at any time, in any fashion, form, or manner, either directly or indirectly, divulge, disclose, or communicate to any person, firm, or Company in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of the Company, including, but not limited to, the names of any of its customers, the prices it obtains or has obtained, or at which it sells or has sold its products, or any other information concerning the business of the Company, its manner of operation, or its plans, processes, or other data of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important. D. Records. All books, records, reports, accounts, and documents relating in any manner to the Company's business or customers, whether prepared by the Employee or otherwise coming into the Employee's possession, shall be the exclusive property of the Company and shall be returned immediately to the Company on termination of employment or on the Company's request at any time. E. Breach. The parties stipulate that, as between them, each of the above matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of the Company, and its goodwill, and that any breach of the terms of this section is a material breach of this Agreement, from which the Employee may be enjoined and for which the Employee shall also pay to the Company $___________ to compensate the Company for injury by reason of such breach. Because the injury that the Company may sustain by reason of such breach would not be readily ascertainable and would not be easily susceptible of proof, such sum is agreed on as liquidated damages and is intended as compensation for the injury suffered by the Company, rather than as a penalty. 7. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 10. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 15. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _______________________ (Name of Company) ________________________ By:_________________________ (P rinted name) _____________________ ________________________ (P rinted name & Office in Corporation) (Signature of Manager) ______________________ (Signature of Officer)