Employment Representative Agreement

EMPLOYMENT REPRESENTATIVE AGREEMENT

This Employment Representative Agreement (the Agreement) is made and entered into by and between:

Employer Name:

Representative Name:

Effective Date:

Recitals

WHEREAS, Employer desires to engage Representative to identify, recruit and present qualified candidates for employment with Employer; and

WHEREAS, Representative is willing to provide recruitment and placement services on the terms and conditions set forth in this Agreement.

1. Engagement; Scope of Services

1.1 Engagement. Employer hereby engages Representative, and Representative accepts such engagement, to perform recruitment, solicitation and candidate presentation services for positions specified by Employer in accordance with the terms herein.

1.2 Services. Representative shall: (a) source and screen candidates; (b) obtain candidate consents for Employer review, background checks and reference checks; (c) present candidate summaries and curricula vitae to Employer; and (d) coordinate interviews as requested.

2. Position Information

3. Representative Obligations and Candidate Records

Representative warrants that it will provide accurate candidate information, obtain candidate consents necessary for Employer to evaluate the candidate, and shall maintain records of candidate communications, resumes and authorizations for a minimum of three (3) years.

4. Candidate Information (Representative to provide for each candidate)

Personal Information

Employment History (Provide at least two prior employers)

Education

References (Minimum three professional references)

5. Fees; Payment; Guarantee

5.1 Placement Fee. Employer shall pay Representative a placement fee equal to of the candidate's first-year gross annual compensation or a flat fee of , whichever is selected by Employer.

5.2 Payment Terms. Fees are due within days of the candidate's start date. Late payments accrue interest at .

5.3 Guarantee. If a placed candidate is terminated for cause or voluntarily resigns within from start date, Representative shall use commercially reasonable efforts to provide a replacement candidate at no additional fee or shall refund a pro rata portion of the placement fee as follows:

6. Confidentiality; Data Protection

Representative shall treat all non-public Employer information and candidate information as confidential and shall not disclose such information except as necessary to perform services or as required by law. Representative shall implement reasonable administrative, technical and physical safeguards to protect personal data.

7. Compliance; Background Checks and Authorizations

Representative shall obtain candidate consent for background checks and reference checks. Representative represents that all presented candidates have authorized Representative to provide employment history and references to Employer.

By checking the box below and providing their printed name, the candidate authorizes Representative and Employer to contact prior employers and references, and to obtain background checks and verify information submitted.

8. Non-Solicitation; Non-Circumvention

During the Term and for twelve (12) months following termination, Employer shall not solicit or hire direct employees of Representative for the purpose of avoiding fees. Representative shall not present candidates directly to Employer's clients or business contacts for the purpose of circumventing Employer without written consent.

9. Indemnification; Limitation of Liability

Each party shall indemnify and hold harmless the other from third party claims arising from that party's willful misconduct or breach of this Agreement. Except for willful misconduct or gross negligence, neither party's aggregate liability shall exceed the fees paid to Representative in the twelve (12) months preceding the claim.

10. Term and Termination

This Agreement commences on the Effective Date and continues for a period of unless earlier terminated by either party upon thirty (30) days' written notice. Termination does not affect obligations for placements made prior to the termination date.

11. Notices

All notices under this Agreement shall be in writing and delivered to the addresses provided below:

12. Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws chosen by the parties. Prior to initiating litigation, parties agree to meet in good faith to attempt resolution and to submit unresolved disputes to mediation. If mediation fails, disputes will be resolved in a court of competent jurisdiction.

13. Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the engagement described herein and supersedes all prior agreements and understandings. Amendments must be in writing and signed by both parties. If any provision is held invalid, the remainder will remain in full force.

Equal Opportunity; At-Will Statement

Employer is an equal opportunity employer. Nothing in this Agreement creates an employment contract between Representative and Employer, nor changes the at-will nature of any candidate's employment relationship with Employer unless otherwise expressly agreed in writing.

Signature

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