Fill and Sign the Marketing and Advertising Agreementfree Legal Forms

- 1 - COMMISSION AGREEMENT This agreement is entered into by and between __________________, hereinafter referred to as "Company", and __________________, hereinafter referred to as "Agent".For and in consideration of the mutual promises contained herein, the Company and Agent do hereby covenant, contract and agree as follows: 1. AGENCY: Subject to the terms of this agreement, Company does hereby appoint Agent as its exclusive agent for the following purposesnon-exclusive agent for the following purposes: (a) 2. RELATIONSHIP: Company and Agent agree that agent is an independent contractor and shall pay his or her own employment, income and other taxes as well as all insurance. 3. DUTIES: Agent shall perform the following duties in reference to this agreement:(a) Agent shall not be authorized to bind Company to any agreement or contract until Agent obtains the written consent to same by [name of individual]: _____________ of the Company. 4. COMMISSION: Company shall pay unto Agent for his or her services the following commission percentage: ________ % on total sales. Other details: _________________________________________________________ 5. EXPENSES: Not applicableAs part of the compensation to Agent, Company shall also be reimbursed for the following expenses: (a) [state expenses to be paid] ____________________________________________ 6. 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. 7. TERM: This agreement shall extend for a period of ________ from the date hereof. 8. RENEWAL: This agreement shall be automatically renewed in ________ increments unless either party gives ________ days written notice of their intent not to renew to the other prior to the expiration of any ________ contract period. 9.
Severability: all of the terms and provisions of this agreement shall be severable and shall be governed by the rules governing the construction of contracts. 10. Choice of law: this agreement shall be binding and absolute in respect to all jurisdictions in the territories of [country] and of [place] where [company is incorporated]and [agent is located]. 11. Construction: company may use or incorporate with this agreement, in any form, a copy of any written contract with another agent of the company or a new written agreement with such other agent provided that the new written agreement shall be approved by the company and/or agent and that the new written agreement is in conformity with this agreement as if it had been initially established under this agreement as a new written agreement and that title to such new written agreement remains with the company or agent on and from [date of making] which date [company] or [agent] may terminate such new agreement as described in this agreement after giving notice in writing or on electronic communication to the other party to such termination. 12. Severability: this agreement shall not be modified or abrogated by action of another party after the date hereof by reason of the existence of contract or agreement between [company] and [agent]. 13. Waiver: no waiver of any provision of the written agreement or any party in accordance with section 14 of this agreement shall be enforceable against. 14. Entire agreement: this written agreement constitutes the entire agreement between [company] and [agent] under which [company] and/or [agent] undertake and undertake to pay the specified compensation with an exception that the foregoing exclusions regarding the terms of this agreement apply to any new written agreement that company may in writing incorporate with this agreement. 15. Effect of failure to pay: no failure on the part of company or agent to pay [company] or the agent's full compensation for services rendered under this agreement shall constitute a defense to any action for the recovery of compensation herein. 16. Severability: each of the terms and provisions of this agreement is severable and shall be governed by the rules governing the construction of contracts. 17. No choice: [company may unilaterally provide or provide otherwise] the express or implied choice of company in the provision of services is limited to the services specifically provided or provided otherwise, in writing, by management or designee of the company or agent. Company provides the agent with a business card (in the form of a blank business card) which reads “agent is not authorized by company: