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Employment Agreement Salesperson
1. Introduction. Agreement made [Date] by and between [Name] hereinafter referred to as "Employer", with offices at [Address], and [Name] hereinafter referred to as "Employee", residing at [Address].
2. Nature of Employment. Employer employs Employee as a salesperson to sell all of Employer's products in the territory described as follows: [Description]. Employee shall devote Employee's entire working time in pursuance of the duties herein set out and shall not engage in any other business activity.
3. Terms of Employment. The terms and conditions of Employee's employment are those set out in the [Name of Employer] Employees' Handbook, receipt of a copy of which is hereby acknowledged by Employee, as the same may be modified and amended. The fringe benefits that will be made available to Employee are those set out in the [Name of Employer] Guide to Employees' Welfare and Pension Benefits, receipt of a copy of which is hereby acknowledged by Employee, as the same may be modified and amended.
4. Compensation. Employee shall receive an advance of ........ dollars ($........) against commissions. Said advance shall be paid monthly on the first business day of each month. Employee shall receive the commissions set out in Exhibit A [omitted] attached hereto and made a part hereof on all fully paid sales made by Employee. Employer shall account to Employee monthly for such commissions no later than the [number] day of the month following the month for which the accounting is rendered. A check for the difference between the commissions due and the unrecouped balance of all advances theretofore paid to Employee shall accompany the accounting. If the unrecouped balance of all advances is greater than the commissions due, the difference shall be carried forward to the next accounting.
5. Expenses. Employee shall furnish an automobile registered in Employee's name to be used in the fulfillment of Employee's services. The maintenance, insurance, and other costs of operating such automobile shall be the sole responsibility of Employee, and Employer shall have no liability therefor. Employer shall pay Employee the sum of ........ dollars ($........) to defray such costs for which Employee need not account to Employer.
6. Term of Agreement. This Agreement shall commence on [date]. It shall terminate upon the mutual agreement of the parties or upon the giving of [Number] days' written notice by one party to the other. Upon termination of this Agreement, all of the rights and obligations of the parties shall cease except that Employee shall promptly return all samples and other materials belonging to Employer, and Employer shall account for and pay to Employee all commissions due to Employee as of the date of termination. If the unrecouped balance of all advances paid to Employee is greater than the commissions due, Employee shall promptly repay the difference to Employer.
7. Miscellaneous Provisions. The various headings and numbers herein and the grouping of provisions of this Agreement into separate divisions are for the purpose of convenience only and shall not be considered a part hereof. The language in all parts of this Agreement shall in all cases be construed in accordance to its fair meaning as if prepared by all parties to the Agreement and not strictly for or against any of the parties.
8. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
9. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.
10. Entire Agreement. This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.
11. This Agreement supersedes any prior oral agreements between the parties.
12. Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
13. No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.
14. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.
15. Applicable Law. This Agreement shall be governed by the laws of the State of [State].
16. Time of The Essence. Time is the essence of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]