THIS AGREEMENT [“Agreement”] entered into and made effective on the date this form was submitted by and between Code Conspirators and the person or entity completing this form “Contractor”.
RECITALS
WHERE AS, Independent Contractor is engaged in providing sales and marketing services.
TERMS
EFFECTIVE DATE: This Agreement shall be effective immediately, commencing the date mentioned above.
INDEPENDENT CONTRACTORS STATUS: This Agreement does not constitute a hiring by either party. It is the parties’ intent that independent Contractors shall have an independent contractor status and not be an employee for any purpose, including, but not limited to, the application of the Federal Insurance contributions Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Georgia State Revenue and Taxation Code relating to income tax withholding at the source of income, the Workers’ Compensation Insurance Code, 401 (k) and other benefits payments and third party liability claims. Independent Contractors shall retain sole and absolute discretion in the manner and means of carrying out his activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized by the Company in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any matter, unless specifically authorized to do so in writing.
SCOPE OF WORK: Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the sales that may be required by the Company. These services include, but are not limited to, creating new business relationships and selling products for the Company throughout all fifty of the United States of America. These services are to be referred to in this Agreement as the “Scope of Work.” It is expected that the Scope of Work will continually be completed by the contractor, in a timely manner and in an expedited fashion. To include by signing this contract, the contractor agrees if he or she is released from the Company for any reason within the scope of this contract, they will have waived any withholdings and future payments that would have been rendered to them.
Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above. Including but not limited to, work being performed already by others within or outside of the Company, as assigned to him. Independent Contractor shall not be entitled to engage in any activities that are not expressly set forth by this Agreement.
The Books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor, at the Independent Contractor’s principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, accounts of expenses incurred in related business, and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement.
Independent Contractor shall be responsible to the management and directors of the Company. Independent Contractors are required to work Monday through Friday during the term of this agreement. Independent contractors may take one vacation day per month without any penalty. Independent Contractor will not rely on the equipment or offices of the Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Independent Contractors regarding the Scope of Work shall be considered a suggestion only, not an instruction.
Company retains the right to inspect, stop, or alter the work of an Independent Contractor to assure its conformity with this Agreement.
Contractor’s job duties shall include, but not limited to, the following:
1. Attend 2 weekly correlation meetings (If you can't make it because of work, you must watch the replay)
2. Act as an upright and respectable representative of the Company during all work hours in the following manners:
(a) Adhering to the Company Dress Code during all meetings. (family appropriate attire)
(b) Treating customers, potential customers, and all other potential affiliates of the company with respect and courtesy.
3. Maintain the highest standards of integrity, honesty, and uprightness with the Company.
WITHHOLDING OF TAXES: Independent Contractors recognize and understand that they will receive an IRS 1099 statement and related tax statements, and will be required to file corporate
and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law.
SALES
Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney’s fees, and legal expenses, incurred by the Company as a result of the independent contractor’s failure to make such required payments.
SEXUAL HARASSMENT: The company is committed to providing a work environment that is free from discrimination and intimidation and will not tolerate any form of harassment including racial, or sexual harassment. Sexual harassment is defined as: (a) Verbal or physical conduct of sexual nature that is unwelcome that has the effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive work environment, (b) Conduct that makes submission to or rejection of sexual acts basis for any employment related decision, including continued employment or other conditions of employment. Such conditions may be either express or implied. If you feel that incidents of sexual harassment have occurred, please contact a corporate officer immediately. Any associate may make reports or raise concerns regarding harassment without fear or retaliation. All reports will be treated as confidentially as possible, and will be promptly and thoroughly investigated. Any supervisor who becomes aware of possible sexual or other unlawful harassment should immediately contact a Corporate Officer. Any supervisor or associate who engages in sexual harassment or retaliates against anyone who reports sexual harassment will be subject to disciplinary action up to and including termination.
NON-DISCLOSURE: Independent Contractor agrees not to disclose, use, or communicate, in any manner, either during or after Independent Contractor’s agreement with Company, information about Company, its operations, clientele, or any other information , that relates to the business of Company including, but not limited to the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company.
Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of the Company. Independent Contractor understands that any breach of this provision, or that of any other Confidentiality and Non-Disclosure Agreement, is a material breach of this Agreement. To the extent Independent Contractor feels the need to disclose confidential information; he may do so only after obtaining written authorization from the owner.
NON-SOLICITATION: Independent Contractor shall not, during the Agreement and for a period of two years immediately following termination of this Agreement, either directly or indirectly, call on, solicit, or take away, any of the sellers or clients of the Company on whom Independent Contractor called or became acquainted with during the term of this Agreement, either for his own benefit, or of the benefit of any other person, firm, corporation, or organization. The Independent Contractor acknowledges and agrees that above restrictions are reasonable as to the duration and geography, as a result of Company nationwide network and business dealings. To include not becoming a competitor in any business actions the company already conducts. Moreover, the Independent Contractor acknowledges that the existence of any claim or cause of action he may bring against the company, whether predicated on this Agreement or otherwise, shall not constitute a defense against the enforcement of this paragraph.
NON-RECRUIT: Independent Contractor shall not, during this Agreement and for a period of two years immediately following termination of this agreement, either directly or indirectly, recruit any of Company’s employees for the purpose of any outside agreement.
RETURN OF PROPERTY: Upon termination of this Agreement, or whenever requested by the parties in writing, each party shall immediately deliver to the other party all property in its possession, or under its care and control, belonging to the other party to them, including but not limited to proprietary information, customer lists, trade secrets, intellectual property, computers, equipment, tools, documents, plans, recordings, software, and all related records or accounting ledgers.
EXPENSE ACCOUNTS: Independent Contractor and the Company agree to maintain separate accounts in regards to all expenses related to performing the Scope of Work. Independent Contractor is solely responsible for payment of expenses incurred pursuant to this Agreement unless provided otherwise in writing by the owner of the Company or as set forth in Exhibit “A” to this Agreement. Independent Contractor agrees to execute and deliver any agreements and documents prepared by Company and to do all other lawful acts required to establish document and protect such rights.
WORKS FOR HIRE: Independent Contractors agrees that the Scope of Work, all task duties, results, inventions and intellectual property developed or performed to this Agreement are considered “works for hire” and that the results of said work is by virtue of this Agreement assigned to the Company and shall be the sole property of Company for all purpose, including, but not limited to, copyright, trademark, service mark, and trade secret laws.
LEGAL COMPLIANCE: Independent Contractor is encouraged to treat all company employees, customers, clients, business partners and other affiliates with respect and responsibility. Independent Contractors are required to comply with all laws, ethical codes and company policies, procedures, rules or regulations, including those forbidding sexual or other harassment, discrimination, and unfair business practices.
INDEMNIFICATION: Independent Contractor shall defend. Indemnify, hold harmless, and insure Company from any and all damages, expenses or liability resulting from or arising out of, any negligence or misconduct on Independent Contractor’s part, or from any breach or default of this Agreement which is caused or occasioned by the acts of Independent Contractor.
Independent Contractor’s principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but ar not limited to, any and all contract documents, accounts of expenses incurred in related business, and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement.
COMPENSATION
Schedule:
Anything that is produced from Monday to Sunday is paid out the following Friday via Direct Deposit.
- Appointment Setters: 10% commission on scheduled appointments that convert to close
- Closers: 10% commission on contract phone deals that convert to close
Code Conspirators is not responsible for payments made with account information that has been provided incorrectly, so please double-check your payment details!
