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Greater
Membership and Sponsorship Sales This
Agreement, herein called Agreement, is made effective this _____ day of
______________, 200_____, between the Greater Granby Area Chamber of
Commerce, a Colorado Nonprofit Corporation,
herein called Chamber, and _________________________, herein called
Contractor or Independent Contractor. The Chamber and Independent Contractor each desire to execute an Agreement where under the Chamber shall retain Contractor, and Contractor shall accept such under the terms and conditions set forth in the Agreement. Therefore be it known that the purpose of this agreement is to set forth the terms and conditions upon which contractor will perform Membership and Sponsorship Sales for Chamber. It is agreed as
follows:
1.
Description
of Work
a)
Field
recruitment of new Chamber members including sales of added benefits,
b)
Retention of
existing Chamber members and sales of added benefits and,
c)
Chamber Event
Sponsorship sales
d)
Make periodic
progress reports to the Chamber as requested. Contractor shall comply
with all Chamber’s standards and procedures when performing the above
duties, at all times maintain a professional appearance and demeanor, and
conduct all business covered by this Agreement in an honest, lawful, ethical
and respectful businesslike manner.
2.
Compensation
a)
As
compensation for the services to be performed hereunder, the Chamber shall
pay contractor commissions on the collected actual cash amount of the new
membership sale, including added benefit sales, renewal sale including added
benefit sales, or sponsorship sale.
The Contractor is NOT an employee of the Chamber.
No salary (base or otherwise), draw against commissions, or advances
shall be paid. Commissions paid are based on membership and sponsorship
sales from the first day of each calendar month through the last day of the
calendar month. Commissions shall be
paid as follows:
b)
New Member
Sales: 40% of paid sale
including added Benefit sales.
A new member is defined as never having been a member of the Chamber or
previous membership with the Chamber expired over one year ago.
c)
Renewal
Sales: 20% of 1st
year paid renewal of memberships originally signed by Contractor.
No commission will be paid if the membership expiration date is more
than 60 days past due.
d)
Sponsorship
Sales: 20% of paid sale of any
current Chamber event sponsorship.
Any variation of approved sponsorships must be approved by Chamber in
writing.
e)
Commissions
shall be paid on the 15th of each month (or the next week day if
the 15th falls on a weekend or holiday) for the previous months’
sales. Commissions will be paid
by comparing the reports of the Contractor with the payments receive in the
chamber before the 1st of each month.
f)
Commission
after termination (with notice) will be commissionable as provided for
above, during a period of one month (30 days) following termination
providing correct information regarding account is submitted to Chamber at
time of termination.
g)
If contractor
terminates the contract without providing notice, he/she will only be paid
for those sales collected at time of termination.
3.
Stipulations
a)
The
Contractor is an independent salesperson.
b)
The
Contractor has their own automobile and liability insurance including auto
liability insurance in the amount of $100,00/$300,000 on all vehicle used
under this contract, and comprehensive business general liability insurance
protecting Contractor and his/her agents and employees covering property
damage, bodily and personal injury and death.
c)
The
Contractor agrees to hold harmless and fully indemnify the Chamber and its
agents and employees against any and all claims arising out of this
agreement.
d)
The
Contractor shall have no claim against the Chamber hereunder or otherwise
for vacation pay, sick leave, retirement benefits, health or disability
benefits, unemployment insurance benefits, social security, or other
employee benefits of any kind.
e)
The
Contractor is solely liable and responsible for all income taxes relating to
their fees from the Chamber, and no payroll deductions or taxes of any kind
will be made by the Chamber.
f)
The
Contractor agrees to hold entirely confidential all information relating to
the Chamber’s activities and data during the period of this agreement.
g)
All materials
and supplies provided to the Contractor are to be considered the property of
the Chamber and are subject to return upon the termination of this
agreement.
4.
Competitive
Activities The Contractor shall
devote such energy, interest and effort as may be reasonably necessary to
achieve the Chamber’s needs and objectives.
5.
Trade Secrets
a)
The parties
acknowledge and agree that during the term of this Agreement and in the
course of the discharge of the duties hereunder, Contractor shall have
access to and become acquainted with information concerning the operation of
the Chamber, including without limitation technical information, customer
lists, financial, personnel, sales and other information that is owned by
the Chamber and regularly used in the operation of the Chamber’s business,
and that such information constitutes the Chamber’s trade secrets.
b)
Contractor
agrees that he/she shall not disclosed any such trade secrets, directly or
indirectly, to any other person or use them in any way, either during the
term of the Agreement or thereafter, except as is required in the course of
the Agreement.
c)
Contractor
further agrees that all files, records, documents, equipment, and similar
items relating to the Chamber’s business, whether prepared by the Chamber or
others, are and shall remain exclusively the property of the Chamber and
that they shall be removed from the premises of the Chamber only with the
express prior consent of the Chamber.
d)
Contractor
acknowledges and agrees that the sale of unauthorized use or disclosure of
any of the Chamber’s trade secrets obtained by the Contractor during the
course of this Agreement constitutes unfair competition.
e)
Contractor
promises and agrees not to engage in any unfair competition with the Chamber
ant any time, whether during or following the completion of the Agreement.
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