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California Commission Agreement
This Commission Agreement ("Agreement") is between ________________________________________ ("Company") and ________________________________________("Agent").
In consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows:
1. AGENCY: The Company appoints the Agent as its _____ exclusive
agent or _____ non-exclusive agent for the following purposes:
2. INDEPENDENT CONTRACTOR: This Agreement shall not render the Agent an employee, partner, or joint venturer with the Company for any purpose. The Agent is and will remain an independent contractor in his or her relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Agent's compensation hereunder. The Agent shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
3. DUTIES: The following duties shall be required of
4. INSURANCE: The Agent will carry liability insurance (including malpractice insurance, if warranted) relative to any service that he or she performs for the Company.
5. COMMISSION: For the Agent's services, the Company shall pay
the Agent the following commission percentage: ________ % of the Agent's total sales.
6. EXPENSES: _____ Not applicable or _____ As part of the
compensation to the Agent, the Agent shall also be reimbursed for the following
The Company shall not be obligated to reimburse the Agent for any additional expenses
incurred in the performance of services pursuant to this Agreement unless agreed
in writing by the Company in advance.
The parties shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.
9. 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.
10. MODIFICATION: This Agreement may not be modified except
by amendment reduced to writing and signed by both Company and Agent. No waiver
of this Agreement shall be construed as a continuing waiver or consent to any
subsequent breach thereof.
14. HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
15. ATTORNEY FEES: In the event that this Agreement
becomes subject to litigation between the parties hereto, the parties agree that
the prevailing party shall be entitled to an award of attorney's fees, costs,
and the prevailing statutory interest from the other party.
16. ADDITIONAL ACKNOWLEDGMENTS: Both parties acknowledge and
agree that: (a) the parties are executing this Agreement voluntarily and without
any duress or undue influence; (b) the parties have carefully read this
Agreement and have asked any questions needed to understand the terms,
consequences, and binding effect of this Agreement and fully understand them;
and (c) the parties have sought the advice of an attorney of their respective
choice if so desired prior to signing this Agreement.
STATE OF CALIFORNIA
GIVEN under my hand and seal of office on this the _____ day of
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