Comission Agreement

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Contract model 4 (comission agreement)

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 Agent:


_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

Agent shall lack authority to bind Company to any agreement or contract until
Agent obtains written consent from
________________________________________ [Name of Individual] of the
Company.

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.
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
[Provide additional details if necessary.]

6.  EXPENSES:  _____ Not applicable or _____ As part of the compensation to


the Agent, the Agent shall also be reimbursed for the following expenses:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
[Describe all expenses for which the Agent may be reimbursed.]

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.

7.  TERM:  Unless renewed, this Agreement expires at midnight on


________________________ [date].

8.  RENEWAL:  _____ Not applicable or _____ This Agreement shall


automatically renew for increments of _____ days or _____ one month or _____
one year, unless either party gives ________ days written notice to the other party
of his or her intent not to renew.  Notice shall be deemed sufficiently given or
served if sent by United States certified mail, return receipt requested, addressed as
follows:

If to the Company to:

_________________________________________________________
[Typed or Printed Name of Company Representative]

_________________________________________________________
[Company Representative's Address]

If to the Agent to:

_________________________________________________________
[Typed or Printed Name of Agent]
_________________________________________________________
[Agent's Address]

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.

11.  ENTIRE AGREEMENT:  This Agreement sets forth the entire agreement
and understanding between the parties relating to the subject matter herein and
supersedes all prior discussions between the parties.  No modification of or
amendment to this Agreement, nor any waiver of any rights under this Agreement,
will be effective unless in writing signed by the party to be charged. Any
subsequent change or changes in the Agent's duties or commission will not affect
the validity or scope of this Agreement.

12.  GOVERNING LAW; CONSENT TO PERSONAL


JURISDICTION:  THIS AGREEMENT WILL BE GOVERNED BY THE
LAWS OF THE STATE OF ALABAMA WITHOUT REGARD FOR
CONFLICTS OF LAWS PRINCIPLES. AGENT HEREBY EXPRESSLY
CONSENTS TO THE PERSONAL JURISDICTION OF THE STATE AND
FEDERAL COURTS LOCATED IN THE STATE OF ALABAMA FOR ANY
LAWSUIT FILED THERE AGAINST THE AGENT BY THE COMPANY
ARISING FROM OR RELATING TO THIS AGREEMENT.

13.  SEVERABILITY:  If one or more of the provisions in this Agreement are


deemed void by law, then the remaining provisions will continue in full force and
effect.

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. 

17.  FURTHER DOCUMENT:  If any other provisions or agreements are


necessary to enforce the intent of this document, both parties agree to execute such
provisions or agreements upon request.

This Agreement, consisting of ___________ pages, including this page, is entered


into this the ____ day of ______________, 20____.

Company:

_________________________________________________________
[Signature of Company Representative]

_________________________________________________________
[Typed or Printed Name of Company Representative]

Agent:

_________________________________________________________
[Signature of Agent]

_________________________________________________________
[Typed or Printed Name of Agent]

ACKNOWLEDGMENT

STATE OF ALABAMA
COUNTY OF ________________

PERSONALLY came and appeared before me, the undersigned authority, on this
day appeared ________________________________________ [Name of
Company Representative] and ________________________________________
[Name of Agent], known to me to be the persons whose names are subscribed to
the foregoing instrument, and acknowledged to me that they executed the
instrument for the purposes and consideration expressed in the instrument.

GIVEN under my hand and seal of office on this the _____ day of
_________________, 20__.

____________________________________
NOTARY PUBLIC

My Commission Expires:

______________________

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