1. Engagement of Services
The Company engages the Contractor to provide tax preparation and related services ("Services") to clients recruited by the Contractor. The Contractor agrees to perform these Services under the terms set forth in this Agreement.
2. Term of Agreement
This Agreement commences on [Start Date] and continues for 24 months ("Initial Term"). It will automatically renew for successive one-year terms unless either party provides at least 30 days’ written notice before the end of the current term.
3. Commission Structure and Performance Milestones
The Contractor’s commissions are based on the following tiered structure, contingent upon the submission of a minimum number of tax returns per year:
First Year:
Commission: 50% to Contractor / 50% to Company
Milestone: 35 tax returns within 12 months.
Second Year:
Commission: 60% to Contractor / 40% to Company
Milestone: 60 tax returns within 12 months.
Third Year:
Commission: 75% to Contractor / 25% to Company
Milestone: 75 tax returns within 12 months.
Fourth Year:
EFIN Eligibility: Contractor may apply for an Electronic Filing Identification Number (EFIN) if performance and compliance requirements are met.
4. Payment Terms
All commissions will be paid on fridays only following the refund.
5. Non-Compete and Non-Solicitation
(a) Non-Compete: During the term of this Agreement and for [12/31/2026] months post-termination, the Contractor shall not engage in competing tax preparation services within [geographical area].
(b) Non-Solicitation: During the term of this Agreement and for [12/31/2026] months post-termination, the Contractor shall not solicit or attempt to solicit the Company’s clients or employees.
6. Confidentiality
The Contractor may access confidential Company information and agrees not to disclose it to any third party without prior written consent.
7. Independent Contractor Status
The Contractor is an independent contractor, not an employee. They have no authority to bind the Company and are responsible for taxes, insurance, and other obligations related to their compensation.
8. Termination
(a) For Cause: The Company may terminate this Agreement immediately upon written notice if the Contractor breaches any material term or engages in misconduct.
(b) Without Cause: Either party may terminate this Agreement with [30/60] days’ written notice.
9. Miscellaneous
(a) Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, written or oral.
(b) Amendments: Any modifications must be in writing and signed by both parties.
(c) Governing Law: This Agreement is governed by the laws of the State of United States.
(d) Dispute Resolution: Disputes shall be resolved through [mediation/arbitration] in the United States.