THIS PARTNER ONBOARDING AGREEMENT (hereinafter the "Agreement") is made as of the date associated with the electronic form submission by and between Contractors Premier Inc., Contractors Premier Electrical, LLC DBA 02 Energy, collectively as companies (hereafter, “THE COMPANY” and the business listed herein this electronic form submission with all identifying information provided (hereafter “Partner”)
WHEREAS, THE COMPANY promotes, markets, sells and provides installation services pertaining for electrical, mechanical and general construction in (but not limited to) New Jersey, Pennsylvania and Delaware (the “Services”);
WHEREAS, The Partner has agreed to provide services as applied for and described in this electronic form submission.
NOW, THEREFORE, in consideration of promises hereinafter set forth, The Partner does hereby agree as follows:
1. The Partner agrees that this Agreement will be an independent contractor agreement, and the Partner expressly understands and agrees to abide by all labor, employment & tax laws as it pertains to the issued 1099 for monies earned.
2. The Partner agrees that it will at its expense be liable for any regular insurance requirements per local, state and federal laws. The Partner indemnifies THE COMPANY, heirs, officers, and representatives thereof to the fullest extent permitted by law with regard to negligent, fraudulent or otherwise unscrupulous actions made while performing the duties of this Agreement.
3. The Partner agrees to represent THE COMPANY in a professional, respectful, lawful manner at all times as it pertains to communication with clients, vendors, employees, or otherwise associates of THE COMPANY. The Partner understands that default of this provision may result in forfeiture of any and all monies owed to the Partner.
4. The Partner agrees that payments to the Partner for services rendered are paid via check or electronic transfer on the Friday following completion of the Services performed by the Partner and only after inspection and verification of completion of the Services has been completed by THE COMPANY.
5. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the Partner expressly agrees to indemnify and hold harmless THE COMPANY, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
6. The Partner agrees that any controversy or claim relating to this Agreement, any performance or dealings between the parties or otherwise shall be settled exclusively by arbitration in New Jersey by a single arbitrator pursuant to the American Arbitration Association's Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection then in effect and judgment upon the award shall be entered in any court having jurisdiction thereof. The arbitrator shall be chosen from a panel of licensed attorneys familiar with the subject matter of this Agreement. New Jersey law shall apply to this Agreement, excluding conflicts of law. The prevailing party shall be awarded reasonable attorney's fees, costs and disbursements in addition to any other relief granted.
7. This Agreement will be governed and construed under the laws of the State of New Jersey.
8. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.