• Direct Seller Agreement

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  • VERIFICATION

  • Before proceeding it is important that we verify who you are. We do this through verification of your mobile number and your email address below. Please use the same email address and mobile number you used to apply for the sales position.

     

    Once you enter and verify your mobile number and email address below, you will then receive a confirmation code via sms text AND to your email address. Copy the code you receive to the boxes below and then click the VERIFY button before proceeding

  • AGREEMENT

  • RECITALS

  • Direct Seller is engaged in telemarketing sales for various products and / or services. Direct Seller is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate entity.

    Company desires to engage and contract for the services of the Direct Seller to perform certain tasks as set forth below.  Direct Seller desires to enter into this Agreement and perform as a Direct Seller for the company and is willing to do so on the terms and conditions set forth below.

    NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows:

  • TERMS

  • This Agreement shall be effective immediately, and shall continue until terminated by either Party as otherwise provided herein.

  • STATUS OF DIRECT SELLER

  • This agreement does not constitute a hiring by either party. It is the Parties’ intentions that Direct Seller shall have a Direct Seller status and not be an employee for any purposes, including, but not limited to, consideration for state Unemployment Insurance purposes, the application of the Federal Insurance Contribution Act, the Social Security act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Revenue and Taxation Code relating to income tax withholding at the source of income, the Workers’ Compensation Insurance Code, 401K, and other benefit payments and third party liabilities claims. The Company stall retains sole and absolute discretion in the manner and means of carrying out the activities and responsibilities of the Direct Seller under this Agreement.  This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred my Direct Seller unless specifically authorized in Writing.  Direct Seller shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. Direct Seller understands that they cannot be considered for State Unemployment Insurance Purposes.

  • TASKS, DUTIES, AND SCOPE OF WORK

  • Direct Seller agrees to devote as much time, attention, and energy as necessary to compete or achieve the following: To prospect for potential clients and market the various products and service offered by the Company through the use of the materials and resources provided and owned by the Company, and utilizing the scripts authorized by the Company for said marketing and signing up new clients: filling out the required forms and paperwork used by Company in the sales of the products. The above to be referred to in this Agreement as the “Scope of Work.”

     

    Direct Seller shall not use deceptive practices when speaking with customers of the Company in the sales of products offered. Direct Seller shall not engage in any activities which are not expressly set forth by the Agreement. Any charge backs due to negligence, misrepresentation, or misinformation caused by the Direct Seller will be deducted from the Direct Seller’s future commissions.The Company will be responsible for any and all training necessary for the Direct Seller to perform the Scope of Work.The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Company.

     

    Direct Seller shall be responsible to the management and directors of Company.  Direct Seller will use the online and offline forms and processes of Company for completion of tasks and duties set forth pursuant to the Agreement.  Any advice given to Direct Sellers by anyone other than the Company regarding the Scope of Work shall be considered a suggestion only, not an instruction.  Company retains right to inspect, stop, monitor or alter the work of Direct Seller to assure its conformity with this Agreement.

  • COMPENSATION

  • Direct Seller shall be entitled to compensations for performing those tasks and duties related to the Scope of Work. Details of the Company's compensation is spelled out in the "Commissions and Compensation" document and the Direct Seller acknowledges they have received and read it. The Company retains the right to change or alter the compensation plan at any time with at least a two week notice to the Direct Seller. Commissions will be paid to the Direct Seller via an electronic payment company of the Company's choosing. Monthly residual earnings are forfeited should the Direct Seller leave the company or be terminated.

     

     

  • NOTICE CONCERNING WITHHOLDING OF TAXES

  • Direct Seller recognizes and understands that it will receive an IRS Form 1099 statement and related tax statements and may be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State Law. Direct Seller hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney‘s fees and legal expense, incurred by the Company as a result of Direct Sellers failure to make such required payments.

  • AGREEMENT TO WAIVE RIGHTS TO BENEFITS

  • Direct Seller hereby waives and forgoes the right to receive any benefits given by Company, including, but not limited to, health benefits, vacation and sick leave benefits, and/or profit sharing plans, such as 401(k) plans. This waiver is applicable to all benefits which might otherwise be found to accrue to Direct Seller by virtue of their services to Company, and is effective for the entire duration of Direct Seller’s Agreement with Company. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either Party without the consent of the other.

  • TERMINATION

  • This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either Party giving immediate notice to the other Party for any reason.

  • NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION

  • Direct Seller agrees not to disclose or communicate, in any manner, either during or after Direct Seller’s Agreement with Company, information about Company, its operations, clientele, or any other information that relates to the business or Company, including but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Direct Seller acknowledges that the above information is material and confidential and that it affects the profitability of Company. Direct Seller understands that any breach of this provision or that of any other Confidentially and Non-Disclosure Agreement is a material breach of this Agreement.  To the extent Direct Seller feels they need to disclose confidential information, they may do so only after obtaining written authorization from an officer of the Company.

  • NON-RECRUIT

  • Direct Seller shall not, during this Agreement, and for a period of one year immediately following termination of this Agreement, either directly or indirectly, recruit any of Company’s employees or other Direct Sellers for the purpose of any outside business.

  • RETURN OF PROPERTY

  • On termination of this Agreement, or whenever requested by the Parties, each Party shall immediately deliver to the other Party all property in its possession, or under its care and control, belonging to the other Party, including but not limited to, parts, inventory, proprietary information, customer lists, trade secrets, intellectual property, computers, equipment, tools, documents, plans, recordings, software, and all related records or accounting ledgers.

  • WORKS FOR HIRE

  • Direct Seller agrees that the Scope of Work, all tasks, duties, results, inventions and intellectual property developed or performed pursuant to this Agreement are considered “works for hire” and that the results of said work is by virtue of this Agreement assigned to the Company and shall be the sole property of Company for all purposes, including, but not limited to, copyright, trademark, service mark, patent, and trade secret laws.

  • LEGAL COMPLIANCE

  • Direct Seller is encouraged to treat all company employees, customers, clients, business partners and other affiliates with respect and responsibility. Direct Seller is required to comply with all laws, ethical codes and company policies, procedures, rules or regulations, including those forbidding sex harassment, discrimination, and unfair business practices.

  • NOTICES

  • Any notice to be given hereunder by any party to the other may be affected either by personal delivery in writing, or by mail, email, registered or certified, postage pre-paid with return requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraphs of this Agreement, but each Party may change their address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five (5) days after mailing. Direct Seller agrees to keep Company current as to their business and/or mailing addresses, as well as telephone, facsimile, e-mail and pager numbers.

  • ATTORNEY’S FEES AND COSTS

  • If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements incurred both before or after judgment in addition to any other relieve to which such Party may be entitled.

  • IDEMNIFICATION

  • Direct Seller shall defend, indemnify, hold harmless, and insure the Company from any and all damages, expenses or liability resulting from or arising out of, any negligence or misconduct on Direct Seller’s part, or from any breach or default of this Agreement which is caused or occasioned by the acts of Direct Seller.

  • CONTAINMENT OF ENTIRE AGREEMENT

  • This Agreement is an independent document and supersedes any and all other Agreements, either oral or in writing, between the parties hereto.  This Agreement contains all of the covenants and Agreements between the parties.

  • REPRESENTATION

  • Each Party of this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party hereto, or anyone acting on behalf of any Party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in the Agreement shall be valid or binding. Any parties hereto.

  • PARTIAL INVALIDITY

  • If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

  • GOVERNING LAW; JURISDICTION AND VENUE

  • This Agreement shall be governed by, and construed under, the laws of the State of Nevada. Jurisdiction and venue for all purposes shall be in the County of Clark, State of Nevada.

  • NOTE: Upon submission of this agreement, a copy will be send to the email address you provided earlier

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