Outside Consultant for Development of Sales Program Agreement

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This Agreement with Outside Consultant for Development of Sales Program is for use by a company who will hire an independent contractor to develop a strategic marketing plan. This agreement sets out the scope of the marketing project and compensation the consultant will receive.

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Agreement with Outside Consultant for Development of Sales Program is between a company and a marketing/sales entity or individual (independent contractor, non-employee) who will develop a strategic marketing plan for the company, including implementation of this marketing plan. This contract sets forth the duties the consultant will perform, development of sales campaigns and that the company is responsible for payment of all fees related to these campaigns. It also sets forth the compensation paid to the marketing consultant and whether a company vehicle will be provided for consultant's use.

This contract also specifies that the individual is considered an independent contractor and is responsible for payment of all tax-related responsibilities. In addition, the marketing consultant is free to advertise his/her services without company restriction.

This Agreement with Outside Consultant for Development of a Sales Program contains:
  • Parties: Contains the names of the company and the marketing consultant who will provide the consultation services;
  • Duties: Spells out the responsibilities of the consultant and the specific products to be marketed;
  • Sales Campaigns: Company has the right to accept or reject any sales campaigns. Upon approval of a campaign, consultant will notify the appropriate media and company has full responsibility for payment of all media bills;
  • Employees: Marketing consultant may hire employees but will be solely responsible for all necessary insurance and payroll deductions;
  • Independent Contractor: As an independent contractor the consultant is not required to devote all time to the company and may engage in other businesses;
  • Vehicle/Equipment: Company will not supply a vehicle or equipment to the consultant;
  • Compensation: Marketing consultant will be compensated on a commission basis spelled out in detail within the agreement;
  • Signatures: Company and consultant must both sign this agreement.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Agreement with Outside Consultant for Development of a Sales Program
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement with Outside Consultant
for Development of Sales Program
 

 

 
Agreement made this 1st day of [date], ____________, between [Name of Company]. (hereinafter“XYZ”), and [Name], an individual doing business under the fictitious trade name of ABC Media Company (hereinafter “the marketing director”).
In consideration of the mutual promises hereinafter contained, the parties hereto agree as follows:
1. Duties. The marketing director shall be responsible for developing a sales program for ___________________________ products, by whatever means and methods he shall, in his sole discretion, determine. The market director shall establish his work schedule and/or the schedule of his employees.
2. Sales campaigns. XYZ reserves the right to accept or reject any sales campaign proposed by the marketing director, as well as the right to establish the terms and conditions under which any such campaign shall be executed. At its option and at its own expense, XYZ may conduct a “marketing verification” of each proposed campaign created by the marketing director without first notifying him. This verification is intended to gauge the potential effectiveness of a proposed campaign. Upon XYZs approval of each proposed campaign, the marketing director shall notify the appropriate media. He shall then notify XYZ of the credit terms extended to XYZ by the media. XYZ shall possess full responsibility for payment of all media bills in connection with its advertising campaign(s).
3. Independent contractor status. It is understood that the marketing director is an independent contractor and is not an employee, agent, partner or representative of XYZ, and shall not hold himself out to the public as an employee, agent, partner or representative of XYZ. As an independent contractor, the marketing director is responsible to secure, at his sole cost, workers compensation insurance, disability benefits insurance, and any other insurance as may be required by law.
XYZ will not provide, nor will it be responsible to pay for, any benefits for the marketing director. The marketing director shall secure and pay for all such benefits for himself and/or his staff, including, but not limited to, health insurance, paid vacation, paid holidays, sick leave or disability insurance coverage of whatever nature.
4. Tax duties and responsibilities. The marketing director is responsible for the payment of all required payroll taxes, whether federal, state or local in nature, including, but not limited to, income taxes, Social Security taxes, unemployment compensation taxes, and any other fees, charges or licenses required by law.
5. Employees of independent contractor. The marketing director may employ as many employees as he requires. This matter solely lies within his discretion. XYZ need not be advised of the employment of such persons, who will be deemed employees of the marketing director. The marketing director shall be solely responsible for all necessary insurance and payroll deductions for such persons, including, but not limited to, federal, state, and local income taxes, Social Security taxes, unemployment compensation taxes, and workers compensation coverage.
6. Indemnification. If a court or administrative agency finds that the marketing director is an employee of XYZ, the marketing director shall indemnify and hold XYZ harmless and shall pay all of XYZs related fines, damages, assessments, benefits and attorneys fees.
7. Business of independent contractor. The marketing director may engage in any other business and is not required to devote all of his energies exclusively for the benefit of XYZ.
8. Supervision. The marketing director shall not be subject to the provisions of any personnel handbook or other rules and regulations applicable to XYZs employees, since the marketing director shall fulfill his responsibilities independent of, and without supervisory control by, XYZ.
9. Advertisement. The marketing director is free to advertise his services without restriction. He shall pay for any advertisement or materials utilized for advertising or publicity purposes. The marketing director may not use the name “ABC”,“XYZ”, or any variation thereof, for advertising or publicity purposes, without first obtaining XYZs written consent, which, if granted, may be revoked at any time.
10. Vehicle and equipment. The marketing director shall supply his own equipment, including, but not limited to, an automobile or other vehicle. He shall be solely responsible for the maintenance of the vehicle and for any and all fees incidental to the operation of it, including, but not limited to, insurance premiums, fuel, maintenance, repairs and parking fees.
11. Compensation. The marketing directors compensation hereunder is limited to the formula set forth below. XYZ will pay to the marketing director a commission at the rate of 15 percent of “total generated sales” for each year during which this Agreement is in effect.
For purposes of this Agreement, the term “total generated sales” shall equal the gross sales revenue of XYZ for each calendar year in which the Agreement is in effect, minus XYZs gross sales revenue for calendar year ____________ (known as the “Base Year”). Thus, for example, if in calendar year ____________ (the first year of the Agreement) gross sales revenue equals $1.5 million, and gross sales revenue for ____________ was $1 million, then the marketing director would receive a 15 percent commission on $500,000 for calendar year ____________. Commissions shall be paid to the marketing director by the last day of January following each year in which this Agreement is in effect. Payment of the commission shall be accompanied by an accounting statement setting forth in detail how the commission was calculated.
12. Termination of advertising. XYZ reserves the absolute right to terminate any advertising that the marketing director may design, at any time and without prior notice to the marketing director.
13. Assignment. The marketing director shall not sell, assign or transfer this Agreement without the prior written consent of XYZ.
14. Governing law. This Agreement shall be subject to and governed by the laws of the State of [State].
15. Termination of agreement. This Agreement may be terminated at will by either party, either by telegram or by written notification via certified mail, return receipt requested, sent to the address of the party designated in this Agreement, or such other address as the marketing director may furnish in writing to XYZ.
16. Waiver. The waiver by either party of a breach of any provision of this Agreement shall not operate as, or be construed as, a waiver of any subsequent breach.
17. Modification. No change, modification or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both parties.
18. Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between XYZ and the marketing director.
19. Headings. The headings are inserted for convenience only and shall not be considered when interpreting any of the provisions or terms hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement this first day of [____________], ____________.
COMPANY                  MARKETING CONSULTANT
 
By: __________________________________   ___________________________________
Title:  ________________________________
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43656
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Agreement with Outside Consultant
for Development of Sales Program
 

 

 
Agreement made this 1st day of [date], ____________, between [Name of Company]. (hereinafter“XYZ”), and [Name], an individual doing business under the fictitious trade name of ABC Media Company (hereinafter “the marketing director”).
In consideration of the mutual promises hereinafter contained, the parties hereto agree as follows:
1. Duties. The marketing director shall be responsible for developing a sales program for ___________________________ products, by whatever means and methods he shall, in his sole discretion, determine. The market director shall establish his work schedule and/or the schedule of his employees.
2. Sales campaigns. XYZ reserves the right to accept or reject any sales campaign proposed by the marketing director, as well as the right to establish the terms and conditions under which any such campaign shall be executed. At its option and at its own expense, XYZ may conduct a “marketing verification” of each proposed campaign created by the marketing director without first notifying him. This verification is intended to gauge the potential effectiveness of a proposed campaign. Upon XYZs approval of each proposed campaign, the marketing director shall notify the appropriate media. He shall then notify XYZ of the credit terms extended to XYZ by the media. XYZ shall possess full responsibility for payment of all media bills in connection with its advertising campaign(s).
3. Independent contractor status. It is understood that the marketing director is an independent contractor and is not an employee, agent, partner or representative of XYZ, and shall not hold himself out to the public as an employee, agent, partner or representative of XYZ. As an independent contractor, the marketing director is responsible to secure, at his sole cost, workers compensation insurance, disability benefits insurance, and any other insurance as may be required by law.
XYZ will not provide, nor will it be responsible to pay for, any benefits for the marketing director. The marketing director shall secure and pay for all such benefits for himself and/or his staff, including, but not limited to, health insurance, paid vacation, paid holidays, sick leave or disability insurance coverage of whatever nature.
4. Tax duties and responsibilities. The marketing director is responsible for the payment of all required payroll taxes, whether federal, state or local in nature, including, but not limited to, income taxes, Social Security taxes, unemployment compensation taxes, and any other fees, charges or licenses required by law.
5. Employees of independent contractor. The marketing director may employ as many employees as he requires. This matter solely lies within his discretion. XYZ need not be advised of the employment of such persons, who will be deemed employees of the marketing director. The marketing director shall be solely responsible for all necessary insurance and payroll deductions for such persons, including, but not limited to, federal, state, and local income taxes, Social Security taxes, unemployment compensation taxes, and workers compensation coverage.
6. Indemnification. If a court or administrative agency finds that the marketing director is an employee of XYZ, the marketing director shall indemnify and hold XYZ harmless and shall pay all of XYZs related fines, damages, assessments, benefits and attorneys fees.
7. Business of independent contractor. The marketing director may engage in any other business and is not required to devote all of his energies exclusively for the benefit of XYZ.
8. Supervision. The marketing director shall not be subject to the provisions of any personnel handbook or other rules and regulations applicable to XYZs employees, since the marketing director shall fulfill his responsibilities independent of, and without supervisory control by, XYZ.
9. Advertisement. The marketing director is free to advertise his services without restriction. He shall pay for any advertisement or materials utilized for advertising or publicity purposes. The marketing director may not use the name “ABC”,“XYZ”, or any variation thereof, for advertising or publicity purposes, without first obtaining XYZs written consent, which, if granted, may be revoked at any time.
10. Vehicle and equipment. The marketing director shall supply his own equipment, including, but not limited to, an automobile or other vehicle. He shall be solely responsible for the maintenance of the vehicle and for any and all fees incidental to the operation of it, including, but not limited to, insurance premiums, fuel, maintenance, repairs and parking fees.
11. Compensation. The marketing directors compensation hereunder is limited to the formula set forth below. XYZ will pay to the marketing director a commission at the rate of 15 percent of “total generated sales” for each year during which this Agreement is in effect.
For purposes of this Agreement, the term “total generated sales” shall equal the gross sales revenue of XYZ for each calendar year in which the Agreement is in effect, minus XYZs gross sales revenue for calendar year ____________ (known as the “Base Year”). Thus, for example, if in calendar year ____________ (the first year of the Agreement) gross sales revenue equals $1.5 million, and gross sales revenue for ____________ was $1 million, then the marketing director would receive a 15 percent commission on $500,000 for calendar year ____________. Commissions shall be paid to the marketing director by the last day of January following each year in which this Agreement is in effect. Payment of the commission shall be accompanied by an accounting statement setting forth in detail how the commission was calculated.
12. Termination of advertising. XYZ reserves the absolute right to terminate any advertising that the marketing director may design, at any time and without prior notice to the marketing director.
13. Assignment. The marketing director shall not sell, assign or transfer this Agreement without the prior written consent of XYZ.
14. Governing law. This Agreement shall be subject to and governed by the laws of the State of [State].
15. Termination of agreement. This Agreement may be terminated at will by either party, either by telegram or by written notification via certified mail, return receipt requested, sent to the address of the party designated in this Agreement, or such other address as the marketing director may furnish in writing to XYZ.
16. Waiver. The waiver by either party of a breach of any provision of this Agreement shall not operate as, or be construed as, a waiver of any subsequent breach.
17. Modification. No change, modification or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both parties.
18. Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between XYZ and the marketing director.
19. Headings. The headings are inserted for convenience only and shall not be considered when interpreting any of the provisions or terms hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement this first day of [____________], ____________.
COMPANY                  MARKETING CONSULTANT
 
By: __________________________________   ___________________________________
Title:  ________________________________

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