Kentucky Independent Sales Representative Agreement with Developer of Computer Software with Provisions Intended to Satisfy the Internal Revenue Service's 20 Part Test for Determining Independent Contractor Status is a legal document that outlines the terms and conditions of the working relationship between an independent sales representative and a computer software developer in Kentucky. This agreement is specifically designed to comply with the Internal Revenue Service's (IRS) 20 part test, which helps determine the independent contractor status. Keywords: Kentucky, Independent Sales Representative Agreement, Developer of Computer Software, Provisions, Internal Revenue Service, 20 Part Test, Determining Independent Contractor Status. 1. General Overview: The Kentucky Independent Sales Representative Agreement with Developer of Computer Software is a legally binding contract that sets out the rights, responsibilities, and expectations of both the independent sales representative and the software developer. This agreement includes provisions to ensure compliance with the IRS's 20 part test for determining independent contractor status. 2. Parties Involved: This agreement establishes clear identification and roles for the parties involved — the independent sales representative and the computer software developer. It includes their legal names, addresses, contact information, and business details. 3. Independent Contractor Status: To satisfy the IRS's 20 part test and establish the independent contractor status, this agreement includes specific provisions that outline the nature of the working relationship between the parties. It clarifies that the independent sales representative is not an employee but an independent contractor, responsible for their own taxes, insurance, and compliance with applicable laws. 4. Scope of Work: The agreement describes in detail the scope of work that the independent sales representative will undertake on behalf of the software developer. This includes selling the developer's computer software products or services in a designated territory, following established sales procedures, and achieving sales targets. 5. Commission and Compensation: The agreement clearly defines the commission structure and compensation terms. It specifies the percentage or formula used to calculate commissions on sales made by the independent sales representative. It may also outline any additional compensation, such as bonuses or incentives based on performance. 6. Territories and Account Ownership: This agreement stipulates the territories or markets in which the independent sales representative is authorized to sell the software developer's products or services. It may also address account ownership, ensuring that any accounts the independent sales representative secures remain the property of the software developer. 7. Non-Compete and Confidentiality: To protect the software developer's interests, this agreement may include non-compete and confidentiality clauses. These provisions restrict the independent sales representative from engaging in similar sales activities for competitors and impose obligations regarding the protection of confidential information, trade secrets, and intellectual property. 8. Term and Termination: The agreement specifies the initial term of the relationship between the parties and may include renewal options. It also outlines the circumstances under which either party can terminate the agreement, such as for breach of contract, non-performance, or by giving a notice period. Different types of Kentucky Independent Sales Representative Agreement with Developer of Computer Software with Provisions Intended to Satisfy the Internal Revenue Service's 20 Part Test for Determining Independent Contractor Status may include variations based on factors such as the software developer's industry, the length of the agreement, geographical scope, and compensation structure. However, the essential elements to satisfy the IRS's 20 part test and ensure compliance remain consistent.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.