An Alameda California 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 legally binding contract between an independent sales representative and a developer of computer software, based in Alameda, California. This agreement outlines the terms and conditions of their working relationship, with specific provisions in place to meet the criteria set by the Internal Revenue Service (IRS) for determining the independent contractor status. The agreement aims to establish the independent nature of the sales representative's business and outlines their responsibilities, compensation, and obligations, among other key aspects. The provisions included in this agreement address various aspects of the 20-part test laid out by the IRS, which helps determine whether a worker is classified as an employee or an independent contractor. These provisions aim to demonstrate that the sales representative operates as a separate business entity rather than an employee of the software developer. Some specific provisions included in the Alameda California Independent Sales Representative Agreement with Developer of Computer Software may include the following: 1. Business Relationship: This provision clarifies that the sales representative operates as an independent contractor and establishes that the agreement does not create an employer-employee relationship. 2. Control and Independence: This provision outlines that the sales representative has the freedom to perform the services as they see fit, without being subject to excessive control or supervision from the developer. 3. Scope of Work: This provision defines the specific tasks and responsibilities of the sales representative, ensuring that they are limited to sales and marketing activities related to the developer's computer software products. 4. Compensation and Expenses: This provision details the compensation structure, commission rates, payment terms, and outlines any expenses that the sales representative may be eligible to claim reimbursement for. 5. Taxes and Benefits: This provision clarifies that the sales representative is responsible for their own taxes, including self-employment taxes, and highlights that they are not entitled to any employee benefits such as health insurance or retirement plans. 6. Term and Termination: This provision specifies the duration of the agreement and outlines the conditions under which either party can terminate the agreement. 7. Intellectual Property: This provision addresses the ownership and use of any intellectual property associated with the computer software and ensures that the sales representative is not granted any ownership rights. 8. Confidentiality and Non-Disclosure: This provision establishes the sales representative's obligation to maintain the confidentiality of any proprietary information or trade secrets provided by the developer. It's important to note that there may be variations of this Alameda California Independent Sales Representative Agreement with Developer of Computer Software based on specific business requirements and legal considerations. It is recommended to consult with legal professionals to ensure compliance with relevant laws and regulations.
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.