Chicago Illinois Acuerdo de representante de ventas independiente con desarrollador de software de computadora con disposiciones destinadas a satisfacer la prueba de 20 partes del Servicio de Impuestos Internos para determinar el estado de contratista independiente - 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

• Category: Tecnología - Informática e Internet - Propiedad Intelectual
• State: Multi-State
• City: Chicago
• Control #: US-12699BG
• Format: Word

Description

This form is a detailed Independent Sales Representative Agreement document is for use in the computer, internet and/or software industries. Chicago Illinois 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 Introduction: The Chicago Illinois Independent Sales Representative Agreement with Developer of Computer Software is a legally binding contract that outlines the terms and conditions between an independent sales representative and a computer software developer, both operating within the jurisdiction of Chicago, Illinois. The agreement is designed specifically to meet the standards set forth by the Internal Revenue Service's (IRS) 20 Part Test for determining the independent contractor status of the representative. This comprehensive agreement protects the rights and responsibilities of both parties, clarifying obligations, compensation, termination, confidentiality, and dispute resolution. Key Provisions: 1. Parties Involved: Clearly identifies the independent sales representative and the computer software developer as the contracting parties and their respective legal entities, addresses, and contact information. 2. Scope of Representation: Clearly defines the scope of the sales representative's authority, outlining the specific territories, products, and services they are authorized to sell on behalf of the developer. 3. Independent Contractor Status: Explicitly declares the intention of both parties that the sales representative is an independent contractor and not an employee of the developer, in accordance with the IRS's 20 Part Test. 4. Compensation and Commission: Clearly states the commission structure and payment terms for the sales representative, specifying the percentage or formula used to calculate earnings, payment frequency, and any applicable deductions or withholding. 5. Sales Targets and Performance: Outlines any minimum sales targets or performance standards that the sales representative must meet to maintain their independent contractor status, with provisions for review and adjustment of targets if necessary. 6. Non-Compete and Non-Disclosure: Establishes the sales representative's obligation to maintain confidentiality and prohibits them from engaging in activities that could be considered competitive to the developer's business during and after the agreement's term. 7. Term and Termination: Defines the duration of the agreement and the conditions under which either party can terminate it, including any notice periods, breach provisions, and post-termination obligations. Types of Chicago Illinois 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: — Exclusive Agreement: A contract where the sales representative has sole rights to sell the developer's software within a defined territory, preventing the developer from appointing other representatives in that area. — Non-Exclusive Agreement: A contract where the sales representative has the right to sell the developer's software, but the developer can appoint multiple representatives within the same territory or industry. — Commission-Only Agreement: A contract where the sales representative is compensated solely based on the commissions they generate, without a fixed salary or retainer. — Commission-Plus-Salary Agreement: A contract where the sales representative receives a base salary in addition to commissions, providing a more predictable income stream. Conclusion: The Chicago Illinois Independent Sales Representative Agreement with Developer of Computer Software, adhering to the IRS's 20 Part Test for determining independent contractor status, is a vital legal document protecting the rights and obligations of both the independent sales representative and the software developer. By including comprehensive provisions regarding compensation, scope of representation, confidentiality, and termination, this agreement ensures a clear and mutually beneficial working relationship between the parties involved.

Chicago Illinois 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 Introduction: The Chicago Illinois Independent Sales Representative Agreement with Developer of Computer Software is a legally binding contract that outlines the terms and conditions between an independent sales representative and a computer software developer, both operating within the jurisdiction of Chicago, Illinois. The agreement is designed specifically to meet the standards set forth by the Internal Revenue Service's (IRS) 20 Part Test for determining the independent contractor status of the representative. This comprehensive agreement protects the rights and responsibilities of both parties, clarifying obligations, compensation, termination, confidentiality, and dispute resolution. Key Provisions: 1. Parties Involved: Clearly identifies the independent sales representative and the computer software developer as the contracting parties and their respective legal entities, addresses, and contact information. 2. Scope of Representation: Clearly defines the scope of the sales representative's authority, outlining the specific territories, products, and services they are authorized to sell on behalf of the developer. 3. Independent Contractor Status: Explicitly declares the intention of both parties that the sales representative is an independent contractor and not an employee of the developer, in accordance with the IRS's 20 Part Test. 4. Compensation and Commission: Clearly states the commission structure and payment terms for the sales representative, specifying the percentage or formula used to calculate earnings, payment frequency, and any applicable deductions or withholding. 5. Sales Targets and Performance: Outlines any minimum sales targets or performance standards that the sales representative must meet to maintain their independent contractor status, with provisions for review and adjustment of targets if necessary. 6. Non-Compete and Non-Disclosure: Establishes the sales representative's obligation to maintain confidentiality and prohibits them from engaging in activities that could be considered competitive to the developer's business during and after the agreement's term. 7. Term and Termination: Defines the duration of the agreement and the conditions under which either party can terminate it, including any notice periods, breach provisions, and post-termination obligations. Types of Chicago Illinois 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: — Exclusive Agreement: A contract where the sales representative has sole rights to sell the developer's software within a defined territory, preventing the developer from appointing other representatives in that area. — Non-Exclusive Agreement: A contract where the sales representative has the right to sell the developer's software, but the developer can appoint multiple representatives within the same territory or industry. — Commission-Only Agreement: A contract where the sales representative is compensated solely based on the commissions they generate, without a fixed salary or retainer. — Commission-Plus-Salary Agreement: A contract where the sales representative receives a base salary in addition to commissions, providing a more predictable income stream. Conclusion: The Chicago Illinois Independent Sales Representative Agreement with Developer of Computer Software, adhering to the IRS's 20 Part Test for determining independent contractor status, is a vital legal document protecting the rights and obligations of both the independent sales representative and the software developer. By including comprehensive provisions regarding compensation, scope of representation, confidentiality, and termination, this agreement ensures a clear and mutually beneficial working relationship between the parties involved.

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.