Hillsborough Florida 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 software developer. This agreement is specifically designed to meet the requirements of the Internal Revenue Service's 20 Part Test for Determining Independent Contractor Status, ensuring that the sales representative can be classified as an independent contractor rather than an employee. The agreement includes several provisions to satisfy the IRS's criteria for independent contractor status. These provisions include: 1. Nature of Relationship: The agreement clearly states that the sales representative is an independent contractor and not an employee of the software developer. It emphasizes that the representative has the freedom to control their own working hours and methods. 2. Control and Direction: The agreement specifies that the sales representative has control over how they achieve sales targets, including the freedom to select clients, determine pricing, and set their own goals. 3. Ownership of Territories: The agreement establishes the territories or markets in which the sales representative is authorized to sell the software, ensuring that they have exclusive control over specific regions or customer groups. 4. Commissions and Compensation: The agreement outlines the commission structure and payment terms, including any bonuses or incentives based on sales performance. It clarifies that the sales representative is responsible for their own taxes and liabilities. 5. Tools and Equipment: The agreement acknowledges that the sales representative will use their own tools and equipment, such as computers or mobile devices, to carry out sales activities. The software developer is not responsible for providing any necessary resources. 6. Training and Support: The agreement may include provisions for the software developer to provide training and support to the sales representative, but without exerting excessive control over their activities. 7. Duration and Termination: The agreement specifies the duration of the working relationship and includes provisions for termination by either party. It should clearly state that both the sales representative and the software developer have the right to terminate the agreement without cause. It is important to note that there may be variations of the Hillsborough Florida Independent Sales Representative Agreement with Developer of Computer Software, tailored to the specific needs and circumstances of the parties involved. These variations may include additional provisions or modifications to meet industry-specific requirements or address unique contractual obligations.
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.