Los Angeles 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 that outlines the terms and conditions between an independent sales representative and a developer of computer software in Los Angeles, California. This agreement is specifically designed to comply with the Internal Revenue Service's (IRS) 20 part test for determining independent contractor status, providing both parties with clear guidelines and protection. It is crucial to draft this agreement carefully and ensure compliance with the IRS regulations to avoid any potential misclassification issues. Key provisions typically included in this agreement may encompass: 1. Scope of Work: Clearly define the responsibilities and tasks expected of the independent sales representative, such as promoting and selling the developer's computer software within a specified territory or market segment in Los Angeles, California. 2. Independent Contractor Relationship: Clearly state that the independent sales representative will perform services as an independent contractor and not as an employee of the developer. This provision should include language that highlights the representative's responsibility for taxes, benefits, insurance, and invoicing. 3. Compensation and Payment: Detail the compensation structure, including commission rates, payment terms, and any additional terms related to bonuses or incentives. Specify how and when payments will be made, such as monthly or upon successful completion of a sale. 4. Non-Compete and Non-Disclosure: Include clauses that prohibit the representative from engaging in direct competition with the developer or disclosing any confidential information obtained during the course of the agreement. 5. Intellectual Property: Clarify ownership rights to any intellectual property created or used during the sales representation period. Specify whether the software developer retains all rights or if the representative is granted any usage or licensing rights. 6. Term and Termination: Define the duration of the agreement, including any initial term and subsequent renewal periods. Outline the conditions under which either party can terminate the agreement, such as breach of contract or non-performance. 7. Indemnification and Liability: Establish provisions that outline the responsibilities and liabilities of each party in case of any claims, damages, or losses arising from the performance of the agreement. Different types of Los Angeles California Independent Sales Representative Agreements with Developer of Computer Software with Provisions Intended to Satisfy the IRS's 20 Part Test for Determining Independent Contractor Status may include variations in compensation structures, territories, or the specific software being represented. Additionally, additional clauses may be added to address specific concerns or requirements in the software industry, such as exclusivity rights, marketing support, or training provision. It is important to tailor the agreement to the specific needs and circumstances of the parties involved to ensure a fair and legally binding relationship.
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.