The Phoenix Arizona Independent Sales Representative Agreement is a legally binding document that establishes the terms and conditions between a sales representative and a developer of computer software based in Phoenix, Arizona. This agreement is specifically designed to satisfy the Internal Revenue Service's (IRS) 20 part test for determining the independent contractor status of the sales representative. The purpose of this agreement is to clearly define the relationship between the sales representative and the developer of computer software, ensuring that the sales representative qualifies as an independent contractor rather than an employee. By meeting the IRS's 20 part test, both parties can avoid potential tax implications and legal consequences that might arise if the sales representative were classified as an employee. The agreement covers various aspects, including the rights and responsibilities of both the sales representative and the developer, compensation and commission structure, intellectual property considerations, termination clauses, confidentiality, and dispute resolution. There are several variations or types of the Phoenix Arizona Independent Sales Representative Agreement with Developer of Computer Software with Provisions Intended to Satisfy the IRS's 20 Part Test for Determining Independent Contractor Status, which may include: 1. Exclusive Representation Agreement: This type of agreement grants the sales representative exclusive rights to represent the developer and sell their computer software within a specified territory or market segment. 2. Non-Exclusive Representation Agreement: In this type of agreement, the sales representative is not granted exclusivity and may represent other similar products or developers concurrently. 3. Commission-Only Agreement: This agreement outlines that the sales representative's compensation is solely based on commissions earned from the sales of the developer's computer software. No base salary or retainer is provided. 4. Territory-Based Agreement: This type of agreement defines a specific territory or region where the sales representative is exclusively authorized to market and sell the developer's computer software. 5. Time-Limited Agreement: This agreement establishes a defined period during which the sales representative is authorized to represent the developer and sell their computer software. It can be renewable upon mutual agreement. The specific terms and conditions of the agreement may vary depending on the individual needs and requirements of the sales representative and the developer. It is essential for both parties to carefully review and negotiate the agreement to ensure it aligns with their respective business goals and legal obligations while satisfying the IRS's 20 part test for independent contractors. It is recommended to seek legal counsel when drafting or signing this agreement to ensure compliance with all applicable 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.